Case: EEOC v. HARGIS INDUSTRIES

6:05-cv-00320 | U.S. District Court for the Eastern District of Texas

Filed Date: Aug. 29, 2005

Closed Date: 2008

Clearinghouse coding complete

Case Summary

In August 2005, the Dallas office of the EEOC brought this Title VII suit against Hargis Industries in the U.S. District Court for the Eastern District of Texas. The complaint alleged that the defendant subjected the claimant to a hostile work environment because of his race (black). More specifically the defendant subjected the claimant to harassment because of his race and retaliated against the claimant by discharging him because of his complaint. The claimant intervened in the EEOC's suit i…

In August 2005, the Dallas office of the EEOC brought this Title VII suit against Hargis Industries in the U.S. District Court for the Eastern District of Texas. The complaint alleged that the defendant subjected the claimant to a hostile work environment because of his race (black). More specifically the defendant subjected the claimant to harassment because of his race and retaliated against the claimant by discharging him because of his complaint. The claimant intervened in the EEOC's suit in February 2006. After the defendant filed a motion for summary judgment, the case settled by entry of a consent decree in November 2006.

The two year consent decree required the defendant to pay the claimant $30,000, refrain from discrimination and retaliation, expunge the claimant's record, provide the claimant with neutral references, provide annual training for managers and supervisors, post notice, develop and distribute an anti-discrimination policy and complaint procedure, and remind managers and supervisors of their duty to monitor their work environment to ensure compliance with the decree. The docket sheet does not show any further enforcement; the case was presumably closed in 2008.

Summary Authors

Kevin Wilemon (7/13/2007)

Clearinghouse (6/12/2017)

Documents in the Clearinghouse

Document

6:05-cv-00320

Docket [PACER]

EEOC v. Hargis Industries, LP

Nov. 2, 2006

Nov. 2, 2006

Docket
1-1

6:05-cv-00320

Complaint

EEOC v. Hargis Industries, L.P.

Aug. 29, 2005

Aug. 29, 2005

Complaint
10

6:05-cv-00320

Intervenor Complaint

EEOC v. Hargis Industries, L.P.

Feb. 24, 2006

Feb. 24, 2006

Complaint
40

6:05-cv-00320

Consent Decree

EEOC and Michael Chandler v. Hargis Industries, LP

Nov. 2, 2006

Nov. 2, 2006

Settlement Agreement

Resources

Docket

Last updated Aug. 28, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Hargis Industries, LP , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet # 2 Cover Letter)(mll, ) (Entered: 08/31/2005)

Aug. 29, 2005

Aug. 29, 2005

2

NOTICE of Certificate of interested persons by Equal Employment Opportunity Commission (mll, ) (Entered: 08/31/2005)

Aug. 29, 2005

Aug. 29, 2005

Summons Issued as to Hargis Industries, LP. (mll, ) (Entered: 08/31/2005)

Aug. 29, 2005

Aug. 29, 2005

4

Magistrate Consent Form Mailed to Equal Employment Opportunity Commission (mll, ) (Entered: 08/31/2005)

Aug. 31, 2005

Aug. 31, 2005

5

ANSWER to Complaint by Hargis Industries, LP.(Hardy, John) (Entered: 10/07/2005)

Oct. 7, 2005

Oct. 7, 2005

6

ORDER setting Scheduling Conference set for 1/27/2006 10:00 AM before Judge William M. Steger. Signed by Judge William M. Steger on 12/29/05. cc:attys 12-29-05(mll, ) (Entered: 12/29/2005)

Dec. 29, 2005

Dec. 29, 2005

7

Joint MOTION to Continue and Joint Scheduling Report by Hargis Industries, LP. (Cook, Randall) (Entered: 01/20/2006)

Jan. 20, 2006

Jan. 20, 2006

8

SCHEDULING ORDER: Amended Pleadings due by 8/5/2006. Discovery due by 7/22/2006. Expert Witness List due by 5/15/2006. Identify trial witnesses by 8/19/2006. Joinder of Parties due by 2/27/2006. Jury instructions due by 10/30/2006. Jury Selection set for 11/13/2006 10:00AM before Judge William M. Steger. Mediation Completion due by 8/19/2006. Dispositive Motions due by 8/5/2006; All pretrial motions and motions in limine due 10-30-06. Proposed Pretrial Order due by 10/30/2006. Signed by Judge William M. Steger on 01/23/06. cc:attys 1-23-06 (mll, ) (Entered: 01/23/2006)

Jan. 23, 2006

Jan. 23, 2006

9

Case assigned to Judge Leonard Davis. Judge William M. Steger no longer assigned to the case. (per General Order 06-05) (mll, ) (Entered: 02/21/2006)

Feb. 16, 2006

Feb. 16, 2006

10

MOTION to Intervene For Leave by Michael Chandler. (Attachments: # 1 Complaint# 2 Text of Proposed Order)(Vincent, Bobby) (Entered: 02/22/2006)

Feb. 22, 2006

Feb. 22, 2006

11

NOTICE of Disclosure by Equal Employment Opportunity Commission Plaintiff's Initial Disclosure (Vincent, Bobby) (Entered: 02/22/2006)

Feb. 22, 2006

Feb. 22, 2006

12

NOTICE of Disclosure by Hargis Industries, LP (Cook, Randall) (Entered: 02/22/2006)

Feb. 22, 2006

Feb. 22, 2006

13

ORDER Regarding Reassignment of Case. Signed by Judge Leonard Davis on 2/24/2006. (rvw, ) (Entered: 02/24/2006)

Feb. 24, 2006

Feb. 24, 2006

14

ORDER granting 10 Motion to Intervene by Michael Chandler. Signed by Judge Leonard Davis on 2/24/2006. (rvw, ) (Entered: 02/24/2006)

Feb. 24, 2006

Feb. 24, 2006

15

Intervenor COMPLAINT , filed by Michael Chandler.(rvw, ) (Entered: 02/24/2006)

Feb. 24, 2006

Feb. 24, 2006

16

Case reassigned to Judge William M. Steger. Judge Leonard Davis no longer assigned to the case. (Per General Order 06-07) (mll, ) (Entered: 03/06/2006)

March 1, 2006

March 1, 2006

17

NOTICE of Disclosure by Hargis Industries, LP (Additional Disclosure) (Cook, Randall) (Entered: 03/09/2006)

March 9, 2006

March 9, 2006

18

NOTICE of Disclosure by Michael Chandler (Additional Disclosure) (Vincent, Bobby) (Entered: 03/09/2006)

March 9, 2006

March 9, 2006

19

NOTICE of Disclosure by Equal Employment Opportunity Commission (Additional Disclosure) (Vincent, Bobby) (Entered: 03/09/2006)

March 9, 2006

March 9, 2006

21

NOTICE of Disclosure by Michael Chandler (Privilege Log) (Vincent, Bobby) (Entered: 03/24/2006)

March 24, 2006

March 24, 2006

22

NOTICE by Michael Chandler Vacation Letter (Vincent, Bobby) (Entered: 06/08/2006)

June 8, 2006

June 8, 2006

23

Case assigned to Judge Michael H. Schneider. Judge William M. Steger no longer assigned to the case. (Per General Order 06-12) (mll, ) (Entered: 06/09/2006)

June 8, 2006

June 8, 2006

24

NOTICE of Attorney Appearance by Herbert A Yarbrough, III on behalf of Hargis Industries, LP (Yarbrough, Herbert) (Entered: 07/12/2006)

July 12, 2006

July 12, 2006

25

MOTION for Extension of Time to File Motion for Summary Judgment by Hargis Industries, LP. (Attachments: # 1 Text of Proposed Order Granting Extension to file Motion for Summary Judgment)(Yarbrough, Herbert) (Entered: 08/02/2006)

Aug. 2, 2006

Aug. 2, 2006

26

ORDER Mediation Conference set for 9/22/2006 10:00 AM before Magistrate Judge Judith K. Guthrie in Tyler. Signed by Judge Judith K. Guthrie on 8/4/06. (mjc ) (Entered: 08/04/2006)

Aug. 4, 2006

Aug. 4, 2006

27

ORDER granting 25 Motion for Extension of Time to File Motion for Summary Judgment. It is ORDERED that defendant, Hargis Industries, L.P. has until 8/21/2006 to file its motion for summary judgment.. Signed by Judge Michael H. Schneider on 8/4/2006. (mpt, ) (Entered: 08/04/2006)

Aug. 4, 2006

Aug. 4, 2006

Set/Reset Deadlines: Motion for summary judgment due by 8/21/2006. (mpt, ) (Entered: 08/04/2006)

Aug. 4, 2006

Aug. 4, 2006

28

Fact/Trial Witness List by Equal Employment Opportunity Commission, Michael Chandler. (Vincent, Bobby) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

29

Trial Witness List by Hargis Industries, LP. (Yarbrough, Herbert) (Entered: 08/21/2006)

Aug. 21, 2006

Aug. 21, 2006

30

MOTION for Summary Judgment by Hargis Industries, LP. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Text of Proposed Order Proposed Order)(Yarbrough, Herbert) (Entered: 08/21/2006)

Aug. 21, 2006

Aug. 21, 2006

31

NOTICE of Disclosure by Hargis Industries, LP Defendant's First Supplemental Initial Disclosures (Yarbrough, Herbert) (Entered: 08/25/2006)

Aug. 25, 2006

Aug. 25, 2006

32

RESPONSE in Opposition re 30 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Exhibit A-Depo Michael Chandler# 2 Exhibit Exhibit A-Continuation of Michael Chandler# 3 Exhibit Exhibit B-Depo David Roberts# 4 Exhibit Exhibit C-Depo Luis Casiano# 5 Exhibit Exhibit D-Depo Joseph Stockton# 6 Exhibit Exhibit E-Depo Michael May# 7 Exhibit Exhibit F-Depo James Carter# 8 Exhibit Exhibit 1# 9 Exhibit Exhibit 2# 10 Exhibit Exhibit 3# 11 Errata Exhibit 4)(Backhaus, William) (Entered: 09/05/2006)

Sept. 5, 2006

Sept. 5, 2006

34

MOTION for Extension of Time to File Response/Reply to EEOC's Response to Defendant's Motion for Summary Judgment by Hargis Industries, LP. (Attachments: # 1 Text of Proposed Order)(Yarbrough, Herbert) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

35

RESPONSE to Motion re 34 MOTION for Extension of Time to File Response/Reply to EEOC's Response to Defendant's Motion for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order Order)(Backhaus, William) (Entered: 09/12/2006)

Sept. 12, 2006

Sept. 12, 2006

36

ORDER granting 34 Motion for Extension of Time to File Response re 30 MOTION for Summary Judgment. Response due by 9/18/2006. Signed by Judge Michael H. Schneider on 09/12/06. cc:attys 9-12-06 (mll, ) (Entered: 09/12/2006)

Sept. 12, 2006

Sept. 12, 2006

37

REPLY to Response to Motion re 30 MOTION for Summary Judgment filed by Hargis Industries, LP. (Attachments: # 1 Exhibit A)(Yarbrough, Herbert) (Entered: 09/18/2006)

Sept. 18, 2006

Sept. 18, 2006

Minute Entry for proceedings held before Judge Judith K. Guthrie : Mediation Conference held on 9/22/2006. Settled. (Court Reporter T. Nickelson.) (tln, ) (Entered: 09/26/2006)

Sept. 22, 2006

Sept. 22, 2006

38

REPORT OF MEDIATION by Judith K Guthrie. Mediation result: settled. (mll, ) (Entered: 09/26/2006)

Sept. 25, 2006

Sept. 25, 2006

39

NOTICE by Equal Employment Opportunity Commission Consent Decree (Backhaus, William) (Entered: 10/30/2006)

Oct. 30, 2006

Oct. 30, 2006

40

ORDER OF ENTRY re Consent Decree. Parties shall bear their own costs and attys' fees. Signed by Judge Michael H. Schneider on 11/02/06. cc:attys 11-3-06(mll, ) (Entered: 11/03/2006)

Nov. 2, 2006

Nov. 2, 2006

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: Aug. 29, 2005

Closing Date: 2008

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

Hargis Industries , 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: 30000

Order Duration: 2006 - 2008

Content of Injunction:

Retaliation Prohibition

Expungement of Employment Record

Neutral/Positive Reference

Develop anti-discrimination policy

Implement complaint/dispute resolution process

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Discrimination Prohibition

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit