Case: EEOC v. Texas Ear, Nose & Throat Consultants

4:05-cv-03374 | U.S. District Court for the Southern District of Texas

Filed Date: Sept. 30, 2005

Closed Date: 2007

Clearinghouse coding complete

Case Summary

In September 2005, the Houston District Office of the EEOC brought this suit against Texas Ear, Nose & Throat Consultants, P.L.L.C. in the U.S. District Court for the Southern District of Texas alleging retaliation in violation of Title VII of the Civil Rights Act of 1964. Specifically, the defendant harassed and fired the charging party, a female employee, for reporting interactions between a doctor and nurse that she believed to be sexual harassment. After some discovery and scheduling orders, the parties settled in October 2006 through a consent decree.

The one-year decree contained a non-retaliation clause and required the defendant to: maintain its written EEO policy, expunge the charging party's personnel file of all references to the charge of discrimination, provide her with a neutral reference, and pay her $40,000.

The decree was entered in 2006 and scheduled to last 2007. No further docket entries exist, so the case is closed.

Summary Authors

Michele Marxkors (7/3/2007)

Documents in the Clearinghouse

Document

4:05-cv-03374

Docket

Dec. 4, 2006

Dec. 4, 2006

Docket
1

4:05-cv-03374

Original Complaint

Sept. 30, 2005

Sept. 30, 2005

Complaint
13-1

4:05-cv-03374

Amended Original Complaint

Nov. 30, 2005

Nov. 30, 2005

Complaint
18

4:05-cv-03374

Memorandum and Order [Regarding Defendant's Motion to Strike]

2006 WL 626309, 2006 U.S.Dist.LEXIS 14656

March 10, 2006

March 10, 2006

Order/Opinion
24

4:05-cv-03374

Consent Decree

Oct. 16, 2006

Oct. 16, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5282637/eeoc-v-texas-ear-nose-throat-consultants-pllc/

Last updated July 17, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Texas Ear, Nose & Throat Consultants, P.L.L.C. (Filing fee $ 250) filed by Equal Employment Opportunity Commission.(bgoolsby, ) Additional attachment(s) added on 10/3/2005 (lfilmore, ). (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

PACER

Summons Issued as to Texas Ear, Nose & Throat Consultants, P.L.L.C., filed.(bgoolsby, )

Sept. 30, 2005

Sept. 30, 2005

PACER
2

ORDER FOR CONFERENCE. Initial Conference set for 12/19/2005 at 10:30 AM in Room 11122 before Judge Lynn N. Hughes. ( Signed by Judge Lynn N. Hughes ) Parties notified. (bgoolsby, ) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

PACER

Fee waived re: Federal Agency Pltf. 1 Complaint, filed. (ejones, )

Oct. 5, 2005

Oct. 5, 2005

PACER
3

MOTION to Substitute Attorney Aimee L. McFerren in place of Kathy D. Boutchee by Equal Employment Opportunity Commission, filed. Motion Docket Date 11/2/2005. (Attachments: # 1 Proposed Order)(McFerren, Aimee) (Entered: 10/13/2005)

1 Proposed Order

View on PACER

Oct. 13, 2005

Oct. 13, 2005

PACER
4

ORDER granting 3 Motion to Substitute Attorney Aimee L. McFerrin. Kathy D Boutchee is withdrawn.( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly, ) (Entered: 10/14/2005)

Oct. 14, 2005

Oct. 14, 2005

PACER
5

ORDER FOR DISCLOSURE. By five business days before the initial pretrial conference, the company and the worker will furnish each other with the ordered information and they must file a joint chronology.( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly, ) (Entered: 11/04/2005)

Nov. 4, 2005

Nov. 4, 2005

PACER
6

General Reference to Magistrate Judge Stephen Smith. Parties notified. (dkelly, ) (Entered: 11/04/2005)

Nov. 4, 2005

Nov. 4, 2005

PACER
7

ORDER for Initial Pretrial and Scheduling Conference. Initial Conference set for 12/13/2005 at 10:00 AM in Courtroom 702 before Magistrate Judge Stephen Wm Smith.( Signed by Judge Stephen Wm Smith ) Parties notified.(rkonieczny, ) (Entered: 11/04/2005)

Nov. 4, 2005

Nov. 4, 2005

PACER
8

RETURN of Service Executed as to Texas Ear, Nose & Throat Consultants, P.L.L.C. on 10/21/05 re: Original Complaint, filed.(mkallie, ) (Entered: 11/10/2005)

Nov. 4, 2005

Nov. 4, 2005

PACER
9

MOTION to Strike Privileged Communications and Answer by Texas Ear, Nose & Throat Consultants, P.L.L.C., filed. Motion Docket Date 12/5/2005. (Attachments: # 1 Proposed Order)(Hamel, Douglas) (Entered: 11/14/2005)

1 Proposed Order

View on PACER

Nov. 14, 2005

Nov. 14, 2005

PACER
10

ANSWER to Complaint by Texas Ear, Nose & Throat Consultants, P.L.L.C., filed.(Hamel, Douglas) (Entered: 11/14/2005)

Nov. 14, 2005

Nov. 14, 2005

PACER
11

JOINT DISCOVERY/CASE MANAGEMENT PLAN by Equal Employment Opportunity Commission, filed.(McFerren, Aimee) (Entered: 11/30/2005)

Nov. 30, 2005

Nov. 30, 2005

PACER
12

RESPONSE in Opposition to 9 MOTION to Strike Privileged Communications and Answer, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Complaint # 2 Proposed Order)(McFerren, Aimee) (Entered: 11/30/2005)

1 Complaint

View on PACER

2 Proposed Order

View on PACER

Nov. 30, 2005

Nov. 30, 2005

RECAP
13

Unopposed MOTION to Amend 1 Complaint by Equal Employment Opportunity Commission, filed. Motion Docket Date 12/20/2005. (Attachments: # 1 Complaint # 2 Proposed Order)(McFerren, Aimee) (Entered: 11/30/2005)

1 Complaint

View on PACER

2 Proposed Order

View on PACER

Nov. 30, 2005

Nov. 30, 2005

PACER
14

NOTICE Parties' Joint Chronology by Texas Ear, Nose & Throat Consultants, P.L.L.C., filed. (Attachments: # 1 Exhibit 1)(Hamel, Douglas) (Entered: 12/06/2005)

1 Exhibit 1

View on PACER

Dec. 6, 2005

Dec. 6, 2005

PACER
15

Minute Entry for proceedings held before Judge Stephen Wm Smith. SCHEDULING CONFERENCE held on 12/13/2005. Scheduling order to follow. Appearances: Douglas Edward Hamel, Aimee Lynn McFerren.(ERO:R.Konieczny), filed.(rkonieczny, ) (Entered: 12/13/2005)

Dec. 13, 2005

Dec. 13, 2005

PACER
16

SCHEDULING ORDER: ETT: 4 days. Jury trial Amended Pleadings due by 5/1/2006 Joinder of Parties due by 1/3/2006 Pltf Expert Witness List due by 4/3/2006 Deft Expert Witness List due by 5/1/2006 Discovery due by 8/31/2006 Dispositive Motion Filing due by 9/29/2006 Non-Dispositive Motion Filing due by 9/29/2006.( Signed by Judge Stephen Wm Smith ) Parties notified.(rkonieczny, ) (Entered: 12/13/2005)

Dec. 13, 2005

Dec. 13, 2005

PACER
17

NOTICE of Appearance by Vanetta Loraine Christ on behalf of Texas Ear, Nose & Throat Consultants, P.L.L.C., filed. (jmarchand, ) (Entered: 02/06/2006)

Feb. 6, 2006

Feb. 6, 2006

PACER
18

MEMORANDUM and ORDER denying 9 Motion to Strike, granting 13 Motion to Amend .( Signed by Judge Stephen Wm Smith ) Parties notified.(rkonieczny) (Entered: 03/10/2006)

March 10, 2006

March 10, 2006

RECAP
19

DOCKETED IN ERROR. ATTORNEY WILL REFILE CORRECTLY. AMENDED ANSWER to by Texas Ear, Nose & Throat Consultants, P.L.L.C., filed. (Attachments: # 1 Exhibit Proposed Amended Answer)(Christ, Vanetta) Modified on 5/2/2006 (thanniable, ). (Entered: 05/01/2006)

1 Exhibit Proposed Amended Answer

View on PACER

May 1, 2006

May 1, 2006

PACER
22

AMENDED ANSWER to 1 Complaint by Texas Ear, Nose & Throat Consultants, P.L.L.C., filed. (jmarchand) (Entered: 05/26/2006)

May 1, 2006

May 1, 2006

PACER
20

MOTION to Amend by Texas Ear, Nose & Throat Consultants, P.L.L.C., filed. Motion Docket Date 5/23/2006. (Attachments: # 1 Exhibit Proposed Amended Answer# 2 Proposed Order Proposed Order)(Christ, Vanetta) (Entered: 05/03/2006)

1 Exhibit Proposed Amended Answer

View on PACER

2 Proposed Order Proposed Order

View on PACER

May 3, 2006

May 3, 2006

PACER
21

ORDER granting 20 Motion to Amend Answer. Amended Answer deemed filed as of 5/1/2006.( Signed by Judge Stephen Wm Smith ) Parties notified.(jmarchand) (Entered: 05/26/2006)

May 26, 2006

May 26, 2006

PACER
23

MOTION for Settlement by Texas Ear, Nose & Throat Consultants, P.L.L.C., filed. Motion Docket Date 11/2/2006. (Attachments: # 1 Exhibit Consent Decree)(Christ, Vanetta) (Entered: 10/13/2006)

1 Exhibit Consent Decree

View on PACER

Oct. 13, 2006

Oct. 13, 2006

PACER
24

CONSENT DECREE. Case terminated on 10/16/2006.( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly, ) (Entered: 10/17/2006)

Oct. 16, 2006

Oct. 16, 2006

PACER
25

DOCKETED IN ERROR- RECEIPT of Transfer Letter re: transfer of case to Northern District of Texas, Dallas Division. New Case # assigned: 3:06CV2177 and received on 11/27/2006., filed. (mmar, ) Modified on 12/6/2006 (mmar, ). (Entered: 12/05/2006)

Dec. 4, 2006

Dec. 4, 2006

PACER

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 30, 2005

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

Texas Ear, Nose & Throat Consultants, P.L.L.C. (Houston, 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

Any published opinion

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: 40000

Order Duration: 2006 - 2007

Content of Injunction:

Expungement of Employment Record

Retaliation Prohibition

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

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

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits