Case: EEOC v. NELSON TREE SERVICE, INC.

5:04-cv-02019 | U.S. District Court for the Western District of Louisiana

Filed Date: Sept. 28, 2004

Closed Date: 2008

Clearinghouse coding complete

Case Summary

In September 2004, the New Orleans District Office of the EEOC filed this suit against Nelson Tree Services in the U.S. District Court for the Western District of Louisiana, alleging that the defendant violated Title VII of the Civil Rights Act of 1964 by subjecting the charging party, a male employee, to a sexually hostile work environment. Specifically, the charging party was subjected to sexual harassment by his male supervisor including requests for sexual favors, unwelcome sexual comments, and unwanted touching. After some discovery disputes, the parties settled through a consent decree in April 2006. The terms of the agreement were to run for 2 years. The docket sheet does not show any further enforcement took place; the case was presumably closed in 2008.

Summary Authors

Michele Marxkors (5/29/2007)

Clearinghouse (6/10/2017)

People


Judge(s)

Hornsby, Mark L. (Louisiana)

Documents in the Clearinghouse

Documents in this case

5:04-cv-02019

Docket [PACER]

EEOC v. Nelson Tree Service, Inc.

April 18, 2006

April 18, 2006

Docket
1-1

5:04-cv-02019

Complaint

EEOC v. Nelson Tree Service, Inc.

Sept. 28, 2004

Sept. 28, 2004

Complaint
40-1

5:04-cv-02019

Consent Decree

EEOC v. Nelson Tree Service, Inc.

April 18, 2006

April 18, 2006

Settlement Agreement

Resources

Docket

Last updated March 26, 2025, 8:31 a.m.

ECF Number Date Description Link
1 Sept. 28, 2004

COMPLAINT against Nelson Tree Service Inc with Jury Demand filed by Equal Employment Opportunity Commission. ( # 1 civil cover sheet)(Prest, B) (Entered: 10/06/2004)

PACER
2 Nov. 17, 2004

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Nelson Tree Service Inc waiver sent on 10/12/2004, answer due 12/13/2004. (Franklin, K) (Entered: 11/17/2004)

PACER
3 Dec. 13, 2004

ANSWER to Complaint by Nelson Tree Service Inc.(Dean, S) (Entered: 12/13/2004)

PACER
4 Dec. 16, 2004

ORDER Rule 26 Conference between parties to take place before 2/3/2005. Rule 26 Report due by 2/17/2004. Scheduling Conference set for 2/24/2005 11:00 AM in Chambers before Magistrate Judge Roy S Payne. Signed by Judge Roy S Payne on 12/15/04. (Franklin, K) (Entered: 12/16/2004)

PACER
5 Feb. 14, 2005

MOTION for Erania Ebron to Enroll as Co-Counsel by Equal Employment Opportunity Commission. (Attachments: # 1 Text of proposed order)(Franklin, K) (Entered: 02/14/2005)

PACER
Feb. 14, 2005

*** Motions Transferred to Judge Mark L Hornsby regarding 5 MOTION for Erania Ebron to Enroll as Counsel (Franklin, K) (Entered: 02/14/2005)

PACER
6 Feb. 15, 2005

ORDER granting 5 Motion to Enroll as Counsel. Added as counsel Erania Ebron for Equal Employment Opportunity Commission. Signed by Judge Mark L Hornsby on 2/14/05. (Franklin, K) (Entered: 02/16/2005)

PACER
7 Feb. 16, 2005

NOTICE of Deficiency to Erania Ebron, Michelle L Maraist on behalf of Equal Employment Opportunity Commission, Nelson Tree Service Inc re: Rule 26(f) Case Management Report submitted on 2/15/05. Reason: needs original signatures. (Franklin, K) (Entered: 02/16/2005)

PACER
8 Feb. 16, 2005

NOTICE of copy of deficient document (Attachments: # 1 Deficient Document)(Franklin, K) (Entered: 02/16/2005)

PACER
10 Feb. 22, 2005

NOTICE by Equal Employment Opportunity Commission of Intent to Participate in Scheduling Conference by Telephone (Franklin, K) (Entered: 02/24/2005)

PACER
11 Feb. 22, 2005

REPORT of Rule 26(f) Planning Meeting. (Franklin, K) (Entered: 02/24/2005)

PACER
9 Feb. 23, 2005

MINUTE ENTRY REASSIGNING CASE. Case reassigned to Judge Mark L Hornsby. Judge Roy S Payne no longer assigned to case. (Reeves, T) (Entered: 02/23/2005)

PACER
Feb. 23, 2005

Set Deadlines/Hearings: Scheduling Conference set for 2/24/2005 11:00 AM before Magistrate Mark L Hornsby (previously set before Judge Payne). (Reeves, T) (Entered: 02/23/2005)

PACER
12 Feb. 25, 2005

NOTICE by Nelson Tree Service Inc of Intent to Participate in Scheduling Conference by Telephone. (Dean, S) (Entered: 03/01/2005)

PACER
13 March 2, 2005

SCHEDULING ORDER: Jury Trial set for 1/9/2006 09:30 AM before Judge Tom Stagg. Pretrial Conference set for 12/9/2005 10:00 AM before Judge Tom Stagg. Joinder of Parties and Amendment of Pleadings due by 3/25/2005. Plaintiffs Expert Info/Reports due by 7/1/2005. Witness List due by 7/1/2005. Discovery due by 10/11/2005. Defendants Expert Info/Reports due by 10/11/2005. Dispositive Motions due by 10/11/2005. Expert Depositions due by 11/10/2005. Conference to prepare pretrial order set for 11/9/2005. Motions in Limine due by 11/25/2005. Proposed Pretrial Order due by 11/29/2005. Trial Depositions due by 12/19/2005. Trial Brief/Pretrial Submissions due by 12/30/2005. Signed by Judge Mark L Hornsby on 03/01/2005. (Henderson, D) (Entered: 03/02/2005)

PACER
14 April 4, 2005

MOTION to Substitute Attorney Keith T Hill and Pamela Alfred-George in place of Michelle T Butler and Erania Ebron by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(crt,Dean, S) (Entered: 04/04/2005)

PACER
15 April 5, 2005

ORDER granting 14 Motion to Substitute Attorney. Added attorney Keith T Hill for Equal Employment Opportunity Commission, Pamela Alfred-George for Equal Employment Opportunity Commission. Attorney Michelle T Butler and Erania Ebron terminated . Signed by Judge Mark L Hornsby on 4/4/05. (crt,McInnis, S) (Entered: 04/06/2005)

PACER
June 15, 2005

PRO HAC VICE FILING FEE for Todd D Penney to appear on behalf of Nelson Tree Service Inc in the amount of $25.00, receipt number 122022 (crt,Lundy, N) (Entered: 06/15/2005)

PACER
17 June 16, 2005

ORDER granting 16 Motion to Appear Pro Hac Vice for appearance of Todd D Penney for Nelson Tree Service Inc; however, Mr Penney is directed to file the affidavit required by Local Rule 83.2.6W within 15 days. Signed by Judge Mark L Hornsby on June 16, 2005. (crt,Dean, S) (Entered: 06/17/2005)

PACER
19 July 1, 2005

WITNESS LIST by Equal Employment Opportunity Commission. (crt,Dean, S) (Entered: 07/05/2005)

PACER
20 July 5, 2005

MOTION to Supplement Petition for Admission Pro Hac Vice by Filing Affidavit of Todd D Penney by Nelson Tree Service Inc. (Attachments: # 1 Proposed Order; # 2 Affidavit of Todd D Penney)(crt,Dean, S) (Entered: 07/05/2005)

PACER
21 July 11, 2005

MOTION for Erania Ebron to Enroll as Counsel by Equal Employment Opportunity Commission. (Attachments: # 1 Text of proposed order)(crt,Franklin, K) (Entered: 07/11/2005)

PACER
22 July 12, 2005

ORDER granting 20 Motion to Supplement Petition for Admission Pro Hac Vice by Filing Affidavit of Todd D Penny. Signed by Judge Mark L Hornsby on 7/11/05. (crt,Franklin, K) (Entered: 07/12/2005)

PACER
23 July 12, 2005

AFFIDAVIT OF TODD D PENNY in support of Petition for Admission Pro Hac Vice Doc # (16) by Nelson Tree Service Inc. (crt,Franklin, K) (Entered: 07/12/2005)

PACER
24 July 12, 2005

ORDER granting 21 Motion to Enroll as Counsel. Added as counsel Erania Ebron for Equal Employment Opportunity Commission. Signed by Judge Mark L Hornsby on 7/12/05. (crt,Franklin, K) (Entered: 07/13/2005)

PACER
25 Aug. 3, 2005

MOTION to Enforce Subpoena Duces Tecum, MOTION for Attorney Fees, Costs and Expenses by Nelson Tree Service Inc. (Attachments: # 1 Certificate regarding efforts to resolve (LR 37.1) # 2 Memorandum / Brief # 3 Exhibits # 4 Text of proposed order)(crt,Franklin, K) (Entered: 08/03/2005)

PACER
26 Aug. 3, 2005

MOTION to Expedite consideration of 25 MOTION to Enforce Subpoena Duces Tecum MOTION for Attorney Fees by Nelson Tree Service Inc. (Attachments: # 1 Text of proposed order)(crt,Franklin, K) (Entered: 08/03/2005)

PACER
27 Aug. 3, 2005

ORDER granting 26 Motion for Expedited Hearing. The Motion to Enforce Subpoena Duces Tecum is to be heard by telephone on 8/15/05 at 3:00 p.m. Plaintiff's opposition shall be filed, and copies provided to chambers, no later than 8/11/05. Counsel for Defendant shall arrange for the telephone conference. Signed by Judge Mark L Hornsby on 8/3/05. (crt,Franklin, K) (Entered: 08/03/2005)

PACER
28 Aug. 11, 2005

OPPOSITION re 25 MOTION to Enforce Subpoena Duces Tecum MOTION for Attorney Fees filed by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum / Brief # 2 Exhibits # 3 Text of proposed order)(crt,Franklin, K) (Entered: 08/11/2005)

PACER
29 Aug. 15, 2005

MOTION for Leave to File Reply Brief by Nelson Tree Service Inc. (Attachments: # 1 Text of proposed order # 2 Proposed Reply Brief)(crt,Reeves, T) (Entered: 08/15/2005)

PACER
30 Aug. 16, 2005

MINUTE ENTRY: Defendant's 25 Motion for Attorney Fees and 25 Motion to Enforce Subpoena Duces Tecum is GRANTED IN PART AND DENIED IN PART. Counsel for plaintiff shall provide the supplemental responses and information necesary to prepare the releases as soon as possible but no later than August 31, 2005. Signed by Judge Mark L Hornsby on August 16, 2005. (crt,Berry, D) (Entered: 08/16/2005)

PACER
31 Aug. 18, 2005

ORDER granting 29 Motion for Leave to File reply to opposition to motion to compel. Signed by Judge Mark L Hornsby on August 15, 2005. (crt,Berry, D) (Entered: 08/19/2005)

PACER
32 Aug. 18, 2005

REPLY to Response to Motion re 25 MOTION for Attorney Fees and MOTION to Enforce Subpoena Duces Tecum filed by Nelson Tree Service Inc. (crt,Berry, D) (Entered: 08/19/2005)

PACER
Sept. 7, 2005

NOTICE OF SERVICE SUSPENDED: Notice to Erania Ebron, Michelle L Maraist is discontinued in this case due to unsuccessful mail delivery resulting from Hurricane Katrina. Until mail delivery resumes and/or notification of a change of address or substitution of counsel is received, above-named counsel will not receive notice. (crt,Brown, A) (Entered: 09/07/2005)

PACER
33 Sept. 22, 2005

NOTICE of Temporary Change of Address by Michelle L Maraist. (crt,Whidden, C) (Entered: 09/23/2005)

PACER
Sept. 23, 2005

NOTICE OF SERVICE RESTORED: Notice to Michelle L Maraist has been RESUMED. Aforementioned counsel is advised that they will not recieve notice of any activity that occurred in this case from the time notice was suspended until this entry. Counsel should obtain a report of filings by running a Docket Activity for My Cases Report via PACER. (crt,Joffrion, B) (Entered: 09/23/2005)

PACER
34 Oct. 11, 2005

MOTION to Continue Remaining Deadlines and Trial Date with Incorporated Memorandum WITH CONSENT and MOTION for a Telephone Status Conference by Nelson Tree Service Inc. (Attachments: # 1 Text of proposed order)(crt,Brown, A) (Entered: 10/11/2005)

PACER
Oct. 12, 2005

Set Hearings: Magistrate Judge Telephone Status Conference set for 11/15/2005 10:30 AM before Magistrate Judge Mark L Hornsby. (crt,Brown, A) (Entered: 10/13/2005)

PACER
36 Oct. 24, 2005

NOTICE of Temporary Change of Address by Jim Sacher on behalf of E E O C (crt,Franklin, K) (Entered: 10/24/2005)

PACER
Nov. 9, 2005

NOTICE OF SERVICE RESTORED: Notice to Erania Ebron has been RESUMED. Aforementioned counsel is advised that they will not recieve notice of any activity that occurred in this case from the time notice was suspended until this entry. Counsel should obtain a report of filings by running a Docket Activity for My Cases Report via PACER. (crt,Alvarez, S) (Entered: 11/09/2005)

PACER
37 Nov. 15, 2005

SCHEDULING ORDER: At the 11/15/2005 telephone status conference the following dates were set on the docket of Judge Stagg: Jury Trial set for 9/11/2006 09:30 AM before Judge Tom Stagg. Pretrial Conference set for 8/11/2006 11:00 AM before Judge Tom Stagg. Discovery due by 3/31/2006. Defendants Expert Info/Reports due by 3/31/2006. Dispositive Motions due by 3/31/2006. Expert Depositions due by 4/28/2006. Conference to prepare pretrial order set for 7/12/2006. Motions in Limine due by 7/27/2006. Proposed Pretrial Order due by 8/1/2006. Trial Depositions due by 8/21/2006. Trial Brief/Pretrial Submissions due by 9/1/2006. Signed by Judge Mark L Hornsby on 11/15/2005. (crt,McDonnell, D) (Entered: 11/17/2005)

PACER
38 Jan. 12, 2006

NOTICE of Return to Permanent Address by Michelle L Maraist (crt,Brown, A) (Entered: 01/12/2006)

PACER
39 April 7, 2006

PROPOSED Consent Decree by Equal Employment Opportunity Commission, Nelson Tree Service Inc. (Attachments: # 1 Exhibits)(crt,Dean, S) (Entered: 04/07/2006)

PACER
40 April 18, 2006

CONSENT DECREE. Signed by Judge Tom Stagg on 4/17/2006. (Attachments: # 1 Exhibits)(crt,McDonnell, D) (Entered: 04/18/2006)

PACER

Case Details

State / Territory:

Louisiana

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 28, 2004

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Nelson Tree Services, Inc.

Nelson Tree Services, Inc.

Case Details

Causes of Action:

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

Other Dockets:

Western District of Louisiana 5:04-cv-02019

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Expungement of Employment Record

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Retaliation Prohibition

Amount Defendant Pays: 10000

Order Duration: 2006 - 2008

Issues

Discrimination Area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Male

EEOC-centric:

Direct Suit on Merits

Recommended Citation