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E.E.O.C. v. SIMBAKI, LTD.

No. 13-20387.

767 F.3d 475 (2014)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff v. SIMBAKI, LIMITED, doing business as Berryhill Baja Grill Cantina; Phillip J. Wattel; Simbaki-I, Incorporated, doing business as Berryhill Baja Grill Cantina; Berryhill Hot Tamales Corporation, doing business as Berryhill Baja Grill Cantina, also known as Corporate Berryhill, Defendants-Appellees v. Laura Baatz; Kimberly Kulig, Intervenor-Plaintiffs-Appellants.

United States Court of Appeals, Fifth Circuit.

As Revised September 18, 2014.

Attorney(s) appearing for the Case

Curtis Dean Herms, Jr. , Allen, Vahrenwald & Johnson, L.L.C., Fort Collins, CO, Pam Rea , Stanley, Frank & Rose, L.L.P., Jill Danielle Schein , Ramey, Chandler, Quinn & Zito, P.C., Matthew Thomas Deffebach , Polly Benton Graham, Esq. , Yasser A. Madriz , Meghaan Cecilia McElroy , Haynes & Boone, L.L.P., Houston, TX, for Defendants-Appellees.

John Bruce Shely, Esq. , Mary Katherine Strahan, Esq. , Andrews Kurth, L.L.P., Houston, TX, for Intervenor-Plaintiffs-Appellants.

Before HIGGINBOTHAM, CLEMENT, and HIGGINSON, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

Kimberly Kulig and Laura Baatz appeal the district court's dismissal of their Title VII lawsuit against Berryhill Hot Tamales Corporation for failure to exhaust administrative remedies. The district court based its exhaustion holding on a determination that only pro se parties may invoke the judicially-recognized exceptions to Title VII's named-party requirement. Because we determine that parties represented by counsel may too invoke...

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