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`PLAINTIFF’S ORIGINAL COMPLAINT
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`C.A. NO.: 9:21-cv-53
`JURY DEMAND
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`Case 9:21-cv-00053 Document 1 Filed 03/23/21 Page 1 of 6 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`LUFKIN DIVISION
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`PABLO ROSALES
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`Plaintiff,
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`v.
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`PILGRIMS PRIDE CORPORATION
` Defendant.
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`TO THE HONORABLE JUDGE OF SAID COURT:
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`COMES NOW, Plaintiff PABLO ROSALES (“Plaintiff”) and complains of Defendant
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`PILGRIMS PRIDE CORPORATION (hereinafter referred to as “PILGRIMS PRIDE”) and for his
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`cause of action would show the Court as follows:
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`INTRODUCTION
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`1.
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`This action seeks economic and compensatory damages, liquidated damages,
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`attorneys’ fees, expert fees, taxable costs of the court, pre-judgment and post-judgment interest as
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`a result of civilly wrongful conduct in violation of the laws of the United States and the State of
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`Texas, including Title VII of the Civil Rights Act of 1964 (42 U.S.C.§2000e, et seq.), as amended,
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`42 U.S.C. §1981, the Age Discrimination in Employment Act of 1967 (29 U.S.C. 626, et seq.) and
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`42 U.S.C. §1983.
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`PARTIES
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`2.
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`3.
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`Plaintiff Pablo Rosales. is a resident of Harrison County, Texas.
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`Defendant Pilgrim’s Pride is a Delaware corporation that engages in all phases of
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`the poultry business in the State of Texas and who may be served through their designated agent
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`for service of process, Corporation Service Company dba CSC – Lawyers Incorporating Service
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`PLAINTIFF’S ORIGINAL COMPLAINT – PAGE 1
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`C.A. NO.: 9:21-cv-53
`JURY DEMAND
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`
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`Case 9:21-cv-00053 Document 1 Filed 03/23/21 Page 1 of 6 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`LUFKIN DIVISION
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`
`
`
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`PABLO ROSALES
`
`Plaintiff,
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`v.
`
`
`PILGRIMS PRIDE CORPORATION
` Defendant.
`
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`TO THE HONORABLE JUDGE OF SAID COURT:
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`COMES NOW, Plaintiff PABLO ROSALES (“Plaintiff”) and complains of Defendant
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`PILGRIMS PRIDE CORPORATION (hereinafter referred to as “PILGRIMS PRIDE”) and for his
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`cause of action would show the Court as follows:
`
`INTRODUCTION
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`1.
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`This action seeks economic and compensatory damages, liquidated damages,
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`attorneys’ fees, expert fees, taxable costs of the court, pre-judgment and post-judgment interest as
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`a result of civilly wrongful conduct in violation of the laws of the United States and the State of
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`Texas, including Title VII of the Civil Rights Act of 1964 (42 U.S.C.§2000e, et seq.), as amended,
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`42 U.S.C. §1981, the Age Discrimination in Employment Act of 1967 (29 U.S.C. 626, et seq.) and
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`42 U.S.C. §1983.
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`PARTIES
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`2.
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`3.
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`Plaintiff Pablo Rosales. is a resident of Harrison County, Texas.
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`Defendant Pilgrim’s Pride is a Delaware corporation that engages in all phases of
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`the poultry business in the State of Texas and who may be served through their designated agent
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`for service of process, Corporation Service Company dba CSC – Lawyers Incorporating Service
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`PLAINTIFF’S ORIGINAL COMPLAINT – PAGE 1
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`Case 9:21-cv-00053 Document 1 Filed 03/23/21 Page 2 of 6 PageID #: 2
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`Company, 211 E. 7th Street, Suite 620, Austin, Texas 78701-3218.
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`JURISDICTION AND VENUE
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`4.
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`This is a civil action seeking redress for violation of rights guaranteed to the
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`Plaintiff pursuant to the Age Discrimination in Employment Act of 1967 (“ADEA”) in accordance
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`with provisions prohibiting race discrimination and age discrimination and retaliation for
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`participating in protected activity. More specifically, this action seeks monetary damages,
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`including mental anguish, and all other appropriate relief to which Plaintiff is entitled to under the
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`law on account of discrimination on the basis of age under the ADEA.
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`5.
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`This is also a civil action under the Fourteenth Amendment to the United States
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`Constitution in violation of 42 U.S.C. § 1983 for deprivation of property and liberty interests.
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`Further, this is a civil action under the provisions of 42 U.S.C. §1981, as amended, in accordance
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`with its provisions against racial discrimination involving the right to enter into contracts and other
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`aspects of employment as enjoyed by other citizens of the United States. Plaintiff’s claims under
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`42 U.S.C. §1981 are brought through 42 U.S.C. §1983.
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`6.
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`The jurisdiction of this Court is invoked pursuant to 28 U.S.C. § 1343(a), 28 U.S.C.
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`§ 1331, 42 U.S.C. § 2000(e) et seq., as amended, §704(a), 42 U.S.C. § 1981(a), as amended, and
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`42 U.S.C. § 1983.
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`7.
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`This action lies in the United States District Court for the Eastern District of Texas,
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`Marshall Division, pursuant to 28 U.S.C. § 1391(b), as the events giving rise to Plaintiff’s claims
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`occurred substantially in Harrison County, Texas.
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`CONDITIONS PRECEDENT
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`8.
