Case: EEOC v. MIKE ALBERT LEASING INCORPORATED

4:06-cv-03062 | U.S. District Court for the Southern District of Texas

Filed Date: Sept. 29, 2006

Closed Date: 2012

Clearinghouse coding complete

Case Summary

The Houston office of the EEOC brought this suit against Mike Albert Leasing Inc., in September 2006, in the U.S. District Court for the Southern District of Texas. The complaint alleged that Mike Albert Leasing fired the complainant due to his age, in violation of the Age Discrimination in Employment Act. After some discovery and a failed motion by the defendant for summary judgment, the parties settled the case by entry of a consent decree in February 2008.The consent decree, which was in e…

The Houston office of the EEOC brought this suit against Mike Albert Leasing Inc., in September 2006, in the U.S. District Court for the Southern District of Texas. The complaint alleged that Mike Albert Leasing fired the complainant due to his age, in violation of the Age Discrimination in Employment Act. After some discovery and a failed motion by the defendant for summary judgment, the parties settled the case by entry of a consent decree in February 2008.

The consent decree, which was in effect for four years, had non-discrimination and non-retaliation clauses, requiring the posting of a notice regarding discrimination, and requiring annual training for all employees, including extra training on the requirements of federal anti-discrimination law and the consequences of violation for supervisory employees. Additionally, the decree required Mike Albert Leasing to remove all documents related to the complaint or the lawsuit from the complainant's personnel file and to pay $100,000.00 in settlement of the claims. If the EEOC found Mike Albert Leasing in breach of the decree, it would give Mike Albert Leasing 30 days to remedy the non-monetary portions of the decree or 5 days to remedy the monetary portions, after which it could seek court enforcement of the decree, including possible sanctions.

After the consent decree was ordered, a Motion to Reinstate Plea in Intervention was filed and ultimately denied. There is no other activity on the docket sheet, so presumably this case closed in 2012.

Summary Authors

Kevin Wilemon (6/2/2008)

Rachel Barr (5/4/2018)


Attorneys(s) for Plaintiff

Gatlin, Connie Wilhite (Texas)

McFerren, Aimee Lynn (Texas)

Attorneys(s) for Defendant

Smith, Patrick Nichols (Texas)

Stepaniak, Mark J (Ohio)

Other Attorney(s)

Active

Active

Attorneys(s) for Plaintiff

Gatlin, Connie Wilhite (Texas)

McFerren, Aimee Lynn (Texas)

Attorneys(s) for Defendant

Smith, Patrick Nichols (Texas)

Stepaniak, Mark J (Ohio)

Other Attorney(s)

Beller, Michael Carl (Texas)

McCormick, Andrew Phelps (Texas)

Documents in the Clearinghouse

Document

Docket (PACER)

EEOC v. Mike Albert Leasing, Inc.

Nov. 20, 2009 Docket
1

Complaint

EEOC v. Mike Albert Leasing, Inc.

Sept. 29, 2006 Complaint
21

Plea in Intervention

EEOC v. Mike Albert Leasing, Inc.

Jan. 22, 2007 Complaint
42

Order

EEOC v. Mike Albert Leasing, Inc.

Aug. 8, 2007 Order/Opinion
55

Order [re: Summary Judgment]

EEOC v. Mike Albert Leasing, Inc.

Dec. 3, 2007 Order/Opinion
58

Order of Dismissal

EEOC v. Mike Albert Leasing, Inc.

Dec. 6, 2007 Order/Opinion
59-2

Consent Decree

EEOC v. Mike Albert Leasing, Inc.

Feb. 21, 2008 Settlement Agreement

Docket

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

ECF Number Description Date Link
1

COMPLAINT against Mike Albert Leasing Inc (Filing fee $ 350) filed by Equal Employment Opportunity Commission.(bdaniel, ) Additional attachment(s) added on 10/2/2006 (hler, ). (Entered: 09/29/2006)

Sept. 29, 2006

Summons Issued as to Mike Albert Leasing Inc , filed.(bdaniel, ) (Entered: 09/29/2006)

Sept. 29, 2006
2

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/13/2006 at 10:00 AM in Courtroom 702 before Magistrate Judge Stephen Smith. ( Signed by Judge David Hittner ) Parties notified. (bdaniel, ) (Entered: 09/29/2006)

Sept. 29, 2006

Fee waived re: 1 Complaint , filed. (agould, ) (Entered: 10/03/2006)

Oct. 3, 2006
3

CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opportunity Commission, filed.(McFerren, Aimee) (Entered: 10/06/2006)

Oct. 6, 2006
4

MOTION for Mark J Stepaniak to Appear Pro Hac Vice by Mike Albert Leasing Inc, filed. Motion Docket Date 11/20/2006. (sbyrum, ) (Entered: 11/02/2006)

Oct. 31, 2006
5

MOTION for Rachel Zahniser to Appear Pro Hac Vice by Mike Albert Leasing Inc, filed. Motion Docket Date 11/20/2006. (sbyrum, ) (Entered: 11/02/2006)

Oct. 31, 2006
6

PROPOSED ORDER on Motion to Transfer Venue (Motion not on file at this time) , filed.(chorace, ) (Entered: 11/03/2006)

Nov. 2, 2006
7

ANSWER to Complaint by Mike Albert Leasing Inc, filed.(ypippin, ) (Entered: 11/06/2006)

Nov. 2, 2006
8

CERTIFICATE OF INTERESTED PARTIES by Mike Albert Leasing Inc, filed.(ypippin, ) (Entered: 11/06/2006)

Nov. 2, 2006
9

MOTION to Transfer Venue to Southern District Of Ohio by Mike Albert Leasing Inc, filed. Motion Docket Date 11/22/2006. (ypippin, ) (Entered: 11/06/2006)

Nov. 2, 2006
10

ORDER granting 4 Motion to Appear Pro Hac Vice on behalf of Mark J. Stepaniak .( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 11/08/2006)

Nov. 7, 2006
11

ORDER granting 5 Motion to Appear Pro Hac Vice on behalf of Rachel S. Zahniser.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 11/08/2006)

Nov. 7, 2006
12

RESPONSE to 9 MOTION to Transfer Case to Southern District Of Ohio, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit # 2 Proposed Order # 3)(McFerren, Aimee) (Entered: 11/21/2006)

Nov. 21, 2006
14

MOTION for Leave to File Memorandum in Support of Motion to Transfer Venue by Mike Albert Leasing Inc, filed. Motion Docket Date 12/26/2006. (Attachments: # 1 Proposed Order)(sbyrum, ) (Entered: 12/06/2006)

Dec. 5, 2006
15

REPLY Memorandum in Support of 9 MOTION to Transfer Case to Southern District Of Ohio, filed by Mike Albert Leasing Inc. (sbyrum, ) (Entered: 12/06/2006)

Dec. 5, 2006
16

SUPPLEMENTAL Declaration of Michael T Hardesty by Mike Albert Leasing Inc, filed.(sbyrum, ) (Entered: 12/06/2006)

Dec. 5, 2006
17

ORDER granting 14 Motion for Leave to File Reply Memorandum.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 12/07/2006)

Dec. 6, 2006
18

SURREPLY to 9 MOTION to Transfer Case to Southern District Of Ohio, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(McFerren, Aimee) (Entered: 12/11/2006)

Dec. 11, 2006
19

Minute Entry for proceedings held before Judge Stephen Wm Smith. SCHEDULING CONFERENCE held on 12/13/2006. Scheduling order issued. Appearances: Aimee Lynn McFerren, Patrick Nichols Smith, Rachel S Zahniser.(ERO:C. Peebles), filed.(jmarchand) (Entered: 12/13/2006)

Dec. 13, 2006
20

SCHEDULING ORDER: Trial Term: January/February 2008. ETT: 4 days. Jury trial. Amended Pleadings due by 4/2/2007. Joinder of Parties due by 2/1/2007. Pltf Expert Witness List due by 3/1/2007. Deft Expert Witness List due by 4/2/2007. Discovery due by 9/28/2007. Dispositive Motion Filing due by 10/19/2007. Non−Dispositive Motion Filing due by 10/19/2007. Joint Pretrial Order due by 12/28/2007.( Signed by Judge Stephen Wm Smith ) Parties notified.(jmarchand) (Entered: 12/13/2006)

Dec. 13, 2006
21

INTERVENOR COMPLAINT against Mike Albert Leasing Inc filed by Michael C. Beller.(pawilliams, ) (Entered: 01/23/2007)

Jan. 22, 2007
22

MOTION to Strike Plea in Intervention by all defendants, filed. Motion Docket Date 2/20/2007. (Smith, Patrick) (Entered: 01/29/2007)

Jan. 29, 2007
23

MOTION for Protective Order by all defendants, filed. Motion Docket Date 2/26/2007. (Smith, Patrick) (Entered: 02/06/2007)

Feb. 6, 2007
24

Proposed Agreed Protective Order by all defendants, filed. (Smith, Patrick) Modified on 2/16/2007 (ltien, ). (Entered: 02/06/2007)

Feb. 6, 2007
25

AGREED PROTECTIVE ORDER.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 02/08/2007)

Feb. 7, 2007
26

ORDER denying 9 Motion to Transfer Case ; denying 22 Motion to Strike Plea in Intervention.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 02/23/2007)

Feb. 21, 2007
27

NOTICE of attorney substitution by Equal Employment Opportunity Commission. Attorney Connie K. Wilhite added. Attorney Aimee Lynn McFerren terminated, filed. (kosborne, ) (Entered: 07/12/2007)

July 11, 2007
28

Plaintiff's Objection to and Motion for Protection from Defendant's Cross−Notice of Defendant's Party Witness Mike Hardesty by Equal Employment Opportunity Commission, filed. Motion Docket Date 8/6/2007. (Attachments: # 1 Exhibit A−N# 2 Proposed Order)(rvazquez, ) (Entered: 07/17/2007)

July 17, 2007
29

ORDER Striking Document re: 28 MOTION for Protective Order. Document not in 14 point font.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 07/19/2007)

July 18, 2007
30

PLAINTIFF'S Objection to and Motion for Protection from Defendant's Cross−Notice of Defendant's Party Witness Mike Hardesty by Equal Employment Opportunity Commission, filed. Motion Docket Date 8/8/2007. (Attachments: # 1 Proposed Order)(pcrawford, ) (Entered: 07/20/2007)

July 19, 2007
32

MOTION for Protective Order and RESPONSE to Plaintiff's 30 MOTION for Protection by Mike Albert Leasing Inc, filed. Motion Docket Date 8/27/2007. (Attachments: # 1 Exhibit Exhibit List# 2 Exhibit Exhibits 1−10A# 3 Exhibit Exhibits 11−20# 4 Exhibit Exhibits 21−25)(Smith, Patrick) Linked to #30 on 8/15/2007 (ltien, ). (Entered: 08/06/2007)

Aug. 6, 2007
33

PROPOSED ORDER re: 32 MOTION for Protective Order, filed.(Smith, Patrick) (Entered: 08/06/2007)

Aug. 6, 2007
34

PROPOSED ORDER re: 30 MOTION PLAINTIFF'S Objection to and Motion for Protection from Defendant's Cross−Notice of Defendant's Party Witness Mike Hardesty, filed.(Smith, Patrick) (Entered: 08/06/2007)

Aug. 6, 2007
35

MOTION to Compel Depositions, MOTION to Expedite Hearing on Motions by Equal Employment Opportunity Commission, filed. Motion Docket Date 8/27/2007. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit Exhibit E# 6 Exhibit Exhibit F# 7 Exhibit Exhibit G# 8 Exhibit Exhibit H# 9 Exhibit Exhibit I# 10 Exhibit Exhibit J# 11 Exhibit Exhibit K# 12 Exhibit Exhibit L# 13 Exhibit Exhibit M# 14 Exhibit Exhibit N# 15 Exhibit Exhibit O# 16 Exhibit Exhibit P# 17 Proposed Order Proposed Order −− Mtn to Expedite# 18 Proposed Order Proposed Order −− Mtns Compel/Protection)(Wilhite, Connie) (Entered: 08/06/2007)

Aug. 6, 2007
36

RESPONSE to 35 MOTION to Compel Depositions MOTION to Expedite Hearing on Motions, filed by Mike Albert Leasing Inc. (Smith, Patrick) (Entered: 08/06/2007)

Aug. 6, 2007
37

PROPOSED ORDER re: 36 Response to Motion, filed.(Smith, Patrick) (Entered: 08/06/2007)

Aug. 6, 2007
38

Corrected PROPOSED ORDER re: 36 Response to Motion, filed.(Smith, Patrick) (Entered: 08/06/2007)

Aug. 6, 2007
39

ORDER 32 MOTION for Protective Order, MOTIONS REFERRED to Magistrate Judge Stephen Wm Smith: 32 MOTION for Protective Order.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 08/07/2007)

Aug. 6, 2007
40

ORDER 35 MOTION to Compel Depositions MOTION to Expedite Hearing on Motions, MOTIONS REFERRED to Magistrate Judge Stephen Wm Smith: 35 MOTION to Compel Depositions MOTION to Expedite Hearing on Motions.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 08/08/2007)

Aug. 7, 2007
41

NOTICE OF WITHDRAWAL OF COUNSEL by Mike Albert Leasing Inc, filed. (Smith, Patrick) (Entered: 08/08/2007)

Aug. 8, 2007
42

ORDER granting 35 Motion to Compel; granting 35 Motion to Expedite; granting in part and denying in part 30 Motion for Protection; denying 32 Motion for Protective Order. ( Signed by Judge Stephen Wm Smith ) Parties notified. (jmarchand) (Entered: 08/08/2007)

Aug. 8, 2007
43

MOTION to Enforce Court's Order of August 8, 2007 by Mike Albert Leasing Inc, filed. Motion Docket Date 9/12/2007. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Proposed Order)(Smith, Patrick) (Entered: 08/23/2007)

Aug. 23, 2007
44

MOTION to Withdraw 43 MOTION to Enforce Court's Order of August 8, 2007 by Mike Albert Leasing Inc, filed. Motion Docket Date 9/18/2007. (Smith, Patrick) (Entered: 08/29/2007)

Aug. 29, 2007
45

PROPOSED ORDER re: 44 MOTION to Withdraw 43 MOTION to Enforce Court's Order of August 8, 2007, filed.(Smith, Patrick) (Entered: 08/29/2007)

Aug. 29, 2007
46

ORDER granting 44 Motion to Withdraw Defendant's Motion to Enforce the Court's August 8, 2007 Order.( Signed by Judge David Hittner ) Parties notified.(ealexander, )

Aug. 30, 2007
48

Concise Summary in Support of 47 MOTION for Complete Summary Judgment by Mike Albert Leasing Inc, filed. (Smith, Patrick) Modified on 10/25/2007 (ltien, ). (Entered: 10/19/2007)

Oct. 19, 2007
49

RESPONSE in Opposition to 47 MOTION for Complete Summary Judgment, filed by Equal Employment Opportunity Commission. (Wilhite, Connie) Modified on 11/9/2007 (sbyrum, ). (Entered: 11/08/2007)

Nov. 8, 2007
50

Exhibits to RESPONSE in Opposition to 47 MOTION for Complete Summary Judgment, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit B: Reynders Deposition# 2 Exhibit D: Fitzgerald Deposition# 3 Exhibit E: Betagole Deposition# 4 Exhibit F: Johnson Deposition# 5 Exhibit G: Pohl Deposition# 6 Exhibit H: Kassner Affidavit)(Wilhite, Connie) Modified on 11/9/2007 (sbyrum, ). (Entered: 11/09/2007)

Nov. 9, 2007
51

Concise Summary of Plaintiff's 49 RESPONSE to 47 MOTION for Summary Judgment, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order Denying Defendant's MSJ)(Wilhite, Connie) Linked to #47 on 11/13/2007 (ltien, ). (Entered: 11/09/2007)

Nov. 9, 2007
52

EXHIBITS re: 49 Response in Opposition to Motion by Equal Employment Opportunity Commission, filed. (Attachments: # 1 Exhibit A, Part 2# 2 Exhibit A, Part 3# 3 Exhibit C, Part 1# 4 Exhibit C, Part 2)(Wilhite, Connie) (Entered: 11/09/2007)

Nov. 9, 2007
53

Supplemental RESPONSE to 47 MOTION for Summary Judgment by Equal Employment Opportunity Commission, filed. (Attachments: # 1 Proposed Order Granting Leave, If Necessary)(Wilhite, Connie) Linked to #47 on 11/16/2007 (ltien, ). (Entered: 11/14/2007)

Nov. 14, 2007
54

REPLY to Response to 47 MOTION for Complete Summary Judgment, filed by Mike Albert Leasing Inc. (Attachments: # 1 Exhibit A)(Smith, Patrick) (Entered: 11/30/2007)

Nov. 30, 2007
55

ORDER denying 47 Motion for Summary Judgment.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 12/03/2007)

Dec. 3, 2007
56

ORDER that the parties are to exchange all trial exhibits on or before December 28, 2007.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 12/05/2007)

Dec. 4, 2007
57

ORDER, ETT: 4 day trial. jury trialPretrial Conference set for 12/12/2007 at 09:45 AM in Courtroom 8A before Judge David Hittner.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 12/05/2007)

Dec. 5, 2007
58

ORDER OF DISMISSAL. Case terminated on December 6, 2007.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 12/06/2007)

Dec. 6, 2007
59

Agreed MOTION for Entry of Order re: AGREED CONSENT DECREE by Equal Employment Opportunity Commission, filed. Motion Docket Date 3/11/2008. (Attachments: # 1 Proposed Order Agreed Consent Decree# 2 Appendix Attachment A to Agreed Consent Decree)(Wilhite, Connie) (Entered: 02/20/2008)

Feb. 20, 2008
60

Consent Decree.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 02/22/2008)

Feb. 21, 2008

$33,333.33 was deposited into the Court registry. Receipt number 589409 re: 60 Order, filed. (knguyen, ) (Entered: 02/25/2008)

Feb. 25, 2008
61

MOTION to Reinstate Plea in Intervention by Michael C. Beller, filed. Motion Docket Date 3/18/2008. (Attachments: # 1 Exhibit A# 2 Proposed Order Order)(McCormick, Andrew) (Entered: 02/27/2008)

Feb. 27, 2008
63

RESPONSE in Opposition to 62 MOTION to Reinstate Plea in Intervention, 61 MOTION to Reinstate Plea in Intervention, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order Denying Motion to Reinstate Plea in Intervention)(Wilhite, Connie) (Entered: 03/14/2008)

March 14, 2008
64

ORDER denying 61 Motion to Reinstate; denying 62 Motion to Reinstate.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 03/18/2008)

March 17, 2008
65

Unopposed MOTION for Withdrawal of Funds by Michael C. Beller, filed. Motion Docket Date 5/11/2009. (Attachments: # 1 Release, # 2 Assignment of Interest)(McCormick, Andrew) (Entered: 04/20/2009)

April 20, 2009
66

ORDER granting 65 Motion for Withdrawal of Funds.(Signed by Judge David Hittner) Parties notified.(ealexander, ) (Entered: 04/23/2009)

April 22, 2009
67

Mail Returned Undeliverable as to attorney Michael Carl Beller re: 66 Order on Motion for Withdrawal of Funds, filed. (unable to frwd) (hler, ) (Entered: 04/29/2009)

April 29, 2009

Disbursement of Registry Funds to Michael C Beller in the amount of $33,653.58 on 4/30/2009 re: 66 Order on Motion for Withdrawal of Funds, filed. (knguyen, ) (Entered: 05/05/2009)

April 30, 2009
68

DOCKETED IN WRONG CASE. MOTION for Edward R Young to Appear Pro Hac Vice by Guardsmark, LLC, filed. Motion Docket Date 11/30/2009. (jewilliams, ) Modified on 11/13/2009 (jewilliams, ). (Entered: 11/11/2009)

Nov. 9, 2009
69

ORDER granting 68 Motion to Appear Pro Hac Vice on behalf of Edward R. Young.(Signed by Judge David Hittner) Parties notified.(ealexander, ) (Entered: 11/13/2009)

Nov. 12, 2009
70

Mail Returned Undeliverable as to attorney Michael Carl Beller re: 69 Order on Motion to Appear Pro Hac Vice, filed. (sjones, ) (Entered: 11/20/2009)

Nov. 20, 2009

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 29, 2006

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Mike Albert Leasing Inc. (Houston, Texas), Private Entity/Person

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

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: 100000

Order Duration: 2008 - 2012

Content of Injunction:

Discrimination Prohibition

Expungement of Employment Record

Retaliation Prohibition

Provide antidiscrimination training

Post/Distribute Notice of Rights / EE Law

Reporting

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit