Case: EEOC v. SHIPLEY'S DONUTS

4:06-cv-02106 | U.S. District Court for the Southern District of Texas

Filed Date: June 22, 2006

Closed Date: 2009

Clearinghouse coding complete

Case Summary

In June 2006 the Houston District Office of the EEOC filed this lawsuit against food manufacturer Shipley Donut Flour & Supply Co., Inc., doing business as Shipley Do-Nuts, 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 complaint alleges the defendant retaliated against the complaining party for filing a discrimination charge. Following some discovery and the defendant's failed mot…

In June 2006 the Houston District Office of the EEOC filed this lawsuit against food manufacturer Shipley Donut Flour & Supply Co., Inc., doing business as Shipley Do-Nuts, 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 complaint alleges the defendant retaliated against the complaining party for filing a discrimination charge. Following some discovery and the defendant's failed motion for summary judgment, the parties settled the lawsuit in September 2007 through a consent decree.

The two-year decree, containing anti-discrimination and retaliation clauses, required the defendant to: make compliance reports to the EEOC, allow access to the EEOC for monitoring, create a special compliance monitor, expunge the complainant's employment record and supply a neutral reference, post notice of employee rights, provide EEO training, implement a complaint resolution process, not employ a specified individual as a supervisor, institute an eviction notice procedure for company-sponsored housing, and pay $6,500 to the complaining party. The docket sheet does not show any further enforcement; the case was presumably closed in 2009.

Summary Authors

Daisy Manning (4/29/2008)

Documents in the Clearinghouse

Document

4:06-cv-02106

Docket (PACER)

Equal Employment Opportunity Commission v. Shipley Donut Flour & Supply Co.

Sept. 24, 2007

Sept. 24, 2007

Docket
1-1

4:06-cv-02106

Complaint

EEOC v. Shipley Donut Flour & Supply Co.

June 22, 2006

June 22, 2006

Complaint
37

4:06-cv-02106

Memorandum and Order [re: Summary Judgment]

EEOC v. Shipley Donut Flour & Supply Co.

Sept. 19, 2007

Sept. 19, 2007

Order/Opinion
45

4:06-cv-02106

Consent Decree

EEOC v. Shipley Donut Flour & Supply Co.

Sept. 24, 2007

Sept. 24, 2007

Settlement Agreement

Resources

Docket

Last updated Aug. 12, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Shipley Donut Flour & Supply Co., Inc. (Filing fee $ 350) filed by Equal Employment Opportunity Commission.(lusmith, ) Additional attachment(s) added on 6/23/2006 (lfilmore, ). Additional attachment(s) added on 6/23/2006 (lfilmore, ). (Entered: 06/22/2006)

June 22, 2006

June 22, 2006

Summons Issued as to Shipley Donut Flour & Supply Co., Inc. , filed.(lusmith, ) (Entered: 06/22/2006)

June 22, 2006

June 22, 2006

2

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/6/2006 at 10:45 AM in Room 8613 before Judge Keith P Ellison. ( Signed by Judge Keith P Ellison ) Parties notified. (lusmith, ) (Entered: 06/22/2006)

June 22, 2006

June 22, 2006

3

CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opportunity Commission, filed.(mmarch, ) (Entered: 06/28/2006)

June 27, 2006

June 27, 2006

5

Defendant's Disclosure of Interested Parties by Shipley Donut Flour & Supply Co., Inc., filed.(Ivey, Robert) (Entered: 09/21/2006)

Sept. 21, 2006

Sept. 21, 2006

6

JOINT DISCOVERY/CASE MANAGEMENT PLAN by all defendants, filed.(Londa, Jeffrey) (Entered: 09/22/2006)

Sept. 22, 2006

Sept. 22, 2006

7

SUMMONS Returned Executed as to Shipley Do-Nuts c/o L W Shipley, III Registered Agent, filed.(sbyrum, ) (Entered: 10/02/2006)

Sept. 29, 2006

Sept. 29, 2006

8

SCHEDULING/DOCKET CONTROL ORDER: ETT: 4-5 Days. Jury. Joinder of Parties due by 10/13/2007; Pltf Expert Report due by 4/15/2007; Deft Expert Report due by 6/1/2007; Discovery due by 7/31/2007; Dispositive & Non-Dispositive Motion Filing due by 8/15/2007; Joint Pretrial Order & Motions In Limine due by 9/17/2007. Jury Selection & Trial set for 9/24/2007 at 08:30 AM in Courtroom 8C before Judge Keith P Ellison.( Signed by Judge Keith P Ellison ) Parties notified.(csonnier, ) (Entered: 10/02/2006)

Oct. 2, 2006

Oct. 2, 2006

9

ORDER CANCELLING INITIAL CONFERENCE. Initial Conference set for 10/6/2006 at 10:45 AM is now CANCELED.( Signed by Judge Keith P Ellison ) Parties notified.(csonnier, ) (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

10

INITIAL DISCLOSURES by Equal Employment Opportunity Commission, filed.(sbyrum, ) (Entered: 10/04/2006)

Oct. 3, 2006

Oct. 3, 2006

11

Unopposed MOTION to Substitute Attorney Teresa S. Valderrama in place of Jeffrey C. Londa by all defendants, filed. Motion Docket Date 4/9/2007. (Attachments: # 1 Proposed Order)(Valderrama, Teresa) (Entered: 03/19/2007)

March 19, 2007

March 19, 2007

12

Order GRANTING 11 Unopposed Motion to Substitute Attorney Teresa S. Valderrama in place of Jeffrey C. Londa, Attorney Jeffrey C Londa terminated.( Signed by Judge Keith P Ellison ) Parties notified.(csonnier, ) (Entered: 03/20/2007)

March 20, 2007

March 20, 2007

13

DESIGNATION OF EXPERT WITNESS LIST by Shipley Donut Flour & Supply Co., Inc., filed.(Valderrama, Teresa) (Entered: 06/01/2007)

June 1, 2007

June 1, 2007

14

MEMORANDUM & ORDER. Dispositive Motion Filing due by 8/8/2007. Responses due by 8/30/2007. Replies due by 9/6/2007 ( Signed by Judge Keith P Ellison ) Parties notