Case 4:09-cv-04088 Document 140

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION CORINA T. ALLEN, Plaintiff, v. RADIO ONE OF TEXAS II, LLC, Defendant. § § § § § § § § § § §

CIVIL ACTION NO. H-09-4088

FINAL JUDGMENT On the 17th day of May, 2011, this case came on for a threedays jury trial and, after the parties had presented and closed their evidence, the Court had instructed the Jury on the law, and counsel had made their closing arguments, the Jury retired to deliberate; and on the 19th day of May, 2011, the Jury returned a Verdict in favor of Plaintiff Corina T. Allen on all controlling questions regarding Plaintiff’s Title VII retaliation claim on trial; and the Court, having subsequently received and considered additional evidence and arguments of the parties on June 7, 2011, regarding the equitable relief sought by the parties, rendered on June 9, 2011 its Order on Equitable Relief and Other Post-Trial Issues.

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Now,

therefore,

for

the

reasons

stated

in

the

Court’s

Memorandum and Order on Motions for Summary Judgment signed April 20, 2011, and in the Order on Equitable Relief and Other Post-Trial Issues separately signed this day, and based upon the Verdict of the Jury returned on May 19, 2011, it is ORDERED and ADJUDGED that Plaintiff Corina T. Allen shall have and recover of and from Defendant Radio One of Texas II, LLC, the sum of SIX HUNDRED FORTY THOUSAND TWO HUNDRED SEVENTY AND 04/100 DOLLARS ($640,270.04), together with interest on all unpaid

portions thereof from the date of this Judgment until paid at the rate of 0.18% per annum, compounded annually; and it is further ORDERED and ADJUDGED that Defendant Radio One of Texas II, LLC, including its subsidiaries, parents (which includes Radio One, Inc.), and affiliates, and their officers, agents, servants,

employees, and attorneys (the “Enjoined Parties”), are PERMANENTLY RESTRAINED and ENJOINED from refusing to accept radio advertising tendered by Corina T. Allen or on behalf of a client by Corina T. Allen and/or any business entity in which she serves as an owner, member, shareholder, partner, or in a similar capacity, including but not limited to Radio Results Specialists, LLC, on the same commercial terms and conditions and subject to the same policies applicable to other outside agencies and/or agents who tender radio advertising to Radio One of Texas II, LLC and/or any of its subsidiaries, parents, or affiliates. “[T]o accept advertising

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tendered individually by Corina T. Allen . . . on the same commercial terms and conditions and subject to the same policies applicable to other outside agencies and/or agents,” as that language is used in this Injunction, also means that the Enjoined Parties shall accord to Corina T. Allen the same favorable

treatment that the Enjoined Parties provide to other outside agencies and/or agents, which includes but is not limited to regularly accepting and returning telephone calls; responding to all other forms of communication (including voicemails, telephone messages, and emails); responding to Requests for Proposals;

participating in meetings; advising of Defendant’s capabilities available to advertisers; negotiating in good faith; providing prices on the same gross basis for all products for which prices are quoted on a gross basis to other advertisers, agencies and/or agents; providing the standard agency discount that is provided to other agencies and/or agents; providing accurate information on rate card and/or sell-out status; and otherwise adhering to the usual good business practices regularly employed by Radio One of Texas II, LLC to attract and to obtain radio advertising business from other agency/agent relationships. It is further

ORDERED and ADJUDGED that Plaintiff Corina T. Allen, after Radio One terminated her employment on December 6, 2007, breached her September 23, 2006-September 22, 2007 employment contract with Radio One of Texas II, LLC, and for the reasons stated in the Order

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on Equitable Relief separately signed this day, Radio One shall TAKE NOTHING from Plaintiff in damages or equitable relief. All other and further relief sought by any party and not expressly granted herein is expressly DENIED. Because permanent injunctive relief is granted herein, the Court will maintain continuing jurisdiction over this action. This is a FINAL JUDGMENT. The Clerk will enter this Order, providing a correct copy to all parties of record. SIGNED at Houston, Texas, on this 9th day of June, 2011.

____________________________________ EWING WERLEIN, JR. UNITED STATES DISTRICT JUDGE

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