Case: EEOC v. B & A DANE LLC (d/b/a PRO-CUTS)

6:06-cv-00285 | U.S. District Court for the Western District of Texas

Filed Date: Sept. 29, 2006

Closed Date: Dec. 6, 2010

Clearinghouse coding complete

Case Summary

In September 2006 the San Antonio District Office and Dallas Office of the EEOC filed this lawsuit against B & A Dane LLC and Dane Family Limited Partnership, both doing business as Pro-Cuts, in the U.S. District Court for the Western District of Texas alleging discrimination on the basis of race, African-American, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendants subjected the complaining party to a racially hostile environment …

In September 2006 the San Antonio District Office and Dallas Office of the EEOC filed this lawsuit against B & A Dane LLC and Dane Family Limited Partnership, both doing business as Pro-Cuts, in the U.S. District Court for the Western District of Texas alleging discrimination on the basis of race, African-American, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendants subjected the complaining party to a racially hostile environment and reduced her hours, forcing the complaining party to resign. Shortly after the defendant answered the complaint, the parties settled the lawsuit through a consent decree in June 2007.

The forty-two month decree, containing an anti-discrimination clause, required the defendant to: make compliance reports to the EEOC, provide a neutral reference to the complaining party, post notice of employee rights, provide EEO training, and pay $50,000 to the complaining party. The docket sheet does not show any further enforcement; the case was presumably closed in 2010.

Summary Authors

David Friedman (4/29/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17057644/parties/brian-blazer-dba-carpenter-bee-solutions-v-the-home-depot-usa-inc/


Attorney for Plaintiff

Blazer, Brian Robert (Texas)

Fasone, Thomas G. (Texas)

Fuller, M. Scott (Texas)

Attorney for Defendant

Alavi, Amir H. (Texas)

Burgess, C. Gregory (Texas)

show all people

Documents in the Clearinghouse

Document

6:06-cv-00285

Docket (PACER)

EEOC v. B & A Dane LLC

June 6, 2007

June 6, 2007

Docket
1

6:06-cv-00285

Complaint

EEOC v. B & A Dane LLC

Sept. 29, 2006

Sept. 29, 2006

Complaint
6

6:06-cv-00285

Plaintiff EEOC's First Amended Complaint

EEOC v. B & A Dane LLC

Oct. 19, 2006

Oct. 19, 2006

Complaint
21

6:06-cv-00285

Consent Decree

EEOC v. B & A Dane LLC

June 6, 2007

June 6, 2007

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17057644/brian-blazer-dba-carpenter-bee-solutions-v-the-home-depot-usa-inc/

Last updated April 4, 2025, 11:28 a.m.

ECF Number Description Date Link Date / Link
6

STANDING ORDER from U.S. District Judge Alan D. Albright regarding scheduled civil hearings. Signed by Judge Alan D Albright. (Attachments: # 1 Amended Order from Chief Judge Garcia re COVID19, # 2 Order from Chief Judge Garcia re COVID19)(mc5) (Entered: 04/09/2020)

1 Amended Order from Chief Judge Garcia re COVID19

View on PACER

2 Order from Chief Judge Garcia re COVID19

View on PACER

March 24, 2020

March 24, 2020

PACER

***ENTRY MADE IN ERROR, PLEASE DISREGARD ****Intradistrict Transfer to WDTX/ Austin Division, assigned case number 1:20-CA-372-LY (wg) Modified on 4/9/2020 (wg).

April 8, 2020

April 8, 2020

PACER
1

COMPLAINT ( Filing fee $ 400 receipt number 0542-13444434), filed by Brian Blazer d/b/a Carpenter Bee Solutions. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - Patent RE46,421, # 3 Exhibit B - Patent 8,375,624, # 4 Exhibit C - Best Carpenter Bee Trap on homedepot.com, # 5 Exhibit D - Hanging Carpenter Bee Trap on homedepot.com, # 6 Exhibit E - Bad-Bee-Gone on homedepot.com, # 7 Exhibit F - Plaintiff's May 2019 Letter, # 8 Exhibit G - Defendant's June 2019 Letter, # 9 Exhibit H - Best Bee Brother's Brochure, # 10 Exhibit I - 2018 Text Exchange)(Fasone, Thomas) (Entered: 04/09/2020)

1 Civil Cover Sheet

View on PACER

2 Exhibit A - Patent RE46,421

View on PACER

3 Exhibit B - Patent 8,375,624

View on PACER

4 Exhibit C - Best Carpenter Bee Trap on homedepot.com

View on PACER

5 Exhibit D - Hanging Carpenter Bee Trap on homedepot.com

View on PACER

6 Exhibit E - Bad-Bee-Gone on homedepot.com

View on PACER

7 Exhibit F - Plaintiff's May 2019 Letter

View on PACER

8 Exhibit G - Defendant's June 2019 Letter

View on PACER

9 Exhibit H - Best Bee Brother's Brochure

View on PACER

10 Exhibit I - 2018 Text Exchange

View on PACER

April 9, 2020

April 9, 2020

RECAP

Case Assigned/Reassigned

April 9, 2020

April 9, 2020

PACER

Case Transferred Out - Divisional Transfer

April 9, 2020

April 9, 2020

PACER
2

REQUEST FOR ISSUANCE OF SUMMONS by Brian Blazer d/b/a Carpenter Bee Solutions. (Fasone, Thomas) Atty notified the clerk's off that this was filed in error and would be replaced with a corrected copy (lad). (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
3

Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Fasone, Thomas) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
4

REQUEST FOR ISSUANCE OF SUMMONS by Brian Blazer d/b/a Carpenter Bee Solutions. (Fasone, Thomas) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
5

Summons Issued as to The Home Depot U.S.A., Inc. (lad) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER

Case assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (lad)

April 9, 2020

April 9, 2020

PACER
7

MOTION to Appear Pro Hac Vice by Thomas G. Fasone, III for Ren A. Vazquez ( Filing fee $ 100 receipt number 0542-13638650) by on behalf of Brian Robert Blazer. (Fasone, Thomas) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
8

AMENDED COMPLAINT against The Home Depot U.S.A., Inc. amending, filed by Brian Robert Blazer. (Attachments: # 1 Exhibit A - Patent RE46,421, # 2 Exhibit B - Patent 8,375,624, # 3 Exhibit C - Best Carpenter Bee Trap on homedepot.com, # 4 Exhibit D - Hanging Carpenter Bee Trap on homedepot.com, # 5 Exhibit E - Plaintiff's May 2019 Letter, # 6 Exhibit F - Defendant's June 2019 Letter, # 7 Exhibit G - Best Bee Brother's Brochure, # 8 Exhibit H - 2018 Text Exchange)(Fasone, Thomas) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER

Text Order GRANTING 7 Motion to Appear Pro Hac Vice. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jy)

June 8, 2020

June 8, 2020

PACER

Order on Motion to Appear Pro Hac Vice

June 8, 2020

June 8, 2020

PACER
9

MOTION TO INTERVENE by The Home Depot U.S.A., Inc.. (Attachments: # 1 Exhibit Answer in Intervention, # 2 Proposed Order Proposed Order)(Guinn, Nicholas) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
10

MOTION to Appear Pro Hac Vice by Nicholas Adam Guinn Motion for Pro Hac Vice (Jeremy Smith) ( Filing fee $ 100 receipt number 0542-13691278) by on behalf of The Home Depot U.S.A., Inc.. (Guinn, Nicholas) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
11

MOTION to Appear Pro Hac Vice by Nicholas Adam Guinn Motion for Pro Hac Vice (G. Burgess) ( Filing fee $ 100 receipt number 0542-13691328) by on behalf of The Home Depot U.S.A., Inc.. (Guinn, Nicholas) (Main Document 11 replaced on 6/24/2020) (bw). (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER

Text Order GRANTING 10 Motion to Appear Pro Hac Vice. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jy)

June 25, 2020

June 25, 2020

PACER

Text Order GRANTING 11 Motion to Appear Pro Hac Vice. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jy)

June 25, 2020

June 25, 2020

PACER

Order on Motion to Appear Pro Hac Vice

June 25, 2020

June 25, 2020

PACER
12

NOTICE of Attorney Appearance by Amir H. Alavi on behalf of The Home Depot U.S.A., Inc.. Attorney Amir H. Alavi added to party The Home Depot U.S.A., Inc.(pty:dft) (Alavi, Amir) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
13

Unopposed MOTION for Extension of Time to File Answer re 8 Amended Complaint,, by The Home Depot U.S.A., Inc.. (Attachments: # 1 Proposed Order)(Alavi, Amir) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER

Text Order GRANTING 13 Motion for Extension of Time to Answer entered by Judge Alan D Albright. Came on for consideration is Defendant's Motion. Noting that it is unopposed, the Court GRANTS the Motion. Defendant shall have up to and including July 29, 2020 to answer or otherwise respond to Plaintiff's Complaint. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jy)

June 30, 2020

June 30, 2020

PACER

Reset Answer Deadlines: The Home Depot U.S.A., Inc. answer due 7/29/2020. (bw)

June 30, 2020

June 30, 2020

PACER

Order on Motion for Extension of Time to Answer

July 1, 2020

July 1, 2020

PACER

Set/Reset Answer Deadline

July 1, 2020

July 1, 2020

PACER
14

Unopposed MOTION for Extension of Time to File Answer re 8 Amended Complaint,, by Davis Product Creation and Consulting, LLC, The Home Depot U.S.A., Inc.. (Attachments: # 1 Proposed Order)(Alavi, Amir) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER

Text Order GRANTING 14 Motion for Extension of Time to Answer entered by Judge Alan D Albright. Came on for consideration is Defendants' Motion. Because the Court limits extensions to 45 days absent good cause, the Court PARTIALLY GRANTS the Motion. Defendants shall have up to and including August 13, 2020 to answer or otherwise respond to Plaintiff's Complaint. The Court will endeavor to resolve the motion to intervene well in advance of the answer deadline. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jy)

July 29, 2020

July 29, 2020

PACER

Reset Deadlines: The Home Depot U.S.A., Inc. answer due 8/13/2020. (bw)

July 29, 2020

July 29, 2020

PACER

Order on Motion for Extension of Time to Answer

July 29, 2020

July 29, 2020

PACER

Set/Reset Answer Deadline

July 30, 2020

July 30, 2020

PACER
15

MOTION to Appear Pro Hac Vice by Rene A. Vazquez ( Filing fee $ 100 receipt number 0542-13846036) by on behalf of Brian Robert Blazer. (Vazquez, Rene) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
16

NOTICE of Attorney Appearance by Randall T. Garteiser on behalf of Brian Robert Blazer. Attorney Randall T. Garteiser added to party Brian Robert Blazer(pty:pla) (Garteiser, Randall) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER

Text Order GRANTING 15 Motion to Appear Pro Hac Vice. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jy)

Aug. 11, 2020

Aug. 11, 2020

PACER

Text Order GRANTING 9 Motion entered by Judge Alan D Albright. Before the Court is Davis Product Creation and Consulting, LLC d/b/a BeesNThings Motion to Intervene. Because it is unopposed, the Court GRANTS the motion. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jy)

Aug. 11, 2020

Aug. 11, 2020

PACER
17

Joint MOTION to Stay by The Home Depot U.S.A., Inc.. (Attachments: # 1 Proposed Order Proposed Order)(Guinn, Nicholas) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

RECAP

Text Order GRANTING 17 Motion to Stay entered by Judge Alan D Albright. Before the Court is the Defendant The Home Depot and Intervenor Defendant Davis Product Creation and Consulting, LLC d/b/a BeesNThings's Joint Motion to Stay. Because it is unopposed, the Court GRANTS the motion. It is therefore ORDERED that this case is stayed pending the resolution of the co-pending lawsuit in the Northern District of Alabama styled Davis Product Creation and Consulting, LLC v. Blazer, No. 1:19-cv-00848-CLM and notice of any related appeals. The parties must file joint or separate advisories within thirty (30) calendar days of the conclusion of the co-pending lawsuit. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jy)

Aug. 11, 2020

Aug. 11, 2020

PACER

Case Stayed. (bw)

Aug. 11, 2020

Aug. 11, 2020

PACER

Order on Motion to Appear Pro Hac Vice

Aug. 11, 2020

Aug. 11, 2020

PACER

Order on Motion for Miscellaneous Relief

Aug. 11, 2020

Aug. 11, 2020

PACER

Order on Motion to Stay

Aug. 11, 2020

Aug. 11, 2020

PACER

Case Stayed

Aug. 12, 2020

Aug. 12, 2020

PACER
18

Standing Order Regarding Notice of Readiness in Patent Cases (Entered: 10/05/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER
19

Standing Order Regarding Filing Documents Under Seal and Redacted Pleadings in Patent Cases. Signed by Judge Alan D Albright. as of 2/12/2021. (bot1) (Entered: 02/24/2021)

Feb. 12, 2021

Feb. 12, 2021

PACER
20

Unopposed MOTION to Withdraw as Attorney without Substitution by Brian Robert Blazer. (Attachments: # 1 Proposed Order, # 2 Exhibit A - Order Granting Motion to Withdraw in Alabama case)(Vazquez, Rene) (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

PACER
21

Standing Order regarding Scheduling Order. Signed by Judge Alan D Albright. (Entered: 06/17/2021)

June 16, 2021

June 16, 2021

PACER
22

Standing Order regarding Scheduling Order. Signed by Judge Alan D Albright. (Entered: 06/17/2021)

June 16, 2021

June 16, 2021

PACER
23

Standing Order Regarding Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright. (Entered: 10/13/2021)

Oct. 8, 2021

Oct. 8, 2021

PACER

Parties shall comply with Judge Albright's updated standing orders and COVID-19 standing order available by clicking the included hyperlinks. The updated orders are as follows:1. Standing Order Regarding Notice of Readiness for Patent Cases 030722,2. Standing Order on Pretrial Procedures and Requirements in Civil Cases 030722,3. Standing Order Governing Proceedings 4.0 - Patent Cases 030722,4. Amended Standing Order Regarding Coronavirus (COVID-19) and Court Proceedings,5. Amended Standing Order Regarding Joint Or Unopposed Request To Change Deadlines 030722,6. Amended Standing Order Regarding Filing Documents Under Seal and Redacted Public Versions 030722. (jkda)

March 10, 2022

March 10, 2022

PACER

Text Order GRANTING 20 Motion to Withdraw as Attorney entered by Judge Alan D Albright. Accordingly, it is hereby ORDERED that Ren A. Vazquez, M. Scott Fuller, Thomas G. Fasone III, Randall T. Garteiser, Christopher A. Honea and Raymond W. Mort, III, are withdrawn as counsel of record for Plaintiff Brian Robert Blazer d/b/a Carpenter Bee Solutions. (This is a text-only entry generated by the court. There is no document associated with this entry.) (RRlc)

March 10, 2022

March 10, 2022

PACER

Remark (No Doc#)

March 10, 2022

March 10, 2022

PACER

Order on Motion to Withdraw as Attorney

March 10, 2022

March 10, 2022

PACER
24

Standing Order Regarding Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright. (Entered: 04/14/2022)

April 14, 2022

April 14, 2022

PACER

Remark (No Doc#)

Sept. 18, 2022

Sept. 18, 2022

PACER

Remark (No Doc#)

April 5, 2023

April 5, 2023

PACER

Remark (No Doc#)

May 24, 2023

May 24, 2023

PACER

Remark (No Doc#)

Jan. 25, 2024

Jan. 25, 2024

PACER

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 29, 2006

Closing Date: Dec. 6, 2010

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

Dane Family Limited Partnership (Bellmead, Texas), Private Entity/Person

B & A Dane LLC (Bellmead, Texas), Private Entity/Person

Case Details

Causes of Action:

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

Available 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

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Amount Defendant Pays: 50000

Order Duration: 2007 - 2010

Issues

Discrimination Area:

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

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

EEOC-centric:

Direct Suit on Merits