Case: Guerra v. Celanese Corp.

2:80-cv-00115 | U.S. District Court for the Southern District of Texas

Filed Date: Aug. 23, 1980

Closed Date: 2001

Clearinghouse coding complete

Case Summary

On August 23, 1980, a Mexican-American employee of Celanese Corporation filed a lawsuit under 42 U.S.C. § 2000e against Celanese Corporation and the contracting firm of Arthur Brothers, Inc. in the United States District Court for the Southern District of Texas. The Plaintiff, represented by private counsel, claimed that Celanese and ABI denied him and other Mexican-American workers an equal opportunity to compete with Caucasian employees for the preferred jobs at Celanese.On May 1, 1981, the …

On August 23, 1980, a Mexican-American employee of Celanese Corporation filed a lawsuit under 42 U.S.C. § 2000e against Celanese Corporation and the contracting firm of Arthur Brothers, Inc. in the United States District Court for the Southern District of Texas. The Plaintiff, represented by private counsel, claimed that Celanese and ABI denied him and other Mexican-American workers an equal opportunity to compete with Caucasian employees for the preferred jobs at Celanese.

On May 1, 1981, the District Court (Judge Ricardo Hinojosa) partially dismissed individual claims and completely dismissed class allegations against Celanese Corporation. The case proceeded as an individual action. (order not available)

As of September 28, 1995, the cases had settled on all issues except the issue of attorney fees. Celanese Corporation paid Guerra $12,500 to settle Guerra's claim. The Court denied Plaintiffs' motion for attorney fees and costs. (order not available)

The Court dismissed Plaintiffs' claims against Celanese Corporation on March 28, 1996. The case was dismissed with prejudice. About one year later, and pursuant to Plaintiffs' motion, the Court dismissed Plaintiffs' claims against Arthur Brothers with prejudice on March 31, 1997. The Court also refused to award attorney fees against Arthur Brothers. (order not available)

The United States Court of Appeals for the Fifth Circuit affirmed the District Court on August 14, 1997. Guerra v. Celanese Corporation, 124 F.3d 192 (5th Cir. 1997).

On January 9, 1998, the Fifth Circuit Court of Appeals affirmed in part, reversed in part, and remanded in part. Guerra v. Celanese Corporation, 136 F.3d 137 (5th Cir. 1997). The Court held that the District Court had erred when it declared that Plaintiff Guerra was not a prevailing party. The Court remanded the case to the District Court to determine a reasonable amount of attorney fees.

On remand, the District Court (Judge Ricardo Hinojosa) ordered Defendant to pay $5,000 in attorney fees plus related costs.

The Fifth Circuit Court of Appeals affirmed the District Court on August 15, 2000. Guerra v. Celanese Corporation, 232 F.3d 207 (5th Cir. 2000).

On March 31, 2001, the District Court ordered Defendant to pay $203 in costs. The Court denied Plaintiffs' request for additional costs.

The Fifth Circuit affirmed the District Court on March 19, 2002. Guerra v. Celanese Corporation, 34 Fed. Appx. 151 (5th Cir. 2002).

Summary Authors

Haley Waller (10/4/2010)

People


Judge(s)

DeMoss, Harold R. Jr. (Texas)

Hinojosa, Ricardo H. (Texas)

Jones, Edith Hollan (Texas)

Parker, Robert Manley (Texas)

Attorneys(s) for Plaintiff

Hall, David G. (Texas)

Horton, David (Texas)

Valdivia, Enrique Porrata (Texas)

Attorneys(s) for Defendant

Gerard, Steve (New Jersey)

Green, Kathryn F. (Texas)

Sexton, Paul Jr. (Texas)

Judge(s)

DeMoss, Harold R. Jr. (Texas)

Hinojosa, Ricardo H. (Texas)

Jones, Edith Hollan (Texas)

Parker, Robert Manley (Texas)

Attorneys(s) for Plaintiff

Hall, David G. (Texas)

Horton, David (Texas)

Valdivia, Enrique Porrata (Texas)

Attorneys(s) for Defendant

Gerard, Steve (New Jersey)

Green, Kathryn F. (Texas)

Sexton, Paul Jr. (Texas)

Documents in the Clearinghouse

Document

Docket

Guerra v. Celanese Corporation

Aug. 12, 2003 Docket

Appeal

Guerra v. Celanese Corporation

U. S. Court of Appeals for the Fifth Circuit

124 F.3d 192

Aug. 14, 1997 Order/Opinion

Appeals from the United States District Court for the Southern District of Texas

Guerra v. Celanese Corporation

U. S. Court of Appeals for the Fifth Circuit

136 F.3d 137

Jan. 9, 1998 Order/Opinion
184

ORDER (granting attorneys' fees and costs)

Guerra v. Celanese Corporation

March 31, 1999 Order/Opinion

BRIEF OF APPELLANTS

Guerra v. Celanese Corporation

U. S. Court of Appeals for the Fifth Circuit

Dec. 7, 1999 Pleading / Motion / Brief

BRIEF OF APPELLEES

Guerra v. Celanese Corporation

U. S. Court of Appeals for the Fifth Circuit

Feb. 4, 2000 Pleading / Motion / Brief

REPLY BRIEF OF APPELLANTS

Guerra v. Celanese Corporation

U. S. Court of Appeals for the Fifth Circuit

March 10, 2000 Pleading / Motion / Brief

Appeals from the United States District Court for the Southern District of Texas

Guerra v. Celanese Corporation

U. S. Court of Appeals for the Fifth Circuit

232 F.3d 207

Aug. 15, 2000 Order/Opinion
192

ORDER (awarding costs)

Guerra v. Celanese Corporation

March 31, 2001 Order/Opinion

BRIEF OF APPELLANTS

Guerra v. Celanese Corporation

U. S. Court of Appeals for the Fifth Circuit

Oct. 23, 2001 Pleading / Motion / Brief

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT class action for declaratory and injunctive relief, money damages filed; (bchurchill) (Entered: 11/02/1992)

Aug. 25, 1980
2

RETURN OF SERVICE executed as to Inc. Arthur Brothers by serving Larry Smith 9/11/80 filed Answer due on 10/1/80 for Inc. Arthur Brothers (bchurchill) (Entered: 11/02/1992)

Sept. 11, 1980
3

MOTION to dismiss under rule 12−(b) by Celanese Corp., Celanese Chemical Co, Motion Docket Date 10/12/80 [3−1] motion , filed (bchurchill) (Entered: 11/02/1992)

Sept. 22, 1980
4

ANSWER to Complaint by Celanese Corp., Celanese Chemical Co (Added attorney ), filed. (bchurchill) (Entered: 11/02/1992)

Sept. 22, 1980
5

MOTION to dismiss under rule 12(b) by Inc. Arthur Brothers, Motion Docket Date 10/16/80 [5−1] motion , filed, part one of instr. #5 (bchurchill) (Entered: 11/02/1992)

Sept. 26, 1980
5

ANSWER to Complaint by Inc. Arthur Brothers (Added attorney ), filed. Part 2 of instr #5 (bchurchill) (Entered: 11/02/1992)

Sept. 26, 1980
8

NOTICE by Celanese Corp. to take deposition of Oscar Guerra 10/27/80 @ 2:00 p.m., filed. (bchurchill) (Entered: 11/02/1992)

Oct. 6, 1980
6

RETURN OF SERVICE executed as to Celanese Corp. 9/10/80 by serving Gayle Williams filed Answer due on 9/30/80 for Celanese Corp. (bchurchill) (Entered: 11/02/1992)

Oct. 9, 1980
7

RETURN OF SERVICE executed as to Celanese Chemical Co by serving Gayle Williams 9/10/80 filed Answer due on 9/30/80 for Celanese Chemical Co (bchurchill) (Entered: 11/02/1992)

Oct. 9, 1980
9

MEMORANDUM IN RESPONSE by Oscar Guerra to [5−1] motion to dismiss under rule 12(b), [3−1] motion to dismiss under rule 12−(b) , filed (bchurchill) (Entered: 11/02/1992)

Oct. 17, 1980
10

ORDER, Motion hearing set for 1:30 3/30/81 for [5−1] motion to dismiss under rule 12(b), set for 1:30 3/30/81 for [3−1] motion to dismiss under rule 12−(b) , entered; Parties notified. ( signed by Judge Ricardo H. Hinojosa ) (bchurchill) (Entered: 11/02/1992)

Jan. 26, 1981
11

First Set of INTERROGATORIES of Oscar Guerra to Celanese Corp., Celanese Chemical Co, Inc. Arthur Brothers , filed (bchurchill) (Entered: 11/02/1992)

Feb. 27, 1981
12

SUPPLEMENTAL [3−1] motion to dismiss under rule 12−(b) by Celanese Corp., Celanese Chemical Co Supplemental Motion Docket Date 4/8/81 [3−1] motion to dismiss under rule 12−(b) , filed. (bchurchill) (Entered: 11/02/1992)

March 19, 1981
13

MOTION for protective order by Celanese Corp., Celanese Chemical Co, Motion Docket Date 4/8/81 [13−1] motion , filed (bchurchill) (Entered: 11/02/1992)

March 19, 1981
14

MOTION for protective order as Corrected by Celanese Corp., Celanese Chemical Co, Motion Docket Date 4/9/81 [14−1] motion , filed (bchurchill) (Entered: 11/02/1992)

March 20, 1981
15

SUPPLEMENTAL [5−1] motion to dismiss under rule 12(b) as corrected for typographical errors, [3−1] motion to dismiss under rule 12−(b) as corrected for tyographical errors by Celanese Corp., Celanese Chemical Co Motion Docket Date 4/9/81 [5−1] motion to dismiss under rule 12(b), 4/9/81 [3−1] motion to dismiss under rule 12−(b) , filed. (bchurchill) (Entered: 11/02/1992)

March 20, 1981
16

NOTICE of modification and supplementation of its motion to dismiss under rule 12(b) by Inc. Arthur Brothers , filed (bchurchill) (Entered: 11/02/1992)

March 20, 1981
17

RESPONSE by Inc. Arthur Brothers in opposition to [11−1] interrogatory(s) requested , filed (bchurchill) (Entered: 11/02/1992)

March 20, 1981
18

Motion hearing re: [5−1] motion to dismiss under rule 12(b) Motion hearing held;, [3−1] motion to dismiss under rule 12−(b) Motion hearing held; Ct Reporter: Paul Clendening; Arguments of counsel; Court took matter under advisement. Hearing concluded. (bchurchill) (Entered: 11/02/1992)

March 30, 1981
19

Exhibit list by Oscar Guerra , filed (bchurchill) (Entered: 11/03/1992)

March 30, 1981
20

MOTION and ORDER Pursuant to Local Rule 1 by Oscar Guerra, Motion Docket Date 4/26/81 [20−1] motion , filed (bchurchill) (Entered: 11/03/1992)

April 6, 1981
21

ORDER denying [20−1] motion Pursuant to Local Rule 1 , entered; Parties notified. ( signed by Judge Ricardo H. Hinojosa ) (bchurchill) (Entered: 11/03/1992)

April 22, 1981
22

MEMORANDUM IN RESPONSE by Oscar Guerra to [14−1] motion for protective order as Corrected , filed (bchurchill) (Entered: 11/03/1992)

April 24, 1981
23

MOTION for John Williamson to withdraw as attorney, written consent of clients , and for entry of appearance of counsel by Oscar Guerra, Motion Docket Date 5/17/81 motion, 5/17/81 [23−2] motion , filed (bchurchill) (Entered: 11/03/1992)

April 27, 1981
24

ORDER granting [23−1] motion for John Williamson to withdraw as attorney, written consent of clients (Terminated granting [23−2] motion entry of appearance of counsel , entered; Parties notified. ( signed by Judge Ricardo H. Hinojosa ) (bchurchill) (Entered: 11/03/1992)

May 1, 1981
25

MEMORANDUM AND ORDER, of partial dismissal of individual claims and full dismissal of class allegations against Celanese , entered. Parties notified. ( signed by Judge Ricardo H. Hinojosa ) (bchurchill) (Entered: 11/03/1992)

May 1, 1981
26

ORDER granting [5−1] motion to dismiss under rule 12(b) , entered; Parties notified. Case shall proceed as induvidual action based upon pltf's allegations of discrim. by deftArthur Bros. to recover attys fees and costs in connection w/motion to dismiss 7under rule 12(b). ( signed by Judge Ricardo H. Hinojosa ) (bchurchill) (Entered: 11/03/1992)

May 1, 1981
27

ORDER , entered; Parties notified. I hereby recuse myself from presiding over the above styled cause. ( signed by Judge Hayden W. Head Jr. ) (bchurchill) (Entered: 11/03/1992)

Nov. 13, 1981
28

JOINT MOTION to intervene pursuant to rule 24(b) and notice of motion by Oscar Guerra , filed (bchurchill) (Entered: 11/03/1992)

Nov. 30, 1981
29

MOTION pursuant to local rule 15(b)(2) for oral argument on pltfs' joint motion to intervene pursuant to rule 42(a) and notice of motion by Oscar Guerra, Motion Docket Date 12/20/81 [29−1] motion , filed (bchurchill) (Entered: 11/03/1992)

Nov. 30, 1981
30

NOTICE of related litigation pursuant to local rule 5 by Oscar Guerra , filed (bchurchill) (Entered: 11/03/1992)

Nov. 30, 1981
31

MOTION pursuant to rule 26(f) for a discovery conference by Oscar Guerra, Motion Docket Date 12/20/81 [31−1] motion , filed (bchurchill) (Entered: 11/03/1992)

Nov. 30, 1981

Letter from Clerk assigning this case to Judge James DeAnda. A case of equal import is to be transferred to Judge Hayden Head by Judge DeAnda. (bchurchill) (Entered: 11/03/1992)

Dec. 4, 1981

Record mailed to Judge DeAnda's Clerk. (bchurchill) (Entered: 11/03/1992)

Dec. 4, 1981
32

MOTION for leave to file interrogatories exceeding the number set by local rule by Oscar Guerra, Motion Docket Date 1/17/82 [32−1] motion , filed (bchurchill) (Entered: 11/03/1992)

Dec. 28, 1981
33

INTERROGATORIES of Oscar Guerra pursuant to rule 33 and request for productin of documents pursuant to rule 34 (second set) , filed (bchurchill) (Entered: 11/03/1992)

Jan. 11, 1982
34

RESPONSE by Inc. Arthur Brothers to [31−1] motion pursuant to rule 26(f) for a discovery conference, [29−1] motion pursuant to local rule 15(b)(2) for oral argument on pltfs' joint motion to intervene pursuant to rule 42(a) and notice of motion , filed (bchurchill) (Entered: 11/03/1992)

Jan. 15, 1982
35

RESPONSE by Celanese Corp., Celanese Chemical Co to [31−1] motion pursuant to rule 26(f) for a discovery conference, [29−1] motion pursuant to local rule 15(b)(2) for oral argument on pltfs' joint motion to intervene pursuant to rule 42(a) and notice of motion, [28−1] joint motion to intervene pursuant to rule 24(b) and notice of motion , filed (bchurchill) (Entered: 11/03/1992)

Feb. 10, 1982
36

NOTICE by Oscar Guerra to take deposition of Employee of Celanese in charge 2/18/82 @ 3:30 p.m., filed. (bchurchill) (Entered: 11/03/1992)

Feb. 10, 1982
37

MOTION to consolidate pursuant to rule 42(a) and notice of motion by Oscar Guerra, Motion Docket Date 3/9/82 [37−1] motion , filed (bchurchill) (Entered: 11/03/1992)

Feb. 17, 1982
38

Pre−trial conference held before Judge Ricardo H. Hinojosa Tape Number: 62−1; Pltf's motion to consolidate pending before Judge DeAnda and upon ruling on said motion, additional status conf. will be scheduled. Hearing concluded. (bchurchill) (Entered: 11/03/1992)

Feb. 25, 1982
39

OBJECTIONS AND ANSWER by Celanese Corp., Celanese Chemical Co to Interrogatories pursuant to rule 33 (second set and request for production of documents (second set), filed. (bchurchill) (Entered: 11/03/1992)

March 10, 1982
40

REQUEST by Oscar Guerra for Production of Documents from Celanese Corp. , filed. (bchurchill) (Entered: 11/03/1992)

March 19, 1982
41

ANSWER by Inc. Arthur Brothers to Interrogatories, filed. (bchurchill) (Entered: 11/03/1992)

Aug. 5, 1982
42

NOTICE by Oscar Guerra to take deposition of Robert Regan 10/15/82 @ 9:30 a.m., filed. (bchurchill) (Entered: 11/03/1992)

Oct. 14, 1982
43

NOTICE by Oscar Guerra to take deposition of Jack Lockhart 10/15/82 @ 11:00 a.m., filed. (bchurchill) (Entered: 11/03/1992)

Oct. 14, 1982

Minute entry:, set pretrial conference for 9:30 4/29/83 , set pretrial order due for 4/22/83 , set dispositive motion for extension of time filing deadline for 4/15/83 , (bchurchill) (Entered: 11/03/1992)

March 31, 1983
44

JOINT MOTION to extend time for filing pre−trial order by Oscar Guerra, Celanese Corp., Celanese Chemical Co, Inc. Arthur Brothers , filed (bchurchill) (Entered: 11/04/1992)

April 15, 1983
45

Minute entry: denying [44−1] joint motion to extend time for filing pre−trial order, reset pretrial order due for 4/27/83 , entered. Parties ntfd. ( Signed by Chief Judge James DeAnda ) (bchurchill) (Entered: 11/04/1992)

April 25, 1983
46

Minute entry: Pre−Trial Conf. held before Chief Judge James DeAnda, Minutes refer to case C−76−134 &C−80−115. Proposed Joint Pre−Trial Order in file; Opposition to motion to consolidate by defts Mireles and Guerra should be out of the case − Trevino is okay; Court feels that any fingdings made in the Trevino case could be applied to the sub−classes, if appropriate; Mr. Horton to decide w/i 10 days the dismissal of Mireles and Guerra; set Court hearing on the certificate of the porposed class for 9:30 9/27/83 , set amended motion to certifity the class due for 5/31/83 , set discovery due for 8/30/83 , entered. Parties ntfd. () (bchurchill) (Entered: 11/04/1992)

April 29, 1983
47

MOTION to certify class pursuant to rule 23 by Oscar Guerra, Motion Docket Date 5/19/83 [47−1] motion , filed (bchurchill) (Entered: 11/04/1992)

April 29, 1983
48

MOTION for reconsideration of various pre−trial orders by Oscar Guerra, Motion Docket Date 5/19/83 [48−1] motion , filed (bchurchill) (Entered: 11/04/1992)

April 29, 1983
49

MEMORANDUM by Oscar Guerra in support of [48−1] motion for reconsideration of various pre−trial orders , filed (bchurchill) (Entered: 11/04/1992)

April 29, 1983
50

INTERROGATORIES of Celanese Corp., Celanese Chemical Co to Oscar Guerra , filed (bchurchill) (Entered: 11/04/1992)

May 10, 1983
51

MOTION to certify class pursuant to rule 23(b)(2) by Oscar Guerra, Motion Docket Date 6/21/83 [51−1] motion , filed (bchurchill) (Entered: 11/04/1992)

June 1, 1983
52

REQUEST of Oscar Guerra for Admissions pursuant to rule 16, filed. (bchurchill) (Entered: 11/04/1992)

June 13, 1983
53

RESPONSE by Oscar Guerra to [50−1] interrogatory(s) requested , filed. (first set) (bchurchill) (Entered: 11/04/1992)

June 13, 1983
54

RESPONSE by Celanese Corp., Celanese Chemical Co to [52−1] admission requested , filed. (bchurchill) (Entered: 11/04/1992)

June 24, 1983
55

RESPONSE by Inc. Arthur Brothers to [52−1] admission requested , filed. (bchurchill) (Entered: 11/04/1992)

June 29, 1983
56

MOTION to extend time to respond to pltf's request for admissions pursuant to rule 36. by Inc. Arthur Brothers, Motion Docket Date 7/19/83 [56−1] motion , filed (bchurchill) (Entered: 11/04/1992)

June 29, 1983

Text not available. (Entered: 11/04/1992)

June 29, 1983
57

RESPONSE by Celanese Corp., Celanese Chemical Co to [52−1] admission requested , filed. (bchurchill) (Entered: 11/04/1992)

June 29, 1983
58

MOTION pursuant to rule 37 to compel discovery by Celanese Corp., Celanese Chemical Co, Motion Docket Date 7/27/83 [58−1] motion , filed (bchurchill) (Entered: 11/04/1992)

July 7, 1983
59

SUPPLEMENTAL RESPONSE by Oscar Guerra to [50−1] interrogatory(s) requested , filed. (bchurchill) (Entered: 11/04/1992)

Aug. 3, 1983
60

RESPONSE by Oscar Guerra to [58−1] motion pursuant to rule 37 to compel discovery , filed (bchurchill) (Entered: 11/04/1992)

Aug. 3, 1983
61

MOTION for sanctions pursuant to rule 37 by Celanese Corp., Celanese Chemical Co, Motion Docket Date 8/25/83 [61−1] motion , filed (bchurchill) (Entered: 11/04/1992)

Aug. 5, 1983
62

RESPONSE by Oscar Guerra to [61−1] motion for sanctions pursuant to rule 37 , filed (bchurchill) (Entered: 11/04/1992)

Aug. 22, 1983
64

Status conference set at 9:00 9/23/83 in re: Cases Nos. 76−C−134; C−80−49; &C−80−115 (bchurchill) (Entered: 11/04/1992)

Aug. 22, 1983
63

SUPPLEMENTAL [58−1] motion pursuant to rule 37 to compel discovery by Celanese Corp., Celanese Chemical Co Supplemental Motion Docket Date 9/14/83 [58−1] motion pursuant to rule 37 to compel discovery , filed. (bchurchill) (Entered: 11/04/1992)

Aug. 25, 1983
65

Minute entry:, Any party that feels Judge Hinojosa should recuse himself from this case should file a motion for recusal no later than 10/3/83 , entered. Parties ntfd. ( Signed by Judge Ricardo H. Hinojosa ) (bchurchill) (Entered: 11/04/1992)

Sept. 23, 1983
67

Status conference held before Judge Ricardo H. Hinojosa Ct Reporter: Jack Cire; Court will send docket control letters. Attys. are requested to submit w/i 15 days, any pending motions they are urging. Joint employer issue in Trevino &Guerra cases only. (bchurchill) (Entered: 11/04/1992)

Oct. 14, 1983
68

Minute entry: Parties are ordered to file with the court w/i 15 days, a list of all pending motions they are urging. , entered. Parties ntfd. ( Signed by Judge Ricardo H. Hinojosa ) (bchurchill) (Entered: 11/04/1992)

Oct. 14, 1983
69

RESPONSE by Celanese Corp., Celanese Chemical Co to pltf's motion for atty fees pursuant to 42 U.S.C. $1988 and 2000−e SEQ., filed (bchurchill) (Entered: 11/04/1992)

Oct. 25, 1983
70

RESPONSE by Celanese Corp., Celanese Chemical Co in opposition to to pltfs request for production of documents pursuant to rule 34 (second set), filed (bchurchill) (Entered: 11/04/1992)

Oct. 25, 1983
71

RESPONSE by Celanese Corp., Celanese Chemical Co in opposition to [37−1] motion to consolidate pursuant to rule 42(a) and notice of motion , filed (bchurchill) (Entered: 11/04/1992)

Oct. 25, 1983
72

RESPONSE by Celanese Corp., Celanese Chemical Co in opposition to , filed motion for partial summary judgment (bchurchill) (Entered: 11/04/1992)

Oct. 25, 1983
73

RESPONSE by Celanese Corp. to [47−1] motion to certify class pursuant to rule 23 , filed (bchurchill) (Entered: 11/04/1992)

Oct. 25, 1983
74

RESPONSE by Inc. Arthur Brothers in opposition to [37−1] motion to consolidate pursuant to rule 42(a) and notice of motion , filed (bchurchill) (Entered: 11/04/1992)

Oct. 26, 1983
75

RESPONSE by Inc. Arthur Brothers to motion for atty fees pursuant to 42 U.S.C. $1988 and 20003 et seq., filed (bchurchill) (Entered: 11/04/1992)

Oct. 26, 1983
76

RESPONSE by Inc. Arthur Brothers to pltf's joint motion for partial summary judgment pursuant to rule 56 and motion to suspend local rule 13(b), filed (bchurchill) (Entered: 11/04/1992)

Oct. 26, 1983
77

MOTION to expedite , and to bifurcate resolution of the joint employer issue in Guerra and Trevino by Inc. Arthur Brothers, Motion Docket Date 12/4/83 [77−1] motion, 12/4/83 [77−2] motion , filed (bchurchill) (Entered: 11/04/1992)

Nov. 14, 1983
78

MOTION for expedited , and bifurcated resolution of the joint employer issue in Guerra and Trevino by Celanese Corp., Celanese Chemical Co, Motion Docket Date 12/26/83 [78−1] motion, 12/26/83 [78−2] motion , filed (bchurchill) (Entered: 11/04/1992)

Dec. 6, 1983
79

Pre−trial conference set at 10:30 8/10/84 (bchurchill) (Entered: 11/04/1992)

July 31, 1984
80

MOTION postpone pre−trial conf by Celanese Corp., Celanese Chemical Co, Motion Docket Date 8/23/84 [80−1] motion , filed (bchurchill) (Entered: 11/04/1992)

Aug. 3, 1984
81

ORDER granting [80−1] motion postpone pre−trial conf , entered; Parties notified. ( signed by Judge Ricardo H. Hinojosa ) (bchurchill) (Entered: 11/04/1992)

Aug. 9, 1984
88

MOTION regarding order of 12/16/91 for partial consolidation of prehearing proceedings in the Mireles, Trevino and Guerra related cases and notice of motion. by Oscar Guerra, Motion Docket Date 3/4/91 [88−1] motion , filed (bchurchill) (Entered: 11/04/1992)

Feb. 10, 1991
82

Minute entry: All pending motions are denied without prejudice to reurging the same by filing a writtne notice with the court by 11/15/91, indicating which, if any, motion a party would like to reurge. A status conf. is set on 12/16/91 @ 2:30 p.m., entered. Parties ntfd. ( Signed by Judge Ricardo H. Hinojosa ) (bchurchill)

Oct. 23, 1991
84

RESPONSE by Inc. Arthur Brothers to [82−1] miscellaneous , filed. (bchurchill) (Entered: 11/04/1992)

Nov. 15, 1991
84

MOTION for change of atty in charge by Inc. Arthur Brothers, Motion Docket Date 12/17/91 [84−1] motion , filed (instr. #84−A) (bchurchill) (Entered: 11/04/1992)

Nov. 27, 1991
85

ORDER granting [84−1] motion for change of atty in charge terminated Philip J. Pfeiffer Added Paul E. Sexton Jr., entered; Parties notified. ( signed by Judge Ricardo H. Hinojosa ) (bchurchill) (Entered: 11/04/1992)

Dec. 5, 1991
86

MOTION to substitute attorney for deft Hoechst Celanese Advanced Materials Group , Motion Docket Date 1/5/92 [86−1] motion , filed (bchurchill) (Entered: 11/04/1992)

Dec. 16, 1991
87

Minute entry: Status Conf. held before Judge Ricardo H. Hinojosa Ct Reporter: Irma Soto granting [86−1] motion to substitute attorney for deft Hoechst Celanese Advanced Materials Group terminated Added granting [77−2] motion to bifurcate resolution of the joint employer issue in Guerra and Trevino, Court advises counsel to file any evidence they will be presenting by 2/14/92 and set evidentiary hearing for 10:00 2/24/92 , entered. Parties ntfd. () (bchurchill) (Entered: 11/04/1992)

Dec. 16, 1991
90

MOTION for David Horton to withdraw as attorney by Oscar Guerra, Motion Docket Date 1/19/92 [90−1] motion , filed (bchurchill) (Entered: 11/04/1992)

Dec. 30, 1991
89

JOINT MOTION to modify order of 12/16/91 regarding prehearing procedure and for clarification regarding nature and scope of hearing on joint employer issue. by Oscar Guerra, Celanese Corp., Celanese Chemical Co, Inc. Arthur Brothers , filed (bchurchill) (Entered: 11/04/1992)

Feb. 13, 1992
91

JOINT PRETRIAL ORDER, filed. (bchurchill) (Entered: 11/05/1992)

March 5, 1992
92

ORDER granting [89−1] joint motion to modify order of 12/16/91 regarding prehearing procedure and for clarification regarding nature and scope of hearing on joint employer issue., Parties shall file briefs w/i 10 days after the hearing. Any additional motions relevant to the hearing, except motions in limine, shall be served no later than 10 days prior to the hearing. set miscellaneous hearing to 10:00 3/23/92 for [92−2] relief , entered; Parties notified. ( signed by Judge Ricardo H. Hinojosa ) (bchurchill) (Entered: 11/05/1992)

March 5, 1992
93

JOINT MOTION to reset hearing on joint employer issue , and joint motion to suspend local rule regarding motion submission and notice of motion by Oscar Guerra, Celanese Corp., Celanese Chemical Co, Inc. Arthur Brothers , filed (bchurchill) (Entered: 11/05/1992)

March 16, 1992
94

ORDER granting [88−1] motion regarding order of 12/16/91 for partial consolidation of prehearing proceedings in the Mireles, Trevino and Guerra related cases and notice of motion. , entered; Parties notified. The Court Orders the partial consolidation of prehearing procedures of the three related cases, Mireles, Trevino and Guerra for the purpose of facilitating filing with the court. The parties shall file with the clerk all documents that relate to the pretrial hearing under the lead case styled, Trevino v. Celanese (C−80−49). The filing in Trevino shall constitute filing in Mireles )76−C−134) and Guerra (C−80−115). signed by Judge Ricardo H. Hinojosa ) (bchurchill) (Entered: 11/05/1992)

March 25, 1992
95

ORDER granting [93−1] joint motion to reset hearing on joint employer issue granting [93−2] joint motion to suspend local rule regarding motion submission and notice of motion , entered; Parties notified. The Order previously setting hearing on the vicarious liability issue is vacated and the hearing is reset for the 27th day of April 1992 at 10:00 a.m. The parties may amend or supplement the exisiting prehearing order as appropriate in light of the settlement up to ten days before the hearing. ( signed by Judge Ricardo H. Hinojosa ) (bchurchill) (Entered:

March 25, 1992

Alternative Dispute Resolution Questionaire mailed to all parties of record. (mkalmbach) (Entered: 06/23/1993)

June 23, 1993

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: Aug. 23, 1980

Closing Date: 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Mexican American employee of Celanese Corporation

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Celanese Corporation, Private Entity/Person

Arthur Brothers Incorporated, Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Amount Defendant Pays: 12,500

Issues

General:

Disparate Treatment

Pattern or Practice

Discrimination-area:

Promotion

Discrimination-basis:

Race discrimination

National Origin/Ethnicity:

Hispanic