Case: EEOC v. MCCALL-TL LTD (d/b/a STERLING MCCALL LEXUS)

4:01-cv-02401 | U.S. District Court for the Southern District of Texas

Filed Date: July 17, 2001

Closed Date: July 17, 2002

Clearinghouse coding complete

Case Summary

In July 2001, the Houston office of the EEOC brought this Title VII suit against McCall-TL Ltd. (d/b/a Sterling McCall Lexus) and Group 1 Automotive in the U.S. District Court for the Southern District of Texas. The complaint alleged that the defendant discriminated against the claimant because of his race (African-American). More specifically, the defendant failed to promote the claimant to the position of Used Car Salesman Manager, and instead promoted a less qualified, non-African American s…

In July 2001, the Houston office of the EEOC brought this Title VII suit against McCall-TL Ltd. (d/b/a Sterling McCall Lexus) and Group 1 Automotive in the U.S. District Court for the Southern District of Texas. The complaint alleged that the defendant discriminated against the claimant because of his race (African-American). More specifically, the defendant failed to promote the claimant to the position of Used Car Salesman Manager, and instead promoted a less qualified, non-African American subordinate of the claimant. After both of the defendant's partial motions for summary judgment were denied, the case settled by entry of a consent decree in July 2002.

The two year consent decree required the defendant to pay the claimant $70,000 in back pay and compensatory damages, refrain from discrimination and retaliation, provide annual training for managers, expunge the claimant's record, provide positive references for the claimant, and give the EEOC reports of compliance every six months.

Summary Authors

Kevin Wilemon (7/13/2007)

People


Judge(s)

Stacy, Frances H. (Texas)

Judge(s)

Stacy, Frances H. (Texas)

Documents in the Clearinghouse

Document

Docket

EEOC v. McCall-TL Ltd [PACER]

July 17, 2002 Docket
13

Order Denying Motion for Partial Dismissal

EEOC v. McCall-TL, Ltd. d/b/a/ Sterling McCall Lexus

Sept. 21, 2001 Order/Opinion
32

Order Denying Motion for Partial Summary Judgment

EEOC v. McCall-TL Ltd. d/b/a Sterling McCall Lexus

April 30, 2002 Order/Opinion
38

Consent Decree

EEOC v. McCall-TL, Ltd., d/b/a Sterling McCall Lexus

July 18, 2002 Settlement Agreement

Docket

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

ECF Number Description Date Link

1 SUMMONS issued (hlerma) (Entered: 03/28/2002)

March 28, 2001
1

COMPLAINT by Equal Employment Opportunity Commission filed; (lfilmore) (Entered: 07/17/2001)

July 17, 2001
2

Order setting Initial Pretrial and Scheduling Conference on 9:00 10/2/01 before Judge Frances H Stacy and Order to Disclose Interested Persons, filed. () Parties notified. (lfilmore) Modified on 07/20/2001 (Entered: 07/17/2001)

July 17, 2001

1 SUMMONS issued for McCall-TL Ltd (bchurchill) (Entered: 07/18/2001)

July 17, 2001
3

RETURN OF SERVICE executed as to McCall-TL Ltd 7/18/01 filed Answer due on 8/7/01 for McCall-TL Ltd (psmith) (Entered: 07/20/2001)

July 20, 2001
4

ORDER scheduling conference for 9:00 12/4/01 before Magistrate Judge Frances H. Stacy , entered; Parties notified. ( signed by Magistrate Judge Frances H. Stacy ) (mlerma) (Entered: 07/23/2001)

July 23, 2001
5

CERTIFICATE OF INTERESTED PARTIES by EEOC , filed. (mlerma) (Entered: 07/25/2001)

July 25, 2001
6

UNOPPOSED MOTION to extend time to answer or otherwise plead , by McCall-TL Ltd, Motion Docket Date 8/27/01 [6-1] motion , filed. (psmith) (Entered: 08/07/2001)

Aug. 7, 2001
7

ANSWER to Original Complaint by Deft McCall-TL Ltd, filed (fmremp) (Entered: 08/14/2001)

Aug. 14, 2001
8

MOTION with Memorandum in support for partial summary judgment by Deft McCall-TL Ltd, Motion Docket Date 9/3/01 [8-1] motion , filed (fmremp) (Entered: 08/14/2001)

Aug. 14, 2001
9

ORDER granting [6-1] motion to extend time to answer or otherwise plead answer due for 8/14/01 for McCall-TL Ltd , entered; Parties notified. ( signed by Judge Melinda Harmon ) (mlerma) (Entered: 08/21/2001)

Aug. 20, 2001
11

MOTION for leave to file reply memorandum by McCall-TL Ltd, Motion Docket Date 10/9/01 [11-1] motion , filed. (fmremp) (Entered: 09/19/2001)

Sept. 19, 2001
12

REPLY to pltf's response in opposition to [8-1] motion for partial dismissal , filed (fmremp) (Entered: 09/20/2001)

Sept. 19, 2001
13

ORDER that Deft's motion for partial dismissal is DENIED; Deft is granted leave to move to enforce the alleged arbitration agreement or for summary judgment with properly authenticated evidence, entered; Parties notified. ( signed by Judge Melinda Harmon ) (fmremp) (Entered: 09/21/2001)

Sept. 20, 2001
14

ORDER entered: Defts [11-1] motion for leave to file reply memorandum is MOOT. Deft may submit its brief and authenticated evidence with an appropriate motion to enforce the alleged arbitration agreement or for summary judgment, as indicated. Parties notified. ( signed by Judge Melinda Harmon ) (psmith) (Entered: 09/25/2001)

Sept. 24, 2001
15

MOTION for partial summary judgment by McCall-TL Ltd, Motion Docket Date 10/30/01 [15-1] motion , filed. (fmremp) (Entered: 10/11/2001)

Oct. 10, 2001
16

RESPONSE by EEOC in opposition to Defendant's [15-1] motion for partial summary judgment , filed (fmremp) (Entered: 10/24/2001)

Oct. 24, 2001
17

MOTION to enroll counsel of record by McCall-TL Ltd, Motion Docket Date 12/6/01 [17-1] motion , filed. (ckrus) (Entered: 11/20/2001)

Nov. 16, 2001
18

CERTIFICATE OF INTERESTED PARTIES by McCall-TL Ltd , filed. (ckrus) (Entered: 11/20/2001)

Nov. 16, 2001
19

Report of Meeting and Joint Discovery/Case Management Plan by McCall-TL Ltd, EEOC , filed. (fmremp) (Entered: 11/26/2001)

Nov. 23, 2001

Rec'd and frwd to CRD: letter from Ralph J. Zatzkis to court asking to participate in the scheduling conference scheduled for 12/04/01 at 9:00 a.m. by telephone. (fmremp) (Entered: 11/29/2001)

Nov. 27, 2001
20

AMENDED UNOPPOSED MOTION to enroll Ralph J. Zatzkis as counsel of record by McCall-TL Ltd, Motion Docket Date 12/23/01 [20-1] motion , filed. (fmremp) Modified on 12/03/2001 (Entered: 12/03/2001)

Dec. 3, 2001
23

Minute Entry Order: Scheduling Conference held. Apps: T Bowne f/pltf, R Zatzkis by phone f/deft. Docket Control Order entered. Ct Reporter: B White Tape Number:#1 1305 , entered. Parties ntfd. ( Signed by BW for Magistrate Judge Frances H. Stacy ) (amaly) Modified on 12/19/2001 (Entered: 12/11/2001)

Dec. 4, 2001
21

ORDER granting [20-1] motion to enroll Ralph J. Zatzkis as counsel of record , entered; Parties notified. ( signed by Judge Melinda Harmon ) (fmremp) (Entered: 12/10/2001)

Dec. 6, 2001
22

SCHEDULING ORDER setting Amending of pleadings 2/15/02 ; Joining of parties 2/15/02 ; Pltf expert witness list submitted by 5/3/02 ; Deft expert witness list submitted by 6/7/02 ; Discovery cutoff 6/28/02 ; Deadline for filing all dispositive motions 8/2/02 ; Deadline for filing non-dispositive motions 8/2/02 ; Pretrial order to be submitted on or before 10/28/02 ; Docket call deadline 1:30 11/8/02 ; Trial is set for the two weeks starting 11/12/02 before Judge Melinda Harmon , entered. Parties notified. ( Signed by Judge Melinda Harmon ) (fmremp) Modified on 12/20/2001 (Entered: 12/11/2001)

Dec. 10, 2001

MAIL RETURNED UNDELIVERABLE as to Ralph J. Zatzkis atty f/ McCall-TL Ltd re: [22-1] Scheduling order. Per research, updated address in system. Re-sent scheduling order. (fmremp) (Entered: 01/02/2002)

Dec. 27, 2001
24

NOTICE of Withdrawal of Motion for Partial Summary Judgment by McCall-TL Ltd , filed (fmremp) (Entered: 02/11/2002)

Feb. 11, 2002
25

MOTION for leave to amend complaint by EEOC, Motion Docket Date 3/7/02 [25-1] motion , filed. (fmremp) (Entered: 02/15/2002)

Feb. 15, 2002
26

AMENDED COMPLAINT by EEOC ,(Answer due 2/25/02 for Group 1 Automotive, for McCall-TL Ltd ) amending [1-1] complaint , filed. (fmremp) (Entered: 02/15/2002)

Feb. 15, 2002
27

ORDER granting pltf's [25-1] motion for leave to amend complaint , entered; Parties notified. ( signed by Judge Melinda Harmon ) (ljackson) (Entered: 03/19/2002)

March 19, 2002
28

ANSWER by McCall-TL Ltd to amended complaint, filed. (ljackson) (Entered: 04/02/2002)

March 29, 2002
29

ANSWER by Group 1 Automotive (Added attorney Michael P Cash) to first amended complaint, filed. (sguevara) (Entered: 04/17/2002)

April 16, 2002
30

CERTIFICATE OF INTERESTED PARTIES by Group 1 Automotive , filed. (sguevara) (Entered: 04/17/2002)

April 16, 2002
31

INITIAL DISCLOSURE by Group 1 Automotive , filed. (ljackson) (Entered: 04/24/2002)

April 24, 2002
32

ORDER denying deft's [15-1] motion for partial summary judgment , entered; Parties notified. ( signed by Judge Melinda Harmon ) (ljackson) (Entered: 04/30/2002)

April 29, 2002
33

JOINT MOTION for protective order by McCall-TL Ltd, EEOC, Group 1 Automotive , filed (ljackson) (Entered: 05/09/2002)

May 8, 2002
34

PROTECTIVE ORDER granting [33-1] joint motion for protective order, entered. Within 10 days of entry of this order, each party shall designate to the opposing party all previously produced documents which consider confidential. Parties ntfd. (Signed by Judge Melinda Harmon ) (ljackson) (Entered: 05/13/2002)

May 10, 2002
35

STIPULATION of dismissal by McCall-TL Ltd, EEOC, Group 1 Automotive of a party-deft, filed. (ljackson) (Entered: 07/15/2002)

July 15, 2002
36

AGREED MOTION to enter consent decree by McCall-TL Ltd, EEOC , filed. (ljackson) (Entered: 07/15/2002)

July 15, 2002
37

ORDER granting [35-1] stipulation of dismissal of a party deft, entered. It is ordered that Group 1 Automotive Inc is dismissed as a party deft. Parties notified. ( signed by Judge Melinda Harmon ) (ljackson) (Entered: 07/18/2002)

July 17, 2002
38

CONSENT DECREE, entered. This consent decree is entered in full and complete settlement of any and all claims arising out of or contained in this lawsuit. This decree shall remain in effect for 2 years from the date of signing. The parties agree that this civil action will be dismissed with prejudice subject to the consent decree. Parties notified. ( signed by Judge Melinda Harmon ) (ljackson) (Entered: 07/18/2002)

July 17, 2002

Case closed (ljackson) (Entered: 07/18/2002)

July 17, 2002

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: July 17, 2001

Closing Date: July 17, 2002

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

Group 1 Automotive, Inc (Houston), Private Entity/Person

McCall-TL Ltd. (Houston), Private Entity/Person

McCall-TL Ltd, Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

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: 70000

Order Duration: 2002 - 2004

Content of Injunction:

Neutral/Positive Reference

Expungement of Employment Record

Provide antidiscrimination training

Discrimination Prohibition

Retaliation Prohibition

Reporting

Issues

General:

Disparate Treatment

Discrimination-area:

Promotion

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits