Case 2:11-cv-02379-NVW Document 1 Filed 12/02/11 Page 1 of 5

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LAW OFFICES OF STEPHEN F. BANTA, P.L.L.C. 3497 E. Crescent Way Gilbert, Arizona 85298 480-707-2835 sbanta@sbantalaw.com Stephen F. Banta (020360) Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

: Case No.: : Plaintiff, : COMPLAINT : vs. : : JURY TRIAL DEMAND : TEXAS ROADHOUSE MANAGEMENT : : CORP. : : Defendant. : NAOMI FLETCHER,
Complaint and Jury Trial Demand

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Plaintiff Naomi Fletcher complains against Defendant Texas Roadhouse Management Corp. (hereinafter, Defendant) as follows: Nature of the Action 1. This is an action brought pursuant to the Age Discrimination in Employment Act (the ADEA), 29 U.S.C. 621, et seq. for age discrimination.

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Parties 2. Fletcher, age 48, is an individual residing in Arizona. 3. At all relevant times, Fletcher was an employee of Defendant.

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4. At all relevant times, Defendant Texas Roadhouse Management Corp. has continously been a corporation doing business in the State of Arizona and has continuously had at least 15 employees. 5. At all times relevant to the allegations in the Complaint, Defendant operated a restaurant facility in Mesa, Arizona located at 1605 S. Stapley Drive, Mesa, Arizona, 85204. 6. Defendant is principally engaged in the business of operating restaurants. Jurisdiction and Venue

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7. This Court has jurisdiction over ther matter pursuant to 28 U.S.C. 1331 as the matter involves a federal question based upon the ADEA. 8. The District of Arizona is the proper venue for ther action pursuant to 28 U.S.C. 1391 (b)(1) and (b)(2) because this is the District and Division in which Fletcher resides and in which a substantial part of the events or omissions giving rise to the claims occurred. Procedural Prerequisites 9. On April 16, 2009, Fletcher filed a charge of discrimination against Defendant with the Equal Employment Opportunity Commission (EEOC). 10. More than sixty days have elapsed since Fletcher filed her charge with the EEOC.

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11. Fletcher received a right to sue letter dated September 8, 2011 and fewer than ninety days have elapsed since Fletcher received the same.

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Factual Background 12. Fletcher was born in 1963 and was 46 years old at the time he filed her charge of discrimination. 13. Fletcher began working for Defendant in April 7, 2007 as a server and was asked by

Defendant during the summer of 2008 to work as a bartender as well.

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14. Throughout her employment at Defendant, Fletcher met and/or exceeded Defendants expectations. 15. On or about March 13, 2009, Defendant notified Fletcher that her employment was terminated. 16. Defendant claimed it terminated Fletchers employment because she failed to comply with Defendants polices regarding the preparing and service of alcoholic drinks and that Fletcher received numerous verbal and written warnings prior to the termination of her employment. 17. In fact, Fletcher did not receive any written or verbal warnings regarding her alleged

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failure to comply with Defendants polices regarding the preparing and service of alcoholic drinks.

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18. In addition, numerous other, younger bartenders employed by Defendant engaged in activities that were in fact failures to comply with Defendants polices regarding the preparing and service of alcoholic drinks and their employment was not terminated. 19. During the term of Fletchers employment, and near the time her employment was terminated by Defendant, Michele Santos, a manager for Defendant, told Fletcher that Fletcher was just too old.

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20. After Fletchers employment was terminated by Defendant, Fletcher exchanged phone calls and text messages with Cori Hernandez, another employee of Defendant who acted as a bartender and office administrator, and who was married to Defendants Kitchen Manager. 21. Hernandez told Fletcher that there is more to itthey (restaurant management) have been discussing your age. 22. After Defendant terminated Fletcher, it reassigned her job functions and responsibilities as

a bartender to another, and substantially younger employee.

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COUNT I: AGE DISCRIMINATION 23. Fletcher realleges and incorporates paragraphs 1-22. 24. Fletchers age was a determining factor in Defendants decision to terminate Fletcher. 25. Defendants stated reasons for terminating the employment of Fletcher were pretextual. 26. Defendant knowingly and willfully discriminated against Fletcher on the basis of her age in violation of the ADEA. WHEREFORE, Fletcher respectfully requests the following relief: Entry of judgment in favor of Fletcher and against Defendant; 1. 2. Back pay; Reinstatement, or in the alternative, front pay; Liquidated damages pursuant to 29 U.S.C. 626(b); Attorneys fees and costs; and Other such relief as may be appropriate to effectuate the purposes of the ADEA.

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3. 4. 5.

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DATED this 2nd day of December, 2011 Law Offices of Stephen F. Banta, P.L.L.C.

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/s/ Stephen F. Banta (020360) Stephen F. Banta Attorney for Naomi Fletcher