Case 4:22-cv-00498 Document 1-2 Filed on 02/15/22 in TXSD Page 1 of 8
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`Exhibit B
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`Case 4:22-cv-00498 Document 1-2 Filed on 02/15/22 in TXSD Page 2o0f8=4)43/99995-52 PM
`Marilyn Burgess- District Clerk Harris County
`Envelope No. 60814611
`By: Wanda Chambers
`Filed: 1/13/2022 5:52 PM
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`2022-02511 / Court: 190
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`CAUSE NO.
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`LAJAMIEKA MIMS
`Plaintiff
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`VS.
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`HUMANAINSURANCE COMPANY
`Defendant
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`CNLNLR?LNLNLN
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`IN THE DISTRICT COURT
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`JUDICIAL DISTRICT
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`HARRIS COUNTY, TEXAS
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`PLAINTIFF’S ORIGINAL PETITION
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`TO THE HONORABLE JUDGE OF SAID COURT:
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`NOW COMES,Plaintiff LaJamieka “Jamie” Mims (“Plaintiff’ or “Ms. Mims”) in the
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`above-referenced matter, complaining of and about Defendant Humana Insurance Company
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`(hereinafter referred to as “Humana”or “Defendant”), and for cause of action will show unto the
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`Court as follows:
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`L
`PARTIES AND SERVICE
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`1.
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`2.
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`Plaintiff LaJamieka Mims is an individual residing in Harris County, Texas.
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`Defendantis a for profit company. It may be served through Defendant’s counsel
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`J. Paul Rinnan at Ogletree Deakins One Allen Center 500 Dallas Street, Suite 3000
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`Houston, TX 77002.
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`I.
`JURISDICTION AND VENUE
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`3.
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`The Court has jurisdiction in the civil action becausethe relief sought and because
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`the amount in controversy exceeds the minimum jurisdictional requirements of this Court. The
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`Court has jurisdiction over the Defendant becauseit regularly and continuously conducts business
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`in the State of Texas. Moreover, venue is proper in Harris County, Texas, pursuant to the Texas
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`Case 4:22-cv-00498 Document 1-2 Filed on 02/15/22 in TXSD Page 3 of 8
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`Civil Practice and Remedies Code §15.002, as that is the county where most of the events occurred.
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`II.
`CLAIM FOR RELIEF
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`4.
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`Plaintiff seeks monetary relief over $200,000 but not more than $1,000,000 asset
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`forth at Rule 47(c)(4) of the Texas Rules of Civil Procedure. Damages are in excess of the
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`minimum jurisdictional limits of this court.
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`CONDITIONSPRECEDENT
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`5.
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`All conditions precedent to jurisdiction have occurred with regard to exhaustion of
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`administrative remedies.
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`V.
`FACTS
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`6.
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`On October 19, 2018, Ms. Mims was hired at Humana as a UM Administration
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`Coordinator. Ms. Mims is an African American woman.
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`7.
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`Felisa Muzquiz was Ms. Mims supervisor at Humana for nearly two and a half
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`years, Ms. Muzquiz never had issues with Ms. Mims’ work performance and Ms. Mims was never
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`written up underher supervision. In fact, she said Ms. Mims metall criteria for her bonusthat they
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`receive at their annual review in Decemberof 2020.
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`8.
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`After Ms. Mims’ annual review, Ms. Muzquiz left the manger position and Martina
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`Esparza becameinterim supervisor for Ms. Mims. Ms. Mims was terminated two weeksafter the
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`interim supervisor began. Humanaclaimed reasons for termination to be 1) that she mentioned to
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`a client that she may haveto place her back in the queue, and 2) it seemedlike she was passing on
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`her work and did not want to help clients because she would sendcallers to the benefits department
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`if they were seeking a MemberID. Ms. Mims explained that these actions had been what she was
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`instructed to do by Ms. Muzquiz, her previous supervisor.
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`Case 4:22-cv-00498 Document 1-2 Filed on 02/15/22 in TXSD Page 4 of 8
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`9.
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`While Ms. Mims wasat work, a client named Corrina called in requesting updates
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`for aboutfifty (50) patients at one time. Whenthe call was initiated Ms. Mims informed the client
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`that she may haveto place her back into the queue after helping her with the numerous amounts
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`of updates because there were other calls on hold. However, Ms. Mims proceededto help with all
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`the clients’ request and did not place her back into the queue. Asa result, she was given a verbal
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`write up for mentioning that she would place the call back into the queue and placed in coaching.
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`10.|When this problem arose, it was mentioned by a co-worker of Hispanic descent,
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`Elijah Lopez, that he had encountered the sameclient and only assisted her with five updates and
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`then placed her back into the queue. This co-worker did not receive repercussions for his actions.
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`Ms. Mims felt that she was targeted by Martina because she was the only one that reprimanded
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`while other employees of Hispanic decent Monse, (last name unknown) and Melissa (last name
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`unknown) mentioned that Corrina’s calls took a long time, and they also did not receive any
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`repercussions for placing her in the queue. Martina is also of Hispanic descent she treated
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`employees of Hispanic descent more favorably than Ms. Mims whois African American. Ms.
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`Mims felt that by placing her in coaching for merely mentioning that she may haveto place her in
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`the queue and not reprimanding any of the Hispanic employees whodid place Corina in the queue,
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`Martina wastargeting her dueto herrace.
