Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Kevin Hanlin v. Cavalry Portfolio Services and Patrick Lopez
Date: 05-15-2015
Case Number: CJ-2014-4234
Judge: Rebecca B. Nightingale
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney: Joe Norwood
Defendant's Attorney:
Description:
Tulsa, OK - Kevin Hanlin sued Cavalry Portfolio Services and Patrick Lopez on employment law theories claiming:
1. This is an action against Plaintiff's employer and fonner supervisor for retaliatory bonus deprivation and harassment due to Plaintiff engaging in protected investigation and reporting per Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act (FLSA), Title 40 O.S. § 199, breach of contract, intentional infliction of emotional distress and a Burke tort claim.
2. Plaintiff was a manager of a debt collection team for Defendant Caval,PorIlio
c
Services for approximately ten years at the time the harassment and retà tün lan.
The primary person who committed the retaliation and harassment wa& fltick E6pez,
.1,
.*n :t
Plaintiffs supervisor. :
3. The harassment by Patrick Lopez was sexual in nature and directe& tbward Plaintiff and other employees at Calvary. The harassment included crude comments about Plaintiff's private, sexual body parts and discussion of sex with and 4. Plaintiff Kevin Hanlin is a resident of Tulsa County, State of Oklahoma
5. Defendant Patrick Lopez is a resident of Tulsa County, State of Oklahoma.
6. Cavalry Portfolio Services is a corporation formed under the laws of the State of
Delaware.
7. Tulsa County District Court has jurisdiction over this lawsuit.
III. EXHAUSTION OF ADMINISTRATIVE REMEDIES
8. Plaintiff timely filed a charge with the Equal Employment Opportunity
Commission (EEOC) alleging retaliation by the Defendant Cavalry Portfolio Services
under Title VII of the Civil Rights Act of 1964, as amended.
9. Plaintiff has flilfilled all conditions precedent to the filing of this action, and this
action is timely filed.
IV. STATEMENT OF FACTS
10. Plaintiff was a leading producer for Defendant Cavalry's business of collecting
debt.
11. Plaintiff had a team that he managed that would achieve results that qualified
Plaintiff and his team for bonuses in most months.
12. In or around April of 2012 Plaintiff participated as a witness and a complainant in
two internal investigations by Defendant Cavalry involving Patrick Lopez.
13. One investigation was due to a wage claim by Cavalry employee Wes Spenser
and the other was a sexual harassment type claim made by Plaintiff toward his supervisor
Patrick Lopez.
14. When Mr. Lopez found out about Plaintiff's roll in these investigations he
confided in other managers at Calvary that were of the same management level as
toward female employees.
II. PARTIES AND JURISDICTION
Plaintiff that Mr. Lopez was going to retaliate against Plaintiff by raising Plaintiffs hopes of employment and pay advancement and then take Plaintiffs productive team away from him therefore depriving Plaintiff of bonuses and making Plaintiff's employment at Cavalry unbearable.
15. Plaintiff did not become aware of Mr. Lopez's plan of retaliation until one of the managers that Lopez made these retaliatory statements to came forward in approximately June of 2013.
16. Around October and November of 20 t 2 Plaintiff had his debt collection team taken from him and the employees were assigned to other managers. Plaintiff was then given a new team comprised of new employees that needed significant training and employees with a track record of lesser productivity. These changes were at the direction of supervisor Lopez. Plaintiff complained of the team change to no avail.
17. As a result of the Defendants' actions alleged herein, Plaintiff has sustained substantial lost monies. Plaintiff has also experienced significant mental anguish, emotional distress, humiliation, and loss of enjoyment of life as a result of the Defendant's conduct.
Docket
Date Code Description Count Party Amount
11-05-2014 TEXT
Civil relief more than $10,000 Initial Filing.
1
11-05-2014 PROD
PRODUCT LIABILITY
11-05-2014 DMFE
DISPUTE MEDIATION FEE
$ 2.00
11-05-2014 PFE1
PETITION
Document Available (#1027773020)
$ 163.00
11-05-2014 PFE7
LAW LIBRARY FEE
$ 6.00
11-05-2014 OCISR
Oklahoma Court Information System Revolving Fund
$ 25.00
11-05-2014 CCADMIN02
Court Clerk Administrative Fee on $2 Collections
$ 0.20
11-05-2014 OCJC
Oklahoma Council on Judicial Complaints Revolving Fund
$ 2.00
11-05-2014 OCASA
Oklahoma Court Appointed Special Advocates
$ 5.00
11-05-2014 CCADMIN04
Court Clerk Administrative Fee on Collections
$ 0.50
11-05-2014 LTF
Lengthy Trial Fund
$ 10.00
11-05-2014 SMF
Summons Fee (Clerks Fee)
$ 5.00
11-05-2014 SMIMA
Summons Issued - Mailed by Attorney
11-05-2014 TEXT
OCIS has automatically assigned Judge Nightingale, Rebecca B. to this case.
11-05-2014 ACCOUNT
Receipt # 2014-2966270 on 11/05/2014.
Payor:NORWOOD LAW Total Amount Paid: $218.70.
Line Items:
CJ-2014-4234: $168.00 on AC01 Clerk Fees.
CJ-2014-4234: $6.00 on AC23 Law Library Fee.
CJ-2014-4234: $0.70 on AC31 Court Clerk Revolving Fund.
CJ-2014-4234: $5.00 on AC58 Oklahoma Court Appointed Special Advocates.
CJ-2014-4234: $2.00 on AC59 Oklahoma Council on Judicial Complaints Revolving Fund.
CJ-2014-4234: $2.00 on AC64 Dispute Mediation Fees.
CJ-2014-4234: $25.00 on AC79 OCIS Revolving Fund.
CJ-2014-4234: $10.00 on AC81 Lengthy Trial Fund.
05-15-2015 DWP
PLAINTIFFS DISMISSAL WITH PREJUDICE (AS TO ALL DEFS)
Document Available (#1029613504)
LOPEZ, PATRICK
1. This is an action against Plaintiff's employer and fonner supervisor for retaliatory bonus deprivation and harassment due to Plaintiff engaging in protected investigation and reporting per Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act (FLSA), Title 40 O.S. § 199, breach of contract, intentional infliction of emotional distress and a Burke tort claim.
2. Plaintiff was a manager of a debt collection team for Defendant Caval,PorIlio
c
Services for approximately ten years at the time the harassment and retà tün lan.
The primary person who committed the retaliation and harassment wa& fltick E6pez,
.1,
.*n :t
Plaintiffs supervisor. :
3. The harassment by Patrick Lopez was sexual in nature and directe& tbward Plaintiff and other employees at Calvary. The harassment included crude comments about Plaintiff's private, sexual body parts and discussion of sex with and 4. Plaintiff Kevin Hanlin is a resident of Tulsa County, State of Oklahoma
5. Defendant Patrick Lopez is a resident of Tulsa County, State of Oklahoma.
6. Cavalry Portfolio Services is a corporation formed under the laws of the State of
Delaware.
7. Tulsa County District Court has jurisdiction over this lawsuit.
III. EXHAUSTION OF ADMINISTRATIVE REMEDIES
8. Plaintiff timely filed a charge with the Equal Employment Opportunity
Commission (EEOC) alleging retaliation by the Defendant Cavalry Portfolio Services
under Title VII of the Civil Rights Act of 1964, as amended.
9. Plaintiff has flilfilled all conditions precedent to the filing of this action, and this
action is timely filed.
IV. STATEMENT OF FACTS
10. Plaintiff was a leading producer for Defendant Cavalry's business of collecting
debt.
11. Plaintiff had a team that he managed that would achieve results that qualified
Plaintiff and his team for bonuses in most months.
12. In or around April of 2012 Plaintiff participated as a witness and a complainant in
two internal investigations by Defendant Cavalry involving Patrick Lopez.
13. One investigation was due to a wage claim by Cavalry employee Wes Spenser
and the other was a sexual harassment type claim made by Plaintiff toward his supervisor
Patrick Lopez.
14. When Mr. Lopez found out about Plaintiff's roll in these investigations he
confided in other managers at Calvary that were of the same management level as
toward female employees.
II. PARTIES AND JURISDICTION
Plaintiff that Mr. Lopez was going to retaliate against Plaintiff by raising Plaintiffs hopes of employment and pay advancement and then take Plaintiffs productive team away from him therefore depriving Plaintiff of bonuses and making Plaintiff's employment at Cavalry unbearable.
15. Plaintiff did not become aware of Mr. Lopez's plan of retaliation until one of the managers that Lopez made these retaliatory statements to came forward in approximately June of 2013.
16. Around October and November of 20 t 2 Plaintiff had his debt collection team taken from him and the employees were assigned to other managers. Plaintiff was then given a new team comprised of new employees that needed significant training and employees with a track record of lesser productivity. These changes were at the direction of supervisor Lopez. Plaintiff complained of the team change to no avail.
17. As a result of the Defendants' actions alleged herein, Plaintiff has sustained substantial lost monies. Plaintiff has also experienced significant mental anguish, emotional distress, humiliation, and loss of enjoyment of life as a result of the Defendant's conduct.
Docket
Date Code Description Count Party Amount
11-05-2014 TEXT
Civil relief more than $10,000 Initial Filing.
1
11-05-2014 PROD
PRODUCT LIABILITY
11-05-2014 DMFE
DISPUTE MEDIATION FEE
$ 2.00
11-05-2014 PFE1
PETITION
Document Available (#1027773020)
$ 163.00
11-05-2014 PFE7
LAW LIBRARY FEE
$ 6.00
11-05-2014 OCISR
Oklahoma Court Information System Revolving Fund
$ 25.00
11-05-2014 CCADMIN02
Court Clerk Administrative Fee on $2 Collections
$ 0.20
11-05-2014 OCJC
Oklahoma Council on Judicial Complaints Revolving Fund
$ 2.00
11-05-2014 OCASA
Oklahoma Court Appointed Special Advocates
$ 5.00
11-05-2014 CCADMIN04
Court Clerk Administrative Fee on Collections
$ 0.50
11-05-2014 LTF
Lengthy Trial Fund
$ 10.00
11-05-2014 SMF
Summons Fee (Clerks Fee)
$ 5.00
11-05-2014 SMIMA
Summons Issued - Mailed by Attorney
11-05-2014 TEXT
OCIS has automatically assigned Judge Nightingale, Rebecca B. to this case.
11-05-2014 ACCOUNT
Receipt # 2014-2966270 on 11/05/2014.
Payor:NORWOOD LAW Total Amount Paid: $218.70.
Line Items:
CJ-2014-4234: $168.00 on AC01 Clerk Fees.
CJ-2014-4234: $6.00 on AC23 Law Library Fee.
CJ-2014-4234: $0.70 on AC31 Court Clerk Revolving Fund.
CJ-2014-4234: $5.00 on AC58 Oklahoma Court Appointed Special Advocates.
CJ-2014-4234: $2.00 on AC59 Oklahoma Council on Judicial Complaints Revolving Fund.
CJ-2014-4234: $2.00 on AC64 Dispute Mediation Fees.
CJ-2014-4234: $25.00 on AC79 OCIS Revolving Fund.
CJ-2014-4234: $10.00 on AC81 Lengthy Trial Fund.
05-15-2015 DWP
PLAINTIFFS DISMISSAL WITH PREJUDICE (AS TO ALL DEFS)
Document Available (#1029613504)
LOPEZ, PATRICK
Outcome:
05-15-2015 DISPCVDMWP
DISMISSAL WITH PREJUDICE
1 CAVALRY PORTFOLIO SERVICES
05-15-2015 DISPCVDMWP
DISMISSAL WITH PREJUDICE
1 LOPEZ, PATRICK
DISMISSAL WITH PREJUDICE
1 CAVALRY PORTFOLIO SERVICES
05-15-2015 DISPCVDMWP
DISMISSAL WITH PREJUDICE
1 LOPEZ, PATRICK
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Kevin Hanlin v. Cavalry Portfolio Services and Patrick Lopez?
The outcome was: 05-15-2015 DISPCVDMWP DISMISSAL WITH PREJUDICE 1 CAVALRY PORTFOLIO SERVICES 05-15-2015 DISPCVDMWP DISMISSAL WITH PREJUDICE 1 LOPEZ, PATRICK
Which court heard Kevin Hanlin v. Cavalry Portfolio Services and Patrick Lopez?
This case was heard in District Court, Tulsa County, Oklahoma, OK. The presiding judge was Rebecca B. Nightingale.
Who were the attorneys in Kevin Hanlin v. Cavalry Portfolio Services and Patrick Lopez?
Plaintiff's attorney: Joe Norwood.
When was Kevin Hanlin v. Cavalry Portfolio Services and Patrick Lopez decided?
This case was decided on May 15, 2015.