Case: EEOC v. Heartway Corp., d/b/a Avalon Place

5:02-cv-00081 | U.S. District Court for the Western District of Texas

Filed Date: Jan. 25, 2002

Closed Date: July 23, 2003

Clearinghouse coding complete

Case Summary

In January 2002, the EEOC district office in San Antonio, Texas brought this suit against the Heartway Corporation in the U.S. District Court for the Western District of Texas. The complaint is currently unavailable. After one year of amending answers and holding only one scheduling conference, the parties entered a settlement agreement in July of 2003. The agreement is currently unavailable.

Summary Authors

Jason Chester (6/4/2007)

Documents in the Clearinghouse

Document

5:02-cv-00081

Docket

EEOC v. Heartway Corp.

July 23, 2003

July 23, 2003

Docket
44

5:02-cv-00081

Final Judgment Order

EEOC v. Heartway Corp.

July 23, 2003

July 23, 2003

Order/Opinion

Resources

Docket

Last updated March 14, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link

Case assigned to Honorable H. F. Garcia (ep) (Entered: 01/29/2002)

Jan. 25, 2002

Jan. 25, 2002

1

Complaint filed. Filing Fee: $ 00000.00 Receipt # 00000 (Pages: 5) (ep) (Entered: 01/29/2002)

Jan. 25, 2002

Jan. 25, 2002

1

Demand for jury trial by Equal Employment Opportunity commission. (ep) (Entered: 01/29/2002)

Jan. 25, 2002

Jan. 25, 2002

Case reassigned from Honorable H. F. Garcia to Honorable Docket IV (mj) (Entered: 02/07/2002)

Jan. 28, 2002

Jan. 28, 2002

2

Order reassigning case to Docket IV. (mj) (Entered: 02/09/2002)

Jan. 28, 2002

Jan. 28, 2002

3

Waiver of Service by Heartway Corp.; Notice and Request Mailed on 2/12/02; Answer due on 4/15/02 for Heartway Corp. (rg1) (Entered: 03/18/2002)

March 15, 2002

March 15, 2002

4

Answer by Heartway Corp. (rg1) (Entered: 04/16/2002)

April 12, 2002

April 12, 2002

5

Order that the plaintiff shall submit a proposed scheduling order to the Court by 6/12/02. (rg1) (Entered: 04/22/2002)

April 19, 2002

April 19, 2002

6

Notice of right to consent to disposition of a civil case by a U.S. Magistrate. Parties are to sumbmit appropriate election form within 30 days of the date of this Order. (rg1) (Entered: 04/22/2002)

April 19, 2002

April 19, 2002

7

Non-consent to proceed before a U.S. Magistrate by Equal Employment (rg1) (Entered: 05/17/2002)

May 16, 2002

May 16, 2002

8

Non-consent to proceed before a U.S. Magistrate by Heartway Corp. (rg1) (Entered: 05/21/2002)

May 20, 2002

May 20, 2002

9

Joint Submission of Recommendations for scheduling order by Equal Employment, Heartway Corp. (rg1) (Entered: 05/29/2002)

May 28, 2002

May 28, 2002

10

Report of Parties' Rule 26(f) Joint Discovery/Case Management Plan by Equal Employment, Heartway Corp. (rg1) (Entered: 05/29/2002)

May 28, 2002

May 28, 2002

11

Scheduling order setting Alternate Dispute Resolution Report due by 7/5/02; Joining of parties, amending of pleadings on 9/9/02; Discovery cutoff 1/7/03; Deadline for filing of all motions 2/14/03; Jury Selection set for 9:00 5/19/03; Jury trial set for 9:00 5/19/03. (rg1) (Entered: 06/03/2002)

May 31, 2002

May 31, 2002

13

Alternate Dispute Resolution Report filed by Equal Employment, Party(s) agree to Alternate Dispute Resolution (rg1) (Entered: 07/08/2002)

July 5, 2002

July 5, 2002

14

Designation of Potential Witnesses, Exhibit and Expert List by Equal Employment (rg1) (Entered: 07/19/2002)

July 19, 2002

July 19, 2002

15

Combined Witness, Exhibit and Expert List by Heartway Corp. (rg1) (Entered: 08/27/2002)

Aug. 26, 2002

Aug. 26, 2002

Received "Defendant's First Amended Original Answer". (fe) (Entered: 09/11/2002)

Sept. 9, 2002

Sept. 9, 2002

16

Motion by Heartway Corp. for leave to file defendant's amended answer (rg1) (Entered: 09/16/2002)

Sept. 16, 2002

Sept. 16, 2002

17

Supplement filed by Heartway Corp. of Potential Witnesses, Potential Testifying Experts, and Proposed Trial Exhibits [15-1] (rg1) (Entered: 09/16/2002)

Sept. 16, 2002

Sept. 16, 2002

18

Order granting motion for leave to file defendant's amended answer [16-1] (rg1) (Entered: 10/11/2002)

Oct. 10, 2002

Oct. 10, 2002

19

First Amended answer by Heartway Corp. : answer [4-1] (rg1) (Entered: 10/11/2002)

Oct. 10, 2002

Oct. 10, 2002

20

Opposed Motion by Equal Employment for leave to file first amended complaint [1-1] (rg1) (Entered: 11/26/2002)

Nov. 25, 2002

Nov. 25, 2002

21

Expedited Motion by Equal Employment for protective order , to quash subpoena duces tecum of EEOC Investigator Mark Stangle (rg1) (Entered: 12/12/2002)

Dec. 11, 2002

Dec. 11, 2002

22

Supplement filed by Equal Employment Re: motion for protective order [21-1], motion to quash subpoena duces tecum of EEOC Investigator Mark Stangle [21-2] (rg1) (Entered: 12/18/2002)

Dec. 17, 2002

Dec. 17, 2002

23

First Supplemental Designation of Potential Witnesses, Proposed Exhibits and Testifying Experts by Equal Employment (rg1) (Entered: 01/08/2003)

Jan. 7, 2003

Jan. 7, 2003

24

Unopposed Motion by Equal Employment to substitute attorney Judith G. Taylor in place of Cynthia M. Cano (rg1) (Entered: 01/21/2003)

Jan. 17, 2003

Jan. 17, 2003

25

Opposed Motion by Equal Employment to extend dispositive motions filing date and trial date setting (rg1) (Entered: 01/22/2003)

Jan. 21, 2003

Jan. 21, 2003

26

Order granting motion to substitute attorney Judith G. Taylor in place of Cynthia M. Cano [24-1] signed by Honorable Orlando L. Garcia (rg1) (Entered: 01/28/2003)

Jan. 27, 2003

Jan. 27, 2003

27

Order signed by Honorable Orlando L. Garcia that plaintiff's motion to substitute new counsel is granted. Judith G. Taylor is substituted as attorney of record and Cynthia M. Cano is withdrawn. (rg1) (Entered: 01/28/2003)

Jan. 27, 2003

Jan. 27, 2003

28

Order granting motion for leave to file first amended complaint [1-1] [20-1] signed by Honorable Orlando L. Garcia (rg1) (Entered: 01/28/2003)

Jan. 27, 2003

Jan. 27, 2003

30

Amended complaint by Equal Employment , amending complaint [1-1] 5 pages ) (rg1) (Entered: 01/28/2003)

Jan. 27, 2003

Jan. 27, 2003

30

Demand for jury trial by Equal Employment (rg1) (Entered: 01/28/2003)

Jan. 27, 2003

Jan. 27, 2003

31

Letter/Correspondence submitted by Heartway Corp. regarding : inopposition to plaintiff's motion for extension of dispositive motions filing date. (rg1) (Entered: 02/19/2003)

Feb. 18, 2003

Feb. 18, 2003

32

Unopposed Motion by Equal Employment to amend designation of potential witnesses, testifying experts, trial exhibits [23-1] (rg1) (Entered: 03/06/2003)

March 5, 2003

March 5, 2003

34

Order reassigning case to U. S. District Court Judge W. Royal Furgeson. signed by Honorable James R. Nowlin (rg1) (Entered: 03/12/2003)

March 7, 2003

March 7, 2003

Case reassigned from Honorable Docket IV to Hon. W. R. Furgeson Jr. (rg1) (Entered: 03/12/2003)

March 7, 2003

March 7, 2003

33

Order of Continuance and Notice of Docket Call setting docket call to 9:00 6/6/03 signed by Hon. W. R. Furgeson Jr. - trial setting to be reset a docket call. (rg1) (Entered: 03/11/2003)

March 10, 2003

March 10, 2003

35

Order granting unopposed motion to amend designation of potential witnesses, testifying experts, trial exhibits [23-1] [32-1] signed by Hon. W. R. Furgeson Jr. (rg1) (Entered: 03/24/2003)

March 21, 2003

March 21, 2003

36

Amended Designation of Potential Witnesses, Exhibit and Expert List by Equal Employment (rg1) (Entered: 03/24/2003)

March 21, 2003

March 21, 2003

37

Order granting motion to extend dispositive motions filing date and trial date setting [25-1] resetting Jury selection to 9:00 6/16/03 , resetting Jury trial to 9:00 6/16/03 signed by Hon. W. R. Furgeson Jr. (rg1) (Entered: 04/01/2003)

March 31, 2003

March 31, 2003

38

Order Vacating Notice of Docket Call - signed by Hon. W. R. Furgeson Jr. (rg1) (Entered: 04/24/2003)

April 23, 2003

April 23, 2003

39

Order setting status conference to 10:00 6/25/03 signed by Hon. W. R. Furgeson Jr. (rg1) (Entered: 05/08/2003)

May 7, 2003

May 7, 2003

40

Order Clarifying Purpose of Status Conferences signed by Hon. W. R. Furgeson Jr. (rg1) (Entered: 05/15/2003)

May 14, 2003

May 14, 2003

41

Notice of Pending Settlement by Equal Employment, Heartway Corp. (rg1) (Entered: 06/27/2003)

June 25, 2003

June 25, 2003

Status conference held. Parties have reached settlement. Settlement papers will be submitted to the Court. (rg1) (Entered: 06/27/2003)

June 25, 2003

June 25, 2003

42

Minutes of proceedings for Status Conference conducted on 06/25/03 by Judge Furgeson. Court Reporter: Denver Roden (rg1) (Entered: 06/27/2003)

June 25, 2003

June 25, 2003

43

Joint motion by Equal Employment, Heartway Corp. to enter settlement agreement (settlement agreement attached) (rg1) Modified on 07/18/2003 (Entered: 07/18/2003)

July 16, 2003

July 16, 2003

44

Final Judgment Order Entering Settlement Agreement signed by Hon. W. R. Furgeson Jr. (Pages: 1). (rg1) (Entered: 07/24/2003)

July 23, 2003

July 23, 2003

Case closed (rg1) (Entered: 07/24/2003)

July 23, 2003

July 23, 2003

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Jan. 25, 2002

Closing Date: July 23, 2003

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

Heartway Corp., Private Entity/Person

Case Details

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

Discrimination-area:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits