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

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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)

Clearinghouse (12/26/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5282637/parties/eeoc-v-texas-ear-nose-throat-consultants-pllc/

Judge(s)

Hughes, Lynn Nettleton (Texas)

Attorney for Plaintiff

Boutchee, Kathy D (Texas)

McFerren, Aimee Lynn (Texas)

Attorney for Defendant

Christ, Vanetta Loraine (Texas)

Hamel, Douglas Edward (Texas)

Judge(s)

Hughes, Lynn Nettleton (Texas)

Attorney for Plaintiff

Boutchee, Kathy D (Texas)

McFerren, Aimee Lynn (Texas)

Attorney for Defendant

Christ, Vanetta Loraine (Texas)

Hamel, Douglas Edward (Texas)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

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]	March 10, 2006	March 10, 2006 Order/Opinion 2006 WL 626309
24 4:05-cv-03374	Consent Decree	Oct. 16, 2006	Oct. 16, 2006 Settlement Agreement

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms Carly Knight, Frank Dobbin, Alexandra Kalev	Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit…	March 2022	April 1, 2022 https://cris.tau.ac.il/...

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Docket

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

Last updated April 4, 2025, 11:37 a.m.

Docket for: EEOC v. Texas Ear, Nose & Throat Consultants, P.L.L.C.

ECF Number	Date	Description	Link
	Sept. 30, 2005	Summons Issued as to Texas Ear, Nose & Throat Consultants, P.L.L.C. , filed.(bgoolsby, ) (Entered: 09/30/2005)	PACER
1	Sept. 30, 2005	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)	RECAP
2	Sept. 30, 2005	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)	RECAP
	Sept. 30, 2005	Summons Issued as to Texas Ear, Nose & Throat Consultants, P.L.L.C., filed.(bgoolsby, )
	Oct. 5, 2005	Fee waived re: Federal Agency Pltf.1 Complaint , filed. (ejones, ) (Entered: 10/05/2005)	PACER
	Oct. 5, 2005	Fee waived re: Federal Agency Pltf. 1 Complaint, filed. (ejones, )
3	Oct. 13, 2005	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	RECAP
4	Oct. 14, 2005	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)	RECAP
5	Nov. 4, 2005	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)	RECAP
6	Nov. 4, 2005	General Reference to Magistrate Judge Stephen Smith. Parties notified. (dkelly, ) (Entered: 11/04/2005)	RECAP
7	Nov. 4, 2005	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)	RECAP
8	Nov. 4, 2005	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)	RECAP
9	Nov. 14, 2005	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	RECAP
10	Nov. 14, 2005	ANSWER to Complaint by Texas Ear, Nose & Throat Consultants, P.L.L.C., filed.(Hamel, Douglas) (Entered: 11/14/2005)	RECAP
11	Nov. 30, 2005	JOINT DISCOVERY/CASE MANAGEMENT PLAN by Equal Employment Opportunity Commission, filed.(McFerren, Aimee) (Entered: 11/30/2005)	RECAP
12	Nov. 30, 2005	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	RECAP
13	Nov. 30, 2005	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	RECAP
14	Dec. 6, 2005	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	RECAP
15	Dec. 13, 2005	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)	RECAP
16	Dec. 13, 2005	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)	RECAP
17	Feb. 6, 2006	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)	RECAP
18	March 10, 2006	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)	RECAP
19	May 1, 2006	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	RECAP
22	May 1, 2006	AMENDED ANSWER to 1 Complaint by Texas Ear, Nose & Throat Consultants, P.L.L.C., filed. (jmarchand) (Entered: 05/26/2006)	RECAP
20	May 3, 2006	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	RECAP
21	May 26, 2006	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)	RECAP
23	Oct. 13, 2006	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	RECAP
24	Oct. 16, 2006	CONSENT DECREE. Case terminated on 10/16/2006.( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly, ) (Entered: 10/17/2006)	RECAP
25	Dec. 4, 2006	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)	RECAP

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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: 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

Private Entity/Person

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

Case Details

Causes of Action:

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

Other Dockets:

Southern District of Texas 4:05-cv-03374

Available Documents:

Any published opinion

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

Retaliation Prohibition

Amount Defendant Pays: 40000

Order Duration: 2006 - 2007

Issues

General/Misc.:

Retaliation

Discrimination Area:

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

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

Case Summary of EEOC v. Texas Ear, Nose & Throat Consultants, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/6206/ (last updated 12/26/2018).