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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF

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					           Case 5:09-cv-00792-OLG Document 22             Filed 06/14/10 Page 1 of 4



                        IN THE UNITED STATES DISTRICT COURT
                         FOR THE WESTERN DISTRICT OF TEXAS
                                SAN ANTONIO DIVISION

EQUAL EMPLOYMENT OPPORTUNITY                         §
 COMMISSION,                                         §
                                                     §
                        Plaintiff,                   §
                                                     §
and                                                  §
                                                     §
CONNIE BESEDA,                                       §
                                                     § Civil Action No. SA-09-CA-0792-OG
                        Plaintiff-Intervenor         §
                                                     §
v.                                                   §
                                                     §
ZACHRY INDUSTRIAL, INC. F/K/A                        §
 ZACHRY CONTSRUCTION CORP.,                          §
                                                     §
                        Defendant.                   §

       PLAINTIFF EEOC’s ALTERNATIVE DISPUTE RESOLUTION REPORT


       U.S. Equal Employment Opportunity Commission (“EEOC”), Plaintiff in the above-

entitled and numbered cause, files this Alternative Dispute Resolution Report in compliance with

Local Rule CV-88(b) and the Joint Proposed Scheduling Order filed with the Court on February

5, 2010.

                   I.       STATUS OF SETTLEMENT NEGOTIATIONS

       Prior to the filing of this lawsuit, the parties unsuccessfully attempted to conciliate the

charge underlying this action. In accordance with the Joint Proposed Scheduling Order, Plaintiff

EEOC submitted an offer of settlement to Zachry Industrial Inc. f/k/a Zachry Construction Corp.

(“Zachry”) on March 26, 2010. Defendant Zachry submitted its response to the EEOC’s offer on

March 30, 2010. The EEOC and Defendant Zachry have not yet been able to satisfactorily

resolve this case. The EEOC will continue to engage in good-faith efforts to resolve this suit.
           Case 5:09-cv-00792-OLG Document 22             Filed 06/14/10 Page 2 of 4



                     II.     IDENITIFY OF PERSONS RESPONSIBLE
                               FOR SETTLEMENT NEGOTIATIONS

       The Regional Attorney, Robert A. Canino, has been delegated full authority by the

EEOC’s Office of General Counsel to negotiate a settlement in this case. The EEOC’s Senior

Trial Attorney, David Rivela, is responsible for the day-to-day negotiations and has been

delegated settlement authority by the Regional Attorney for the purposes of mediation or court-

ordered settlement conferences.

      III.    APPROPRIATENESS OF ALTERNATIVE DISPUTE RESOLUTION

        The EEOC is agreeable to participating in alternative dispute resolution in the form of

non-binding mediation. Selection of a mediator and a date for mediation should be by agreement

of the parties and the mediator’s fees should be equally split between the parties. The EEOC is

agreeable to mediation before Joseph Casseb, 2122 North Main Avenue, P.O. Box 120480, San

Antonio, Texas 78212, (210) 733-6030.

                           IV.    CERTIFICATION OF COUNSEL

       The undersigned counsel certifies that he has informed his client of the alternative dispute

resolution procedures available in this district so that an informed decision regarding same can

be made.

                                                     Respectfully submitted,

                                                     P. DAVID LOPEZ
                                                     General Counsel

                                                     JAMES L. LEE
                                                     Deputy General Counsel


                                                     GWENDOLYN YOUNG REAMS
                                                     Associate General Counsel

                                                     ROBERT A. CANINO



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Case 5:09-cv-00792-OLG Document 22   Filed 06/14/10 Page 3 of 4



                                 Regional Attorney
                                 Oklahoma Bar No. 011782

                                 JUDITH G. TAYLOR
                                 Supervisory Trial Attorney
                                 Texas State Bar No. 19708300
                                 E-mail: Judith.Taylor@eeoc.gov



                                 /s/ David Rivela
                                 _______________________________
                                 DAVID RIVELA
                                 Senior Trial Attorney
                                 Texas State Bar No. 00797324

                                 EQUAL EMPLOYMENT OPPORTUNITY
                                  COMMISSION
                                 5410 Fredericksburg Rd. Suite 200
                                 San Antonio, Texas. 78229
                                 Telephone: (210)281-7619
                                 Facsimile: (210)281-7669
                                 E-mail: David.Rivela@eeoc.gov

                                 ATTORNEYS FOR PLAINTIFF




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        Case 5:09-cv-00792-OLG Document 22         Filed 06/14/10 Page 4 of 4



                            CERTIFICATE OF SERVICE

       I hereby certify that a true and correct copy of the foregoing document has been
delivered, as designated below, on this the 14th day of June 2010.

Donna K. McElroy                          Hand Delivery
Michael T. Lennane                        Facsimile Transmission at (210) 226-8395
COX SMITH MATTHEWS INCORPORATED           Certified Mail, Return Receipt Requested
112 East Pecan, Street, Suite 1800        U.S. First Class Mail, Postage Prepaid
San Antonio, Texas 78205                  Federal Express
                                          CM/ECF Electronic Filing

Mark Anthony Acuña                        Hand Delivery
DAVIS LAW FIRM                            Facsimile Transmission at (210) 785-0806
5710 IH 10 West                           Certified Mail, Return Receipt Requested
San Antonio, Texas 78201                  U.S. First Class Mail, Postage Prepaid
                                          Federal Express
                                          CM/ECF Electronic Filing


                                        /s/ David Rivela
                                        ___________________________________
                                        DAVID RIVELA




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