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`Plaintiff filed Charge # 450-2020-05073 with the EEOC alleging a violation of the
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`Age Discrimination in Employment Act with the EEOC. Upon request of Plaintiff, his notice of
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`PLAINTIFF’S ORIGINAL COMPLAINT – PAGE 2
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`Case 9:21-cv-00053 Document 1 Filed 03/23/21 Page 3 of 6 PageID #: 3
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`“Right-to Sue” was issued for Plaintiff (attached as Exhibit “A”) and plaintiff, thereafter, was able
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`to file a lawsuit on his claims. This case is filed within 90 days of Plaintiff’s receipt of his notice
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`of right to sue from the EEOC.
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`9.
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`All potential administrative remedies have been exhausted and prerequisites to
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`litigation have been met.
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`STATEMENT OF FACTS RELEVANT TO ALL CLAIMS
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`10.
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`Plaintiff was employed by Pilgrims Pride for almost 40 years when he was
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`terminated on or about March 23, 2020. Plaintiff’s date of birth is July 26, 1963 and was 57 years
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`old at the time of his termination. Plaintiff was replaced by a worker from the night shift who is
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`approximately 30 years old.
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`11.
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`Plaintiff’s job with Pilgrims Pride was machine operator and was working on a
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`wrapping machine at the time of my termination. Plaintiff had an incident at work where a lock
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`was placed on the wrong machine. The error was discovered around 2:00 p.m. on that day. Plaintiff
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`was sent home at approximately 4:00 p.m. that same day. The next day Plaintiff was called at home
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`and terminated over the phone.
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`12.
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`There have been at least two other machine operators who committed the same
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`error on the locking of the machines: Alfonso Munoz and Eloy Licea. Neither of these individuals
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`were terminated over the same incident.
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`13.
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`Prior to the incident Plaintiff had not been written up or disciplined for his job
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`performance in the entire time he worked for Pilgrims Pride. Plaintiff alleges his termination was
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`motivated by a discriminatory animus towards Plaintiff because of his age.
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`PLAINTIFF’S ORIGINAL COMPLAINT – PAGE 3
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`Case 9:21-cv-00053 Document 1 Filed 03/23/21 Page 4 of 6 PageID #: 4
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`CAUSES OF ACTION
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`COUNT ONE -
`DISCRIMINATION UNDER THE
`AGE DISCRIMINATION IN EMPLOYMENT ACT
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`14.
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`The allegations contained in Paragraphs 1 through 13 are hereby incorporated by
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`reference.
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`15.
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`Plaintiff is informed and believes and therefore alleges that Defendant replaced him
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`in the position, which he formerly held with Defendant with a younger employee.
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`16.
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`The termination of Plaintiff by Defendant was because of Plaintiff’s age, which
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`violates 29 U.S.C § 623(a)(1) and therefore entitles Plaintiff to relief under the provisions of 29
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`U.S.C. §626.
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`17.
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`At all times relevant hereto, Defendant has enacted and effected policies and
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`practices of unlawful and systematic age discrimination against Plaintiff by inter alia:
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`a. Failing to equalize conditions of employment for Plaintiff as contrasted with
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`comparably trained and qualified younger employees; and,
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`b. Adopting unreasonable, unwarranted and arbitrary standards and conditions of
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`employment and advancement designed to discriminate against Plaintiff in favor of
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`younger employees.
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`18.
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`The termination of Plaintiff’s employment by Defendant constitutes a willful
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`violation of 29 U.S.C. § 623 and as such entitles Plaintiff to recover liquidated damages.
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`DAMAGES
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`19.
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`As a result of Defendant’s unlawful conduct, Plaintiff has suffered economic and
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`actual damages, including past and future lost income, back wages, interest on back pay and front
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`pay, future wages or front pay, lost earnings in the past and future, lost benefits under the contract
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`PLAINTIFF’S ORIGINAL COMPLAINT – PAGE 4
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`Case 9:21-cv-00053 Document 1 Filed 03/23/21 Page 5 of 6 PageID #: 5
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`or employment relationship, employment benefits in the past, and employment benefits in the
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`future.
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`20.
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`Because of Defendant’s intentional discrimination against Plaintiff on the basis of
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`his age, Plaintiff is entitled to liquidated damages.
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`ATTORNEYS’ FEES AND EXPERT FEES
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`21.
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`A prevailing party may recover reasonable attorneys’ and experts’ fees under the
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`Age Discrimination in Employment Act. Plaintiff seeks all reasonable and necessary attorneys'
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`fees in this case from Defendant, including preparation and trial of this lawsuit, post-trial, pre-
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`appeal legal services, and any appeals. Plaintiff additionally brings suit for expert fees and all
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`costs associated with the prosecution of this action.
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`JURY DEMAND
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`22.
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`Plaintiff demands a trial by jury of all the issues and facts in this case and tenders
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`herewith the requisite jury fee.
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`PRAYER
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`WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that:
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`1. The Court assume jurisdiction of this cause;
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`2. The Court award Plaintiff damages as specified above;
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`3. The Court award Plaintiff reinstatement or, in the alternative, front pay.
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`4. The Court award Plaintiff’s reasonable attorneys’ and expert fees and costs;
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`5. The Court award Plaintiff pre- and post-judgment interest at the highest rates allowed.
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`Plaintiff further prays for any such other relief as the Court may find proper, whether at
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`law or in equity.
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`PLAINTIFF’S ORIGINAL COMPLAINT – PAGE 5
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`Case 9:21-cv-00053 Document 1 Filed 03/23/21 Page 6 of 6 PageID #: 6
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`Respectfully submitted,
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`/s/ William S. Hommel, Jr.
`William S. Hommel, Jr.
`State Bar No. 09934250
`Hommel Law Firm
`5620 Old Bullard Road, Suite 115
`Tyler, Texas 75703
`903-596-7100 Phone/Facsimile
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`ATTORNEY FOR PLAINTIFF
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`PLAINTIFF’S ORIGINAL COMPLAINT – PAGE 6
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