Case: EEOC v. BILL MILLER BAR-B-Q ENTERPRISES INC

2:96-cv-00665 | U.S. District Court for the Southern District of Texas

Filed Date: Dec. 17, 1996

Closed Date: Aug. 19, 2000

Clearinghouse coding complete

Case Summary

In December 1996, the San Antonio office of the EEOC brought this ADEA suit against Bill Miller Bar-B-Q Enterprises, Inc. in the U.S. District Court for the Southern District of Texas. The complaint alleged that the defendant discriminated against the claimant by not hiring him because of his age. The case settled by entry of a consent decree in August 1997.

The three year consent decree required the defendant to allow the EEOC to inspect their premises and interview their employees, pay the claimant $7,500, post notice, expunge the claimant's record, provide neutral references, provide two hours of ADEA training for all managers, supervisors, assistant managers, and any employee with employment decision making authority, and refrain from discrimination.

Summary Authors

Kevin Wilemon (7/13/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13734190/parties/u-s-equal-employ-v-bill-miller-bar-b-q/

Judge(s)

Ellington, B. Janice (Texas)

Attorney for Plaintiff

Biggs, Susan B (Texas)

Attorney for Defendant

McClenahan, Barry A. (Texas)

Documents in the Clearinghouse

2:96-cv-00665

Docket (PACER)

U. S. Equal Employ v. Bill Miller Bar-B-Q

Aug. 19, 1997

Aug. 19, 1997

Docket
12

2:96-cv-00665

Consent Decree

EEOC v. Bill Miller Bar-B-Q Enterprises Inc

Aug. 19, 1997

Aug. 19, 1997

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13734190/u-s-equal-employ-v-bill-miller-bar-b-q/

Last updated Nov. 3, 2026, 6:57 p.m.

Docket for: U. S. Equal Employ v. Bill Miller Bar-B-Q
ECF Number Date Description Link
1 Dec. 17, 1996

COMPLAINT filed; (Fee waived U.S. Pltf) (ssyler) (Entered: 12/19/1996)

RECAP
2 Dec. 17, 1996

ORDER set initial scheduling conference for 1:15 1/21/97 before Judge Hayden W. Head Jr., entered; Parties notified. ( signed by Judge Hayden W. Head Jr. ) (ssyler) (Entered: 12/19/1996)

RECAP
3 Jan. 10, 1997

NOTICE of Hearing: reset initial pretrial and scheduling conference for 1:15 4/8/97 before Judge Hayden W. Head Jr. before Judge Hayden W. Head Jr., filed. (mserpa) (Entered: 01/13/1997)

RECAP
4 Jan. 13, 1997

WAIVER OF SERVICE Returned Executed as to Bill Miller Bar-B-Q 12/26/96 Answer due on 2/24/97 for Bill Miller Bar-B-Q, filed. (mserpa) (Entered: 01/22/1997)

RECAP
5 Feb. 18, 1997

ANSWER to Complaint by Bill Miller Bar-B-Q (Added attorney Barry A McClenahan), filed. (mserpa) (Entered: 02/20/1997)

RECAP
6 March 13, 1997

Unopposed MOTION to substitute attorney by U. S. Equal Employ Judith Georgann Taylor for plaintiff U. S. Equal Employ, Motion Docket Date [6-1] motion, filed. (mserpa) (Entered: 03/20/1997)

RECAP
7 March 20, 1997

Report of Meeting and Joint Discovery/Case Management Plan by U. S. Equal Employ, Bill Miller Bar-B-Q, filed. (mserpa) (Entered: 03/25/1997)

RECAP
8 April 6, 1997

ORDER granting [6-1] motion to substitute attorney Added Susan B Biggs, entered; Parties notified. ( signed by Judge Hayden W. Head Jr. ) (mserpa) (Entered: 04/08/1997)

RECAP
9 April 8, 1997

Scheduling conference before Judge Hayden W. Head Jr. held before Judge Hayden W. Head Jr. Ct Reporter: ERO Lori Lopez Tape Number: 1. Case called. Both sides consent to trial before Magistrate Judge B. Janice Ellington. Deadlines set. (mserpa) (Entered: 04/09/1997)

RECAP
10 April 8, 1997

CONSENT to trial by Magistrate by U. S. Equal Employ, Bill Miller Bar-B-Q and ORDER REFERRING CASE ( Signed by Judge Hayden W. Head Jr. ) to Magistrate Judge B. J. Ellington, entered. Parties ntfd. (mserpa) (Entered: 04/09/1997)

RECAP
11 April 10, 1997

SCHEDULING ORDER setting Joining of parties CLOSED, amending of pleadings 5/1/97 ; Discovery cutoff 8/15/97 ; Deadline for filing all dispositive motions 6/1/97 ; Pretrial order to submitted on or before 9/19/97 ; Trial date deadline 9:00 9/29/97 ; before Magistrate Judge B. J. Ellington, entered. Parties notified. ; ( Signed by Magistrate Judge B. J. Ellington ) Final Pre-Trial Conference date TO BE SET. (mserpa) (Entered: 04/11/1997)

RECAP
12 Aug. 19, 1997

CONSENT JUDGMENT for U. S. Equal Employ against Bill Miller Bar-B-Q, entered; Parties notified ( signed by Magistrate Judge B. J. Ellington ) (mserpa) (Entered: 08/20/1997)

RECAP
Aug. 19, 1997

Received Consent Decree in mail. Referred to case manager g.l. with file. (fmremp) (Entered: 08/19/1997)

PACER
Aug. 19, 1997

Received Consent Decree in mail. Referred to case manager g.l. with file. (fmremp)

Aug. 19, 1997

Case closed (mserpa)

Case Details

State / Territory:

Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Dec. 17, 1996

Closing Date: Aug. 19, 2000

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

Bill Miller Bar-B-Q Enterprises, Inc.

Bill Miller Bar-B-Q Enterprises, Inc.

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Other Dockets:

Southern District of Texas 2:96-cv-00665

Available Documents:

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:

Discrimination Prohibition

Expungement of Employment Record

Monitoring

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Amount Defendant Pays: 7500

Order Duration: 1997 - 2000

Issues

Discrimination Area:

Disparate Treatment

Hiring

Discrimination Basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits

Recommended Citation