Case: EEOC v. Midland Cardiovascular and Internal Medicine ("The Heart Center")

7:03-cv-00123 | U.S. District Court for the Western District of Texas

Filed Date: Aug. 26, 2003

Closed Date: 2007

Clearinghouse coding complete

Case Summary

In August 2003, the El Paso Area Office of the EEOC filed this suit against the Associates of Midland Cardiovascular and Internal Medicine, P.A. (d/b/a The Heart Center and Heart Place Hospital, L.P.) in the U.S. District Court for the Western District of Texas alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the defendant subjected the charging party, a female employee, to a hostile work environment consisting of verbal and p…
In August 2003, the El Paso Area Office of the EEOC filed this suit against the Associates of Midland Cardiovascular and Internal Medicine, P.A. (d/b/a The Heart Center and Heart Place Hospital, L.P.) in the U.S. District Court for the Western District of Texas alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the defendant subjected the charging party, a female employee, to a hostile work environment consisting of verbal and physical sexual harassment. In addition, the defendant retaliated against the charging party by terminating her after she complained of the discrimination. After some scheduling orders, the parties settled in September 2004 through an agreed judgment. The judgment had a duration of three years and required the defendant to: provide the charging party with a neutral employment reference, expunge her personnel files of all mentions to the charge of discrimination, and pay her $155,000. The decree was entered in 2004 and scheduled to last 2007. No further docket entries exist, so the case is closed.

Summary Authors

Michele Marxkors (6/27/2007)

Clearinghouse (12/26/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/36554657/parties/eeoc-v-associates-of-midlan/


Judge(s)

Junell, Robert A. (Texas)

Attorney for Plaintiff

Dominguez, Leticia (Texas)

Harwin, Robert B. (Texas)

Taylor, Judith G. (Texas)

Attorney for Defendant

Patel, P.V. (Texas)

Documents in the Clearinghouse

Documents in this case

7:03-cv-00123

Docket

EEOC v. Midland Cardiovascular and Internal Medicine

Sept. 23, 2004

Sept. 23, 2004

Docket
1

7:03-cv-00123

Complaint

EEOC v. Midland Cardiovascular and Internal Medicine

Aug. 26, 2003

Aug. 26, 2003

Complaint
22

7:03-cv-00123

Agreed Judgment

EEOC v. Midland Cardiovascular and Internal Medicine

Sept. 23, 2004

Sept. 23, 2004

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/36554657/eeoc-v-associates-of-midlan/

Last updated Nov. 3, 2026, 6:14 p.m.

Docket for: EEOC v. Associates of Midlan
ECF Number Date Description Link
1 Aug. 26, 2003

Complaint filed. Filing Fee: $ n/a Receipt # n/a (Pages: 6) Government agency - no filing fee. (fe) (Entered: 08/27/2003)

RECAP
Aug. 26, 2003

Case assigned to Judge Robert A. Junell (fe) (Entered: 08/27/2003)

PACER
Aug. 26, 2003

Case assigned to Judge Robert A. Junell (fe)

2 Sept. 16, 2003

Waiver of Service by Associates of Midlan ; Notice and Request Mailed on 9/11/03 ; Answer due on 11/10/03 for Associates of Midlan (fe) (Entered: 09/16/2003)

RECAP
3 Nov. 4, 2003

Answer by Associates of Midland... (fe) (Entered: 11/05/2003)

RECAP
Nov. 4, 2003

Defective pleading notification letter mailed to P.V. Patel, prose for Associates of Midland Cardiovascular.... (fe) (Entered: 11/05/2003)

PACER
Nov. 4, 2003

Defective pleading notification letter mailed to P.V. Patel, prose for Associates of Midland Cardiovascular.... (fe)

4 Nov. 5, 2003

Scheduling order setting Joining of parties, amending of pleadings on 12/30/03 Deadline for filing of all motions 4/20/04 Discovery cutoff 4/6/04 ; Alternate Dispute Resolution Report due by 4/27/04 ; Jury Selection set for 9:00 8/2/04 ; Jury trial set for 9:00 8/2/04, termed motions signed by Judge Robert A. Junell (fe) (Entered: 11/06/2003)

RECAP
5 Dec. 23, 2003

Pretrial disclosures filed by EEOC, Associates of Midlan (sm) (Entered: 12/23/2003)

RECAP
6 April 13, 2004

Notice by Associates of Midlan of: filing for bankruptcy (case number 04-70229, WDT-Midland) (sm) (Entered: 04/14/2004)

RECAP
7 April 15, 2004

Order setting status conference to 3:00 4/28/04 signed by Judge Robert A. Junell (sm) (Entered: 04/15/2004)

RECAP
8 April 20, 2004

Response by EEOC to notice [6-1] of bankruptcy filing (fe) (Entered: 04/20/2004)

RECAP
9 April 27, 2004

Alternate Dispute Resolution Report filed by EEOC, Party(s) agree to Alternate Dispute Resolution (fe) (Entered: 04/28/2004)

RECAP
10 April 28, 2004

Minutes of proceedings for status conference hearing conducted on 4/28/04 by Judge Junell. Court Reporter: Anderson (fe) (Entered: 04/29/2004)

RECAP
April 28, 2004

Status conference held. Court recommends parties discuss agreed judgment. Joint status letter due 6/15 by plaintiff. Discovery stayed per court. (fe) (Entered: 04/29/2004)

PACER
April 28, 2004

Status conference held. Court recommends parties discuss agreed judgment. Joint status letter due 6/15 by plaintiff. Discovery stayed per court. (fe)

11 June 14, 2004

Letter/Correspondence submitted by EEOC regarding: status on case per order from Judge Junell. (fe) (Entered: 06/16/2004)

RECAP
12 July 19, 2004

Order resetting Jury selection to 10/4/04, resetting Jury trial to 10/4/04 signed by Judge Robert A. Junell (fe) (Entered: 07/19/2004)

RECAP
13 July 30, 2004

Notice by Associates of Midlan of: Bankruptcy Filing. (fe) (Entered: 07/30/2004)

RECAP
14 Aug. 2, 2004

Letter/Correspondence submitted by EEOC, Associates of Midlan regarding: the status of negotiations. (fe) (Entered: 08/03/2004)

RECAP
15 Sept. 16, 2004

Order setting pretrial conference to 11:00 9/27/04 signed by Judge Robert A. Junell (sm) (Entered: 09/16/2004)

RECAP
16 Sept. 17, 2004

Order setting pretrial conference to 11:00 9/27/04 signed by Judge Robert A. Junell (sm) (Entered: 09/17/2004)

RECAP
17 Sept. 20, 2004

Joint Notice by EEOC, Associates of Midlan of: pending settlement (sm) (Entered: 09/20/2004)

RECAP
18 Sept. 21, 2004

Order granting notice [17-1] dismissing cause without prejudice as parties have settled signed by Judge Robert A. Junell (sm) (Entered: 09/21/2004)

RECAP
19 Sept. 21, 2004

Clerk's judgment that case be administratively closed as parties have settled; settlement documents to be presented to court within 30 days (sm) (Entered: 09/21/2004)

RECAP
Sept. 21, 2004

Case closed (sm) (Entered: 09/21/2004)

PACER
Sept. 21, 2004

Case closed (sm)

20 Sept. 23, 2004

Joint motion by EEOC, Associates of Midlan for entry of agreed judgment (sm) (Entered: 09/23/2004)

RECAP
21 Sept. 23, 2004

Order granting joint motion for entry of agreed judgment [20-1] signed by Judge Robert A. Junell (sm) (Entered: 09/23/2004)

RECAP
22 Sept. 23, 2004

Agreed Judgment for EEOC against Associates of Midland; Martina Smart shall have a liquidated claim against Associates in the sum total of $155,000.00 signed by Judge Robert A. Junell (Pages: 5) (sm) (Entered: 09/23/2004)

RECAP

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: Aug. 26, 2003

Closing Date: 2007

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

Private Entity/Person

Associates of Midland Cardiovascular and Internal Medicine, P.A.

Case Details

Causes of Action:

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

Other Dockets:

Western District of Texas 7:03-cv-00123

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Expungement of Employment Record

Monitoring

Neutral/Positive Reference

Retaliation Prohibition

Amount Defendant Pays: 155000

Order Duration: 2004 - 2007

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Recommended Citation