Case: Armendariz v. Endeavor Energy

7:05-cv-00010 | U.S. District Court for the Western District of Texas

Filed Date: Jan. 19, 2005

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On January 19, 2005, an African-American employee filed suit in the U.S. District Court for the Western District of Texas against his employer, alleging discriminatory employment practices under 42 U.S.C. 1981. The plaintiff, represented by private counsel alleged that the employer created a hostile work environment through the use of many racial slurs and jokes/comments. The plaintiff amended his complaint to include more detail in previous allegations and to include allegations of a hostile w…

On January 19, 2005, an African-American employee filed suit in the U.S. District Court for the Western District of Texas against his employer, alleging discriminatory employment practices under 42 U.S.C. 1981. The plaintiff, represented by private counsel alleged that the employer created a hostile work environment through the use of many racial slurs and jokes/comments. The plaintiff amended his complaint to include more detail in previous allegations and to include allegations of a hostile work environment and retaliation for refusal to commit illegal acts, as well as to add a request for more damages.

On May 2, 2006, after consolidating this case with a similar case brought by the EEOC against the same defendant, the Court entered a consent decree that required, among other things, that the defendant pay plaintiff damages in the amount of $57,500, refrain from discriminating for the duration of the decree, give notice to employees of anti-discrimination employment law, and provide a positive reference for plaintiff's future employment.

Summary Authors

Maurice Youkanna (6/10/2014)

Related Cases

EEOC v. ENDEAVOR ENERGY RESOURCES (d/b/a RIG MOVERS EXPRESS), Western District of Texas (2005)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/36673931/parties/armendariz-v-endeavor-energy/


Judge(s)

Junell, Robert A. (Texas)

Attorneys(s) for Plaintiff

Dobbs, Spencer W. (Texas)

Dominguez, Leticia (Texas)

Attorneys(s) for Defendant

Brockett, C. H. (Texas)

Judge(s)

Junell, Robert A. (Texas)

Attorneys(s) for Plaintiff

Dobbs, Spencer W. (Texas)

Dominguez, Leticia (Texas)

Attorneys(s) for Defendant

Brockett, C. H. (Texas)

Documents in the Clearinghouse

Document

7:05-cv-00010

Docket [PACER]

March 24, 2006

March 24, 2006

Docket
1

7:05-cv-00010

Original Complaint

Jan. 19, 2005

Jan. 19, 2005

Complaint
4

7:05-cv-00010

Amended Complaint

April 8, 2005

April 8, 2005

Complaint
10

7:05-cv-00010

Order Granting Parties' Joint Motion for Dismissal and for Entry of Consent Decree

Aug. 8, 2005

Aug. 8, 2005

Order/Opinion
17

7:05-cv-00010

Protective Order

Jan. 4, 2006

Jan. 4, 2006

Order/Opinion
21

7:05-cv-00010

Order granting motion to compel

Jan. 27, 2006

Jan. 27, 2006

Order/Opinion
26

7:05-cv-00010

Order Dismissing Case

March 2, 2006

March 2, 2006

Order/Opinion
27

7:05-cv-00010

Consent Decree

March 24, 2006

March 24, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/36673931/armendariz-v-endeavor-energy/

Last updated Aug. 10, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link

Case assigned to Judge Robert A. Junell (vt)

Jan. 19, 2005

Jan. 19, 2005

PACER
1

Complaint filed. Filing Fee: $ 150.00 Receipt # 377845 (Pages: 4) (vt) (Entered: 01/19/2005)

Jan. 19, 2005

Jan. 19, 2005

PACER

Summons issued for Endeavor Energy (vt)

Jan. 19, 2005

Jan. 19, 2005

PACER
2

Answer by Endeavor Energy (sm) (Entered: 02/10/2005)

Feb. 10, 2005

Feb. 10, 2005

PACER
3

Scheduling order setting Joining of parties, amending of pleadings on 4/8/05 Deadline for filing of all motions 7/29/05 Discovery cutoff 7/15/05 ; Alternate Dispute Resolution Report due by 8/5/05 ; Jury Selection set for 9:00 12/5/05 ; Jury trial set for 9:00 12/5/05, termed motions signed by Judge Robert A. Junell (sm) (Entered: 02/14/2005)

Feb. 11, 2005

Feb. 11, 2005

PACER
4

Amended complaint by Abel Armendariz against Rig Movers Express, amending complaint [1-1](no summons presented or issued) (Pages: 6) (sm) (Entered: 04/08/2005)

April 8, 2005

April 8, 2005

PACER
5

Motion by Abel Armendariz to consolidate cases MO-05-CV-101 and MO-05-CV-096 (sm) (Entered: 07/06/2005)

July 6, 2005

July 6, 2005

PACER
6

Order denying motion to consolidate cases MO-05-CV-101 and MO-05-CV-096 [5-1] signed by Judge Robert A. Junell (vt) (Entered: 07/11/2005)

July 11, 2005

July 11, 2005

PACER
7

Motion by Abel Armendariz to consolidate cases MO-05-CV-096 andi MO-05-CV-010 (vt) (Entered: 07/13/2005)

July 13, 2005

July 13, 2005

PACER
8

Notice of filing (certificate of conference) by Abel Armendariz (vt) (Entered: 07/13/2005)

July 13, 2005

July 13, 2005

PACER
9

Notice of filing (certificate of written discovery) by Abel Armendariz (vt) (Entered: 07/14/2005)

July 14, 2005

July 14, 2005

PACER
10

Order granting motion to consolidate cases MO-05-CV-096 andi MO-05-CV-010 [7-1], granting motion to consolidate cases MO-05-CV-101 and MO-05-CV-096 [5-1] signed by Judge Robert A. Junell (sm) (Entered: 08/09/2005)

Aug. 8, 2005

Aug. 8, 2005

PACER
11

Amended Scheduling order setting Joining of parties, amending of pleadings on 9/22/05 Deadline for filing of all motions 1/5/06 Discovery cutoff 12/22/05 ; Alternate Dispute Resolution Report due by 1/12/06 ; Jury Selection set for 9:00 3/6/06 ; Jury trial set for 9:00 3/6/06, termed motions signed by Judge Robert A. Junell (sm) (Entered: 08/09/2005)

Aug. 8, 2005

Aug. 8, 2005

PACER
12

Waiver of Service by Endeavor Energy, Rig Movers Express ; Notice and Request Mailed on 7/25/05 ; Answer due on 9/23/05 (sm) (Entered: 08/10/2005)

Aug. 10, 2005

Aug. 10, 2005

PACER
13

Order resetting Jury selection to 8:30 3/6/06, and resetting Jury trial to 8:30 3/6/06 signed by Judge Robert A. Junell (sm) (Entered: 09/29/2005)

Sept. 29, 2005

Sept. 29, 2005

PACER
14

Order cancelling deadline - (jury selection) signed by Judge Robert A. Junell (sm) (Entered: 11/04/2005)

Nov. 4, 2005

Nov. 4, 2005

PACER
15

Order resetting Jury selection to 8:30 2/27/06, and resetting Jury trial to 8:30 2/27/06 signed by Judge Robert A. Junell (sm) (Entered: 11/04/2005)

Nov. 4, 2005

Nov. 4, 2005

PACER

Received proposed protective order and forwarded to Judge Junell for review. (vt)

Dec. 29, 2005

Dec. 29, 2005

PACER
16

Motion by Abel Armendariz to compel discovery (motion plus attachment A submitted) (vt) (Entered: 01/03/2006)

Jan. 3, 2006

Jan. 3, 2006

PACER
17

Order for protective order signed by Judge Robert A. Junell (sm) (Entered: 01/04/2006)

Jan. 4, 2006

Jan. 4, 2006

PACER
18

Order referring motion : referred motion to compel discovery [16-1] to Judge L. S. Platt signed by Judge Robert A. Junell (sm) (Entered: 01/05/2006)

Jan. 5, 2006

Jan. 5, 2006

PACER
19

Joint Alternate Dispute Resolution Report filed by Abel Armendariz, Endeavor Energy, Rig Movers Express, EEOC, and Party(s) agree to Alternate Dispute Resolution (vt) (Entered: 01/13/2006)

Jan. 12, 2006

Jan. 12, 2006

PACER
20

Order setting FINAL pretrial conference for 5:00 2/7/06 signed by Judge Robert A. Junell (vt) (Entered: 01/27/2006)

Jan. 27, 2006

Jan. 27, 2006

PACER
21

Order granting motion to compel discovery [16-1] signed by Judge L. Stuart Platt. (vt) (Entered: 01/27/2006)

Jan. 27, 2006

Jan. 27, 2006

PACER
22

Order resetting pretrial conference to 2:00 2/7/06 signed by Judge Robert A. Junell (sm) (Entered: 02/03/2006)

Feb. 3, 2006

Feb. 3, 2006

PACER
23

Order dismissing cause without prejudice as parties have settled signed by Judge Robert A. Junell (sm) (Entered: 02/07/2006)

Feb. 7, 2006

Feb. 7, 2006

PACER
24

Clerk's judgment that as the parties have settled, this cause is dismissed without prejudice from the active docket and settlement documents to be submitted to court within 30 days (sm) (Entered: 02/07/2006)

Feb. 7, 2006

Feb. 7, 2006

PACER

Case closed (sm)

Feb. 7, 2006

Feb. 7, 2006

PACER
25

Joint motion by Abel Armendariz, Endeavor Energy, Rig Movers Express, EEOC to dismiss and for entry of consent decree (sm) (Entered: 03/02/2006)

March 2, 2006

March 2, 2006

PACER
26

Order granting joint motion to dismiss and for entry of consent decree [25-1] signed by Judge Robert A. Junell (sm) (Entered: 03/02/2006)

March 2, 2006

March 2, 2006

PACER
27

Consent Decree and Judgment signed by Judge Robert A. Junell (Pages: 9) (sm) (Entered: 03/24/2006)

March 24, 2006

March 24, 2006

PACER

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 19, 2005

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

African American plaintiff files suit for unfair, racially discriminatory employment practices

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Endeavor Energy Resources, LLP., Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

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

Amount Defendant Pays: 57,500

Order Duration: 2006 - 2008

Content of Injunction:

Discrimination Prohibition

Expungement of Employment Record

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Pay / Benefits

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Private Suit Related / Consolidated with EEOC Suit