Robinson v Shell Oil Company Reply Joint Appendix

    No. 95-1376

In The

Supreme Court of tfte Umteb States?
October Term, 1995

Charles T. Robinson, Sr.,
Petitioner,

v.

Shell Oil Company,
Respondent.

On Writ of Certiorari to the 
United States Court of Appeals for the Fourth Circuit

JOINT APPENDIX

Allen M. Lenchek 
(Counsel of Record)

401 E. Jefferson Street 
Suite 208
Rockville, MD 20850-2616 
(301) 217-5838

Eric Schnapper 
University of Washington 

School of Law 
1100 NE Campus Parkway 
Seattle, WA 98105-6617 
(206) 616-3167

Elaine R. J ones 
Director-Counsel

Theodore M. Shaw 
Norman J. Chachkin 
Charles Stephen Ralston 
NAACP Legal Defense and 

Educational Fund, Inc.
99 Hudson Street 
Suite 1600
New York, NY 10013 
(212) 219-1900

Attorneys for Petitioner

Petition for Certiorari Filed February 26, 1996 
Certiorari Granted April 22, 1996

L. Chris Butler 
0Counsel of Record)

P.O. Box 2463 
4760 One Shell Plaza 
Houston, TX 77252 
(713) 241-3027

Attorney for Respondent

PRESS OF BYRON S. ADAMS, WASHINGTON, D.C. 1-800-347-8208



Ta bl e  o f  C o n t e n t s

Item:

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3.

4.

5.

6.

Page:

Chronological list of Relevant Docket Entries . 2a

United States District Court for the
District of Maryland ............................................. 2a

United States Court of Appeals for the
Fourth C ircuit........................................................ 2a

Complaint For Retaliation .....................................5a

Location of Additional Record Excerpts 
Not Included in the Joint Appendix

Opinion of the United States Court of Appeals for 
the Fourth Circuit (in banc), November 29, 1995, 
reprinted in the Appendix to the Petition for a Writ 
of Certiorari at pages A-l to A-29.

Opinion of the United States Court of Appeals for 
the Fourth Circuit (panel), January 13, 1995, 
reprinted in the Appendix to the Petition for a Writ 
of Certiorari at pages A-30 to A-61.

Memorandum of the United States District Court for 
the District of Maryland, April 8, 1993, reprinted in 
the Appendix to the Petition for a Writ of Certiorari 
at pages A-62 to A-63.

Order of the United States Court of Appeals for the 
Fourth Circuit (granting petition for rehearing and 
suggestion for rehearing in banc) entered March 1, 
1995, reprinted in the Appendix to the Petition for a 
Writ of Certiorari at pages A-64 to A-63.



2a

RELEVANT DOCKET ENTRIES

United States District Court for the District of Maryland

1/8/93 COMPLAINT FILED

1/25/93 MOTION by Charles T. Robinson, Sr. for 
appointment of counsel.

3/24/93 MOTION with memorandum in support by 
Shell Oil Company to Dismiss for Failure to 
State a Claim

4/8/93 MEMORANDUM (signed by Judge J. F. 
Motz)

4/8/93 ORDER granting motion of Defendant to 
Dismiss for Failure to State a Claim; and 
DISMISSING this Action.

5/7/93 NOTICE OF APPEAL by Charles T. 
Robinson, Sr.

United States Court of Appeals for the Fourth Circuit

5/11/93 Civil case docketed.

12/14/93 Motion filed by Appellant Charles T.
Robinson to proceed on appeal in forma 
pauperis

1/6/94 COURT ORDER filed denying motion to
proceed on appeal ifp.

2/3/94 Appearance form filed by Allen Martin
Lenchek for Appellant Charles T. Robinson.



3a

4/7/94

4/25/94

5/11/94

5/11/94

5/19/94

7/7/94

8/19/94

8/29/94

9/28/94

1/18/95

1/18/95

1/31/95

3/195

Brief and joint appendix filed by Appellant 
Charles T. Robinson.

Motion filed by Amicus Curiae EEOC to file 
brief in its present form.

CLERK ORDER FILED granting motion to 
file brief as is.

Amicus curiae brief filed by Amicus Curiae 
EEOC.

Brief filed by Appellee Shell Oil Company.

Supplemental authorities (FRAP 280)) filed 
by Appellant Charles T. Robinson.

Motion filed by Amicus Curiae EEOC to 
participate in oral argument.

COURT ORDER filed granting motion by 
EEOC to participate in oral argument on 
time ceded by appellant.

Oral argument heard.

Published, authored opinion filed.

Judgment order filed.

Petition filed by Appellee Shell Oil Company 
for rehearing and suggestion for rehearing in 
banc.

COURT ORDER filed granting motion for 
rehearing, granting motion for suggestion for 
rehearing in banc.



4a

3/1/95 Case reopened.

4/6/95 COURT ORDER filed amending order 
granting motion for rehearing, motion for 
suggestion for reh in banc.

9/5/95 Motion filed by Amicus Curiae EEOC to 
participate in oral argument.

9/6/95 COURT ORDER filed granting motion to 
participate in oral argument.

9/26/95 Oral argument heard.

11/29/95 Published, authored opinion filed.

11/29/95 Judgment order filed. Decision: Affirmed, 
with 2 dissents.

2/6/96 Federal Reporter Citation: 70 F.3d 325.

2/8/96 Mandate issued.



5a

[Pro Se Complaint filed January 8, 1993, United States
District Court for the District of Maryland]

[Caption Omitted]

COMPLAINT FOR RETALIATION

NOW COMES, Plaintiff, brings the complaint for racial 
discrimination and wrongful retaliation and avers the 
following:

JURISDICTION

1. This action for damages based on racial 
discrimination and wrongful retaliation committed by the 
defendants, and jurisdiction of this court is invoked pursuant 
to the provisions of Title VII of the Civil Rights Act of 1964, 
USCS, Section 2000 E, et al..

2. That jurisdiction of this court is further invoked 
under Title 28 United States Code, Section 1331, in that the 
amount of controversy exceeds the amount of $100,000.00, 
inclusive of interest and cost, arise under the Constitution 
and laws of the United States.

3. That Plaintiff is a black male of African descent 
and color, a citizen of the United States, and a resident of 
Maryland, with his post office address at 8650 Hayshed 
Lane, Columbia Maryland, 21045.

4. That the defendant Shell Oil Company, a Delaware 
Corporation, with main offices in Houston, Tx. and a 
subsidiary of Royal Dutch Shell Trading company of the 
Netherlands, authorized and registered to do business within 
the State of Maryland.

5. Defendant Ross Fava, at all times alleged in this 
complaint, was and is currently, an employee or defendant 
Shell Oil Company. Moreover, defendant Fava, at all times 
alleged in this complaint, was acting within the scope of his 
employment and on behalf of defendant Shell Oil Company.



6a

STATEMENT OF FACTS

6. That at all times hereinafter Plaintiff is, and has 
been for eleven (11) years and seven (7) months an 
employee of defendant Shell Oil Company.

7. That Plaintiff was a hardworking, loyal, honest, 
knowledgeable employee of defendant Shell Oil Company, 
with many company awards, recognitions, laurel citations to 
his credits.

8. That on October 7, 1991, Plaintiff filed a charge 
with the Equal Employment Opportunity Commission 
(EEOC) against defendant Shell Oil Company, for racial 
discrimination, charge #12092-0029.

9. That since October 7, 1991, without grounds or 
justification, defendant Shell Oil Company has been 
providing false information and negative job references to 
perspective employers.

10. That on March 10, 1992, Plaintiff file charge, 
charge #12092-0769, for retaliation against in violating 
section 704 (A) of Title VII of the Civil Rights Act of 1964.

11. That Plaintiff having complied with all the 
prerequisites, was issued a Notice of Right to Sue, as 
pursuant to Title VII of the Civil rights Act of 1964.

WHEREFORE, the Plaintiff request:
1. That this court grant the Plaintiff a judgement 

against defendant Shell Oil Company in the sum of 
$25,000,000.00 as damages in this case together with such 
other reliefs as the Court deems appropriate.

2. That this Court grant the Plaintiff a judgment 
against defendant Ross Fava in the sum of $5,000,000.00 as 
damages in this case together with such other reliefs as the 
court deems appropriate.

3. That the defendant should be permanently



7a

enjoined from engaging in similar unlawful practices.

4. That this Court award Plaintiff reasonable attorney 
fees and Court cost and any other costs deemed appropriate 
by this Honorable Court.

RESPECTFULLY SUBMITTED

______/§/_________
Charles T. Robinson, Sr.