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`11.|Ms. Mims chose to email her supervisor and address the situation and expressed
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`that she felt she was being bullied. A week later on January 19, 2021, Ms. Mims wasterminated.
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`12.
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`The second accusation against Ms. Mims is that she refused to help callers. Felisa,
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`Ms. Mims’ previous supervisor had indeedinstructed herto transfer callers seeking only a Member
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`ID to the benefits department. Sonya Arredondo, Ms. Mims’ coworker, confirmed that this was
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`the instruction from the previous supervisor when she stated she also transferred callers to the
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`benefits department if they were only seeking a Member ID. The main difference between both
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`employeesis their race. Ms. Arredondo is Hispanic, and Ms. Mims is African American.
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`13.|Ms. Mims noticed her schedule appearedto be blank in the system and reached out
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`to Martina to ask about it. She received no response. The schedule is usually filled out for the
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`entire year unless something changes. A week after her report of bullying by Martina, on January
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`19, 2021, Ms. Mims was terminated from Humanafor claims of not wanting to assist customers.
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`14.
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`Defendant discriminated against Ms. Mims based onherrace andretaliated against
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`her for engaging in protected activity in violation of Chapter 21 of the Texas Labor Codeand the
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`Texas Commission on Human Rights Act, as amended.
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`VI.
`DAMAGES
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`15.
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`As a direct and proximate result of the aforementioned arbitrary and capriciousacts,
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`the Plaintiff has suffered grievous harm, including, but not limited to, loss of income; humiliation
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`and embarrassment among co-workersand others; sustained damageto Plaintiff's credibility and
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`broken careertrajectory.
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`VIL.
`JURY DEMAND
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`16.
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`Plaintiff hereby makes Plaintiff's request for a jury trial in this cause pursuant
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`to Rule216 of the Texas Rules of Civil Procedure and deposits with the District Clerk of Harris
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`County, Texas the jury fee of ten ($10.00) dollars.
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`IX.
`ATTORNEY’S FEES
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`17.
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`Defendant's action and conduct as described herein and the resulting damage and
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`loss to Plaintiff has necessitated Plaintiff retaining the services of KENNARD LAW,P.C. in
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`initiating this proceeding. Pursuant to Chapter 21 of the Texas Labor Code and the Texas Civil
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`Practice & Remedies Code §38.001(8), Plaintiff is entitled to recoverits reasonable and necessary
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`attorney’s fees and costs incurred in this lawsuit.
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`X.
`PRAYER
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`WHEREFORE, PREMISES CONSIDERED, Plaintiff
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`respectfully prays
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`that
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`Defendantto be cited to appear and answer, and that on final hearing of this cause Plaintiff have
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`the followingrelief:
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`a.
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`Judgment
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`against Defendant,
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`for
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`actual
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`damages
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`sustained
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`by
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`Plaintiff as alleged herein;
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`b.
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`Judgment against Defendant, for backpay lost by Plaintiff as alleged
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`C.
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`d.
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`e.
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`f.
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`g.
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`h.
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`i.
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`j.
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`herein;
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`Order Plaintiff reinstated to Plaintiffs rightful place in Defendant’s
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`workforce and award Plaintiff the proper fringe benefits and seniority;
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`Judgment against Defendant, for front pay by Plaintiff as alleged herein;
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`Grant Plaintiff general damages for the damageto Plaintiff’ s reputation;
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`Pre- and post-judgmentat the highest legal interest rate;
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`Punitive damages;
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`Compensatory damages for mental pain and mental anguish;
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`All costs of court expended herein; and
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`Such other and further relief, at law or in equity, general or special to
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`which Plaintiff may show Plaintiff justly entitled.
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`Case 4:22-cv-00498 Document 1-2 Filed on 02/15/22 in TXSD Page 7 of 8
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`Respectfully Submitted,
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`
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`Alfonso Kennard,Jr.
`Texas Bar No. 24036888
`Attorney-In-Charge
`Email: Alfonso.Kennard@kennardlaw.com
`5120 Woodway Dr., Suite 10010
`Houston, Texas 77056
`(713) 742-0900
`(832) 558-9412
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`ATTORNEY FOR PLAINTIFF
`LAJAMETKA MIMS
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`Case 4:22-cv-00498 Document 1-2 Filed on 02/15/22 in TXSD_ Page 8 of 8
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`Automated Certificate of eService
`This automated certificate of service was created bythe efiling system.
`The filer served this document via email generated by the efiling system
`on the date and to the persons listed below. The rules governing
`certificates of service have not changed. Filers muststill provide a
`certificate of service that complies with all applicable rules.
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`Kristina Blanco on behalf of Alfonso Kennard
`Bar No. 24036888
`kristina.blanco@kennardlaw.com
`Envelope ID: 60814611
`Status as of 1/14/2022 8:06 AM CST
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`Associated Case Party: LaJamieka Mims
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`1/13/2022 5:52:11 PM|SENT Kristina Blanco po kristina.blanco@kennardlaw.com—|1/13/2022 5:52:11 PM|SENT
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`
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`Alfonso Kennard Alfonso.kennard@kennardlaw.com|1/13/2022 5:52:11 PM|SENT
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`Alfonso Kennard
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`filings@kennardlaw.com
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