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)

Documents in the Clearinghouse

Document

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

Last updated Aug. 12, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link

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

Aug. 26, 2003

Aug. 26, 2003

1

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

Aug. 26, 2003

Aug. 26, 2003

2

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)

Sept. 16, 2003

Sept. 16, 2003

3

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

Nov. 4, 2003

Nov. 4, 2003

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

Nov. 4, 2003

Nov. 4, 2003

4

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)

Nov. 5, 2003

Nov. 5, 2003

5

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

Dec. 23, 2003

Dec. 23, 2003

6

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

April 13, 2004

April 13, 2004

7

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

April 15, 2004

April 15, 2004

8

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

April 20, 2004

April 20, 2004

9

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

April 27, 2004

April 27, 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)

April 28, 2004

April 28, 2004

10

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

April 28, 2004

April 28, 2004

11

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

June 14, 2004

June 14, 2004

12

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)

July 19, 2004

July 19, 2004

13

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

July 30, 2004

July 30, 2004

14

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

Aug. 2, 2004

Aug. 2, 2004

15

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

Sept. 16, 2004

Sept. 16, 2004

16

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

Sept. 17, 2004

Sept. 17, 2004

17

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

Sept. 20, 2004

Sept. 20, 2004

18

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

Sept. 21, 2004

Sept. 21, 2004

19

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)

Sept. 21, 2004

Sept. 21, 2004

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

Sept. 21, 2004

Sept. 21, 2004

20

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

Sept. 23, 2004

Sept. 23, 2004

21

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

Sept. 23, 2004

Sept. 23, 2004

22

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)

Sept. 23, 2004

Sept. 23, 2004

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

Associates of Midland Cardiovascular and Internal Medicine, P.A. (Midland, TX), Private Entity/Person

Case Details

Causes of Action:

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

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: 155000

Order Duration: 2004 - 2007

Content of Injunction:

Expungement of Employment Record

Retaliation Prohibition

Neutral/Positive Reference

Monitoring

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits