Case: United States of America v. Elsa County, Texas

7:05-cv-00038 | U.S. District Court for the Southern District of Texas

Filed Date: Feb. 1, 2005

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On February 1, 2005, the U.S. Department of Justice ("D.O.J.") filed a lawsuit against the City of Elsa, Texas under Title VII in the U.S. District Court for the Southern District of Texas. The D.O.J. sought injunctive relief and compensatory damages, alleging that the defendant discriminated against female officers on the basis of sex and retaliated against these officers.The complaint specifically alleges that the defendant discriminated on the basis of sex by: (1) removing a female officer's…

On February 1, 2005, the U.S. Department of Justice ("D.O.J.") filed a lawsuit against the City of Elsa, Texas under Title VII in the U.S. District Court for the Southern District of Texas. The D.O.J. sought injunctive relief and compensatory damages, alleging that the defendant discriminated against female officers on the basis of sex and retaliated against these officers.

The complaint specifically alleges that the defendant discriminated on the basis of sex by: (1) removing a female officer's duties as Bailiff and Warrant Officer and assigning those duties to a male; and (2) failing or refusing to take appropriate action to remedy the effects of the discriminatory treatment of the female officer. The complaint further alleges that the defendant retaliated against the female officers by discharging female officers for opposing conduct that they reasonably and in good faith believed to be unlawful under Title VII and for filing a charge of discrimination with the EEOC under Title VII.

The individual employees, on whose behalf whom the D.O.J. filed suit, sought to intervene as plaintiffs. On December 15, 2005, the district court (Judge Randy Crane) approved a Consent Decree ordering that each intervener plaintiff be offered reinstatement to her previous position at the salary and level of seniority to which she would have been entitled had she remained in that position without interruption. The Consent Decree also required the city to offer remedial pension and/or Social Security benefits to plaintiffs for the period of time between their discharge and their reinstatement. Further, the defendant agreed to offer a total monetary award, inclusive of attorney's fees, backpay, and compensatory damages to each intervener plaintiff, and the court enjoined the defendant from providing negative employment references for the intervener plaintiffs.

Summary Authors

Hyun Jeong Yang (10/29/2007)

People


Judge(s)

Crane, Randy (Texas)

Attorneys(s) for Plaintiff

Fenton, William B. (District of Columbia)

Lopez, Louis (District of Columbia)

Palmer, David J. (District of Columbia)

Ruiz, Hector F. (District of Columbia)

Wyatt, Keith Edward (Texas)

Attorneys(s) for Defendant

Martinez, Francisco J (Texas)

Navarro, Ricardo J. (Texas)

Other Attorney(s)

Active

Judge(s)

Crane, Randy (Texas)

Attorneys(s) for Plaintiff

Fenton, William B. (District of Columbia)

Lopez, Louis (District of Columbia)

Palmer, David J. (District of Columbia)

Ruiz, Hector F. (District of Columbia)

Wyatt, Keith Edward (Texas)

Attorneys(s) for Defendant

Martinez, Francisco J (Texas)

Navarro, Ricardo J. (Texas)

Other Attorney(s)

Dietz, Stephen P. (Texas)

Documents in the Clearinghouse

Document

7:05-cv-00038

Docket [PACER]

United States of America v. City of Elsa, Texas

Dec. 21, 2005

Dec. 21, 2005

Docket
1

7:05-cv-00038

Complaint and Demand for Jury Trial

Feb. 1, 2005

Feb. 1, 2005

Complaint

7:05-cv-00038

Order

Dec. 15, 2005

Dec. 15, 2005

Order/Opinion

Resources

Docket

Last updated June 6, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against City of Elsa, Texas (Filing fee $ 150) filed by United States of America.(Lopez, Louis) Modified on 2/1/2005 (ckrus, ). (Entered: 02/01/2005)

Feb. 1, 2005

Feb. 1, 2005

2

MOTION for Louis Lopez to Appear Pro Hac Vice by United States Of America, filed. Motion Docket Date 2/22/2005. (Lopez, Louis) (Entered: 02/01/2005)

Feb. 1, 2005

Feb. 1, 2005

3

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons Initial Conference set for 4/6/2005 at 09:30 AM before Judge Randy Crane.() Parties notified.(bgarces, ) (Entered: 02/02/2005)

Feb. 2, 2005

Feb. 2, 2005

4

ORDER granting 2 MOTION for Louis Lopez to Appear Pro Hac Vice.( Signed by Judge Randy Crane ) Parties notified.(bgarces, ) (Entered: 02/09/2005)

Feb. 2, 2005

Feb. 2, 2005

5

CERTIFICATE OF INTERESTED PARTIES by United States Of America, filed.(Lopez, Louis) (Entered: 02/17/2005)

Feb. 17, 2005

Feb. 17, 2005

6

ANSWER to Complaint by City of Elsa, Texas, filed.(bgarces, ) (Entered: 03/24/2005)

March 23, 2005

March 23, 2005

8

CERTIFICATE OF INTERESTED PARTIES by City of Elsa, Texas, filed.(bgarces, ) (Entered: 03/28/2005)

March 24, 2005

March 24, 2005

7

JOINT DISCOVERY/CASE MANAGEMENT PLAN by all parties, filed.(Lopez, Louis) (Entered: 03/25/2005)

March 25, 2005

March 25, 2005

9

CERTIFICATE OF INTERESTED PARTIES by United States Of America, filed.(Lopez, Louis) (Entered: 04/01/2005)

April 1, 2005

April 1, 2005

10

SCHEDULING ORDER: Amended Pleadings due by 8/2/2005 Joinder of Parties due by 8/2/2005 Pltf Expert Witness List due by 10/7/2005 Deft Expert Witness List due by 10/28/2005 Discovery due by 11/11/2005 Dispositive Motion Filing due by 11/18/2005 Non-Dispositive Motion Filing due by 11/18/2005 Joint Pretrial Order due by 12/27/2005 Pretrial Conference set for 1/3/2006 at 09:30 AM before Judge Randy Crane Jury Selection set for 1/4/2006 at 09:30AM before Judge Randy Crane.( Signed by Judge Randy Crane ) Parties notified.(fgarcia, ) (Entered: 04/07/2005)

April 6, 2005

April 6, 2005

11

ORDER granting Motion to Appear Pro Hac Vice .( Signed by Judge Randy Crane ) Parties notified.(bgarces, ) (Entered: 04/11/2005)

April 6, 2005

April 6, 2005

Minute Entry for proceedings held before Judge Randy Crane. INITIAL PRETRIAL AND SCHEDULING CONFERENCE held on 4/6/2005. Motion for Leave to Appear Pro Hac Vice by Attorney Stephen Dietez - Granted in this case as participating counsel not as not as substituting counsel for Defendants Decanini, Estimbo and Reyes. The Court issues a scheduling order, for trial in January, a copy tendered to counsel. The Court addresses counsel. The Court directs counsel to file dispositive motions, sooner rather than later, if necessary. Appearances:Louis Lopez; Francisco J. Martinez/Stephen P. Dietz.(ERO:Richard Cortez [10:09-10:20]), filed.(lcervantes) (Entered: 04/11/2005)

April 6, 2005

April 6, 2005

12

Plea of Intervention against City of Elsa, Texas filed by Patricia Decanini, Maricela Estimbo, Alfrieda Reyes.(bgarces, ) (Entered: 08/03/2005)

Aug. 3, 2005

Aug. 3, 2005

13

ORDER striking 12 Intervenor Complaint.( Signed by Judge Randy Crane ) Parties notified.(fgarcia, ) (Entered: 08/05/2005)

Aug. 5, 2005

Aug. 5, 2005

14

NOTICE of Change of Address by Denton, Navarro, Rocha & Bernal, counsel for City of Elsa, Texas, filed. (Navarro, Ricardo) (Entered: 08/18/2005)

Aug. 18, 2005

Aug. 18, 2005

15

MOTION for Leave to File Plea of Intervention by Patricia Decanini, Maricela Estimbo, Alfrieda Reyes, filed. Motion Docket Date 9/26/2005. (Attachments: # 1 Proposed Order)(fgarcia, ) (Entered: 09/09/2005)

Sept. 6, 2005

Sept. 6, 2005

16

Agreed MOTION for Extension of Time Discovery by City of Elsa, Texas, filed. Motion Docket Date 10/12/2005. (Martinez, Francisco) (Entered: 09/22/2005)

Sept. 22, 2005

Sept. 22, 2005

17

First RESPONSE to 15 MOTION for Leave to File Plea of Intervention, 12 Intervenor Complaint, filed by City of Elsa, Texas. (Martinez, Francisco) (Entered: 09/22/2005)

Sept. 22, 2005

Sept. 22, 2005

18

DOCKETED IN ERROR AS VERIFIED BY MOVANT. MOVANT WILL REFILE DOCUMENT CORRECTLY. Joint Unopposed Motion for Entry and Approval of Consent Decree by City of Elsa, Texas, United States Of America, filed.(Lopez, Louis) Modified on 10/12/2005 (thanniable, ). (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

19

Joint Unopposed Motion for Entry and Approval of Consent Decree by City of Elsa, Texas, United States Of America, filed. (Attachments: # 1 Consent Decree# 2 Proposed Order)(Lopez, Louis) (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

20

CERTIFICATE OF SERVICE of 19 Document by United States Of America, filed.(Lopez, Louis) (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

21

MOTION for Hector F. Ruiz, Jr. to Appear Pro Hac Vice by United States Of America, filed. Motion Docket Date 12/28/2005. (Ruiz Jr, Hector) (Entered: 12/08/2005)

Dec. 8, 2005

Dec. 8, 2005

22

MOTION for Leave to Withdraw Plea of Intervention by Patricia Decanini, Maricela Estimbo, Alfrieda Reyes, filed. Motion Docket Date 1/3/2006. (Attachments: # 1 Proposed Order)(fgarcia, ) (Entered: 12/14/2005)

Dec. 14, 2005

Dec. 14, 2005

23

AGREED ORDER GRANTING LEAVE TO WITHDRAW PLEA OF INTERVENTION granting 22 Motion for Leave to File .( Signed by Judge Randy Crane ) Parties notified.(fgarcia, ) (Entered: 12/15/2005)

Dec. 15, 2005

Dec. 15, 2005

24

ORDER granting 19 Joint Unopposed Motion for Entry and Approval of Consent Decree.( Signed by Judge Randy Crane ) Parties notified.(fgarcia, ) (Entered: 12/21/2005)

Dec. 15, 2005

Dec. 15, 2005

25

Consent Decree by all parties, filed.(fgarcia, ) (Entered: 12/21/2005)

Dec. 15, 2005

Dec. 15, 2005

27

Consent Decree.( Signed by Judge Randy Crane ) Parties notified.(fgarcia, ) (Entered: 12/28/2005)

Dec. 15, 2005

Dec. 15, 2005

Minute Entry for proceedings held before Judge Randy Crane. MOTION HEARING held on 12/16/2005. Without any objection, the Court will grant 22 Motion for Leave to Withdraw Plea of Intervention and thereafter, the Court will issue order granting 19 Joint Unopposed Motion for Entry and Approval of Consent Decree. Appearances: Hector F. Ruiz Jr.; Francisco J. Martinez; Stephen P. Dietz. (ERO:Richard Cortez [9:57-10:00]), filed.(lcervantes) (Entered: 04/11/2006)

Dec. 16, 2005

Dec. 16, 2005

26

ORDER granting 21 Motion to Appear Pro Hac Vice.( Signed by Judge Randy Crane ) Parties notified.(fgarcia, ) (Entered: 12/21/2005)

Dec. 21, 2005

Dec. 21, 2005

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: Feb. 1, 2005

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States on behalf of female officers discriminated on the basis of sex and retaliated against for filing EEOC complaint

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Elsa (Elsa), City

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2005 - 2006

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Sex discrimination

Affected Gender:

Female