Date: February 12th, 2020 2:45 PM
Author: Soggy exciting rehab prole
BakerHostetler Atty Accused Of Shaking Butt At Adversary
By Andrew Strickler
Law360 (February 12, 2020, 2:07 PM EST) -- A BakerHostetler partner representing Chevron in a discrimination case shook his "behind" at his opposing counsel and verbally abused him, the plaintiff's lawyer told a Texas federal court Tuesday.
In a motion for sanctions and disqualification, plaintiff Alclair White and her attorney Alfonso Kennard Jr. of Kennard Law PC said Chevron counsel Dennis Duffy had displayed "intolerable conduct" toward Kennard and should be removed by the court.
The behavior at an August mediation session included Duffy "shaking his behind" in front of Kennard and coarsely suggesting that Kennard's choice of hairstyle — a ponytail — meant he might want to have sex with Duffy.
"As a result of Mr. Duffy's abusive language, plaintiff's counsel questions his professionalism and does not want any more instances in the future," according to the motion.
Kennard "is not convinced that Mr. Duffy can restrain himself in future communications based on his vulgar language. Mr. Duffy's actions go beyond the pale of anything that should be tolerated anywhere — let alone in a legal proceeding."
According to a January 2019 complaint, White began working at the company some 40 years ago and was eventually promoted to materials coordinator. She alleges she was fired in 2016 because of her age, race and disability status, and in retaliation for her applications for family medical leave and numerous discrimination complaints she'd brought to managers.
Duffy, a labor and employment defense partner in the firm's Houston office, declined to comment Wednesday. Messages left for Kennard were not returned.
"While we are unable to comment on anything discussed in a confidential mediation, we strenuously deny the assertions made in Mr. Kennard's filing," BakerHostetler said in a statement.
The dispute was in mediation last summer and into the fall, according to court filings. Discovery is set to be completed next month in anticipation of a May trial.
The Tuesday filing asks the court to sanction Duffy $7,000 and to disqualify him for a "direct abuse of the judicial process[.]"
White is represented by Alfonso Kennard Jr. and Eddie Hodges Jr. of Kennard Law PC.
Chevron is represented by Dennis Duffy and Joseph R. Buller III of BakerHostetler.
The case is Alclair White v. Chevron Phillips Chemical Co. LP, case number 4:19-cv-00187, in the U.S. District Court for the Southern District of Texas.
--Editing by Orlando Lorenzo.
(http://www.autoadmit.com/thread.php?thread_id=4443997&forum_id=2#39584137)