Case: EEOC v. 24 HOUR FITNESS USA, INC.

3:04-cv-02096 | U.S. District Court for the Northern District of Texas

Filed Date: Sept. 28, 2004

Closed Date: Nov. 22, 2006

Clearinghouse coding complete

Case Summary

In September 2004, the EEOC district office in Dallas, Texas brought this suit against 24 Hour Fitness USA, Inc., a national health club chain, in the U.S. District Court for the Northern District of Texas. The complaint alleges that a female employee was unlawfully discriminated against because of her sex, retaliated against, and constructively discharged, all in violation of Title VII of the Civil Rights Act of 1964. Specifically, the employee stated that when she was promoted a managerial …

In September 2004, the EEOC district office in Dallas, Texas brought this suit against 24 Hour Fitness USA, Inc., a national health club chain, in the U.S. District Court for the Northern District of Texas. The complaint alleges that a female employee was unlawfully discriminated against because of her sex, retaliated against, and constructively discharged, all in violation of Title VII of the Civil Rights Act of 1964. Specifically, the employee stated that when she was promoted a managerial position she was subjected to different terms and conditions of employment. After she complained about the differences, she was demoted.

The parties attended ADR and came to terms; a consent decree was entered in November 2005. The defendant agreed to pay the employee $32,500. The parties agreed that the defendant would not conduct its business or implement any policy or practice as to discriminate because of sex or retaliate against employees who allege such discrimination. The defendant, per the agreement, agreed to post notices in its Dallas and Fort Worth facilities explaining where to report violations of Title VII and 24 Hour Fitness' sex-discrimination policy. Further, one hour training is to be provided for the employees, supervisors and managers of the defendant to explain the consequences of violating Title VII. The managers and supervisors of defendant, per the agreement, must monitor and internally report incidents of sex discrimination promptly. Lastly, the defendant agreed to provide the employee with a neutral reference letter and expunge all personnel records of any reference of this litigation. The term of the agreement was one year.

Summary Authors

Jason Chester (6/2/2007)

People


Judge(s)

Stickney, Paul D. (Texas)

Attorneys(s) for Plaintiff

Mallon, Keri L. (Texas)

Judge(s)

Stickney, Paul D. (Texas)

Attorneys(s) for Plaintiff

Mallon, Keri L. (Texas)

Documents in the Clearinghouse

Document

3:04-cv-02096

Docket (PACER)

Equal Employment Opportunity Commission v. 24 Hour Fitness USA Inc.

Nov. 22, 2005

Nov. 22, 2005

Docket
1

3:04-cv-02096

Complaint

EEOC v. 24 Hour Fitness USA, Inc.

Sept. 28, 2004

Sept. 28, 2004

Complaint
25

3:04-cv-02096

Order [Motion for Expedited Review]

Equal Employment Opportunity Commission v. 24 Hour Fitness USA Inc.

June 27, 2005

June 27, 2005

Order/Opinion
27

3:04-cv-02096

Agreed Protective Order

Equal Employment Opportunity Commission v. 24 Hour Fitness USA Inc.

Aug. 18, 2005

Aug. 18, 2005

Order/Opinion
30

3:04-cv-02096

Consent Decree

Equal Employment Opportunity Commission v. 24 Hour Fitness USA Inc.

Nov. 22, 2005

Nov. 22, 2005

Order/Opinion

Resources

Docket

Last updated Aug. 28, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against 24 Hour Fitness USA Inc , filed by Equal Employment Opportunity Commission.(jrb, ) (Entered: 09/29/2004)

Sept. 28, 2004

Sept. 28, 2004

DEMAND for Trial by Jury by Equal Employment Opportunity Commission. (jrb, ) (Entered: 09/29/2004)

Sept. 28, 2004

Sept. 28, 2004

***Magistrate Judge Stickney chosen by random selection to handle matters that may be referred in this case. (jrb, ) (Entered: 09/29/2004)

Sept. 28, 2004

Sept. 28, 2004

2

Summons Issued as to 24 Hour Fitness USA Inc. (jrb, ) (Entered: 09/29/2004)

Sept. 28, 2004

Sept. 28, 2004

3

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Equal Employment Opportunity Commission. (jrb, ) (Entered: 09/29/2004)

Sept. 28, 2004

Sept. 28, 2004

4

WAIVER OF SERVICE Returned Executed as to 24 Hour Fitness USA Inc. Waiver sent on 10/19/2004, answer due 12/20/2004. (jrb, ) (Entered: 11/10/2004)

Nov. 9, 2004

Nov. 9, 2004

5

Original ANSWER to Complaint by 24 Hour Fitness USA Inc.(jrb, ) (Entered: 12/20/2004)

Dec. 17, 2004

Dec. 17, 2004

6

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by 24 Hour Fitness USA Inc. (jrb, ) (Entered: 12/20/2004)

Dec. 17, 2004

Dec. 17, 2004

7

ORDER REQUIRING ATTORNEY CONFERENCE AND STATUS REPORT.....conference shall take place no later than 1/5/05. Status Report due by 1/20/2005. [see order for specifics] (Signed by Judge Sam A Lindsay on 12/21/04) (cxb, ) (Entered: 12/27/2004)

Dec. 21, 2004

Dec. 21, 2004

8

Unopposed MOTION to Withdraw and Substitute Counsel. Added attorney Jacqueline C Johnson for 24 Hour Fitness USA Inc. Motion Filed by 24 Hour Fitness USA Inc (jrb, ) (Entered: 01/24/2005)

Jan. 19, 2005

Jan. 19, 2005

9

Joint STATUS REPORT by Equal Employment Opportunity Commission, 24 Hour Fitness USA Inc. (jrb, ) (Entered: 01/24/2005)

Jan. 20, 2005

Jan. 20, 2005

10

ORDER granting 8 Motion to Substitute Attorney. (Signed by Judge Sam A Lindsay on 1/20/05) (jrb, ) (Entered: 01/25/2005)

Jan. 20, 2005

Jan. 20, 2005

11

ORDER. The parties are directed to sign a "Consent to Proceed Before a United States Magistrate Judge" form and submit it to the Court no later than 2/7/05. (Signed by Judge Sam A Lindsay on 1/24/05) (jrb, ) (Entered: 01/26/2005)

Jan. 24, 2005

Jan. 24, 2005

12

CONSENT to Magistrate Trial by Equal Employment Opportunity Commission, 24 Hour Fitness USA Inc. (svc, ) (Entered: 02/01/2005)

Jan. 28, 2005

Jan. 28, 2005

13

CONSENT to Magistrate Trial by Equal Employment Opportunity Commission, 24 Hour Fitness USA Inc. (jrb, ) (Entered: 02/01/2005)

Jan. 28, 2005

Jan. 28, 2005

ORDER REASSIGNING CASE. Case reassigned to Judge Paul D Stickney for all further proceedings. Judge Sam A Lindsay no longer assigned to case. (see #13 for image) (Signed by Judge Sam A Lindsay on 1/31/05) (jrb, ) (Entered: 02/01/2005)

Jan. 31, 2005

Jan. 31, 2005

14

SCHEDULING ORDER: Amended Pleadings due by 3/15/2005. Discovery due by 12/30/2005. Pretrial Conference set for 5/16/2006 09:00 AM before Magistrate Judge Paul D Stickney. Joinder of Parties due by 3/15/2005. Jury Trial set for 5/16/2006 09:00 AM before Magistrate Judge Paul D Stickney. Motions due by 1/20/2006. Proposed Pretrial Order due by 3/31/2006. Pretrial Materials due by 3/31/2006. See order for other specifics. (Signed by Judge Paul D Stickney on 2/7/05) (jrb, ) (Entered: 02/07/2005)

Feb. 7, 2005

Feb. 7, 2005

15

NOTICE of Attorney Appearance and Substitution of Counsel by Ronetta J Francis on behalf of Equal Employment Opportunity Commission (jrb, ) (Entered: 04/12/2005)

April 11, 2005

April 11, 2005

16

MOTION for Protective Order, MOTION to Quash and Request for Expedited Review by Equal Employment Opportunity Commission with Incorporated Brief. (jrb, ) (Entered: 04/15/2005)

April 14, 2005

April 14, 2005

18

Unopposed MOTION to Amend/Correct 5 Answer to Complaint by 24 Hour Fitness USA Inc (jrb, ) (Entered: 04/19/2005)

April 14, 2005

April 14, 2005

19

ORDER granting 18 Motion for Leave to File Amended Answer. (Signed by Judge Paul D Stickney on 4/18/05) (grj, ) (Entered: 04/19/2005)

April 18, 2005

April 18, 2005

20

FIRST AMENDED ANSWER to 1 Complaint by 24 Hour Fitness USA Inc. (grj, ) (Entered: 04/19/2005)

April 18, 2005

April 18, 2005

17

ORDER: Motion Hearing set for 4/27/2005 11:00 AM before Magistrate Judge Paul D Stickney on Plaintiff's Motion to Quash, for Protective Order, and for Expedited Review. (Signed by Judge Paul D Stickney on 4/18/05) (grj, ) (Entered: 04/19/2005)

April 19, 2005

April 19, 2005

21

RESPONSE and Brief in Opposition re 16 MOTION for Protective Order MOTION to Quash filed by 24 Hour Fitness USA Inc. (jrb, ) (Entered: 04/26/2005)

April 22, 2005

April 22, 2005

22

Minute Entry for proceedings held before Judge Paul D Stickney : Motion Hearing held on 4/27/05 re 16 Motion for Protective Order, Motion to Quash filed by Equal Employment Opportunity Commission,. (Court Reporter Electronic.) (grj, ) (Entered: 04/28/2005)

April 27, 2005

April 27, 2005

23

Supplemental Document by 24 Hour Fitness USA Inc as to 21 Response in Opposition. (jrb, ) (Entered: 06/13/2005)

June 10, 2005

June 10, 2005

25

ORDER granting 16 Motion for Protective Order, granting 16 Motion to Quash (Signed by Judge Paul D Stickney on 6/27/05) (jrb, ) (Entered: 06/28/2005)

June 27, 2005

June 27, 2005

26

Joint MOTION for Protective Order by Equal Employment Opportunity Commission, 24 Hour Fitness USA Inc (jrb, ) (Entered: 08/18/2005)

Aug. 17, 2005

Aug. 17, 2005

27

Agreed ORDER granting 26 Motion for Protective Order. See order for specifics. (Signed by Judge Paul D Stickney on 8/18/05) (jrb, ) (Entered: 08/18/2005)

Aug. 18, 2005

Aug. 18, 2005

28

Alternative Dispute Resolution Summary filed by Courtenay Lee Bass. (Bass, Courtenay) (Entered: 09/20/2005)

Sept. 20, 2005

Sept. 20, 2005

29

Alternative Dispute Resolution Summary filed by Courtenay Lee Bass. Prv Fee: $2500.00. Disposition: Setled in part as a result of ADR.(Bass, Courtenay) (Entered: 11/15/2005)

Nov. 15, 2005

Nov. 15, 2005

30

CONSENT DECREE; The Consent Decree is made and entered into by and between the Plaintiff, EEOC and Defendant, 24 Hour Fitness, USA, Inc., in the USDC for the Northern District of Texas, Dallas Division, with regard to the EEOC's Complaint, filed on September 28, 2004 - (see order for specifics). (Signed by Judge Paul D Stickney on 11/22/2005) (kdc, ) (Entered: 11/23/2005)

Nov. 22, 2005

Nov. 22, 2005

***Civil Case Terminated. (jrb, ) (Entered: 11/29/2005)

Nov. 22, 2005

Nov. 22, 2005

Case Details

State / Territory: Texas

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: Nov. 22, 2006

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

24 Hour Fitness USA, Inc., Private Entity/Person

Case Details

Causes of Action:

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: 32500

Order Duration: 2005 - 2006

Content of Injunction:

Post/Distribute Notice of Rights / EE Law

Neutral/Positive Reference

Expungement of Employment Record

Discrimination Prohibition

Retaliation Prohibition

Reporting

Provide antidiscrimination training

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Demotion

Discharge / Constructive Discharge / Layoff

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

Promotion

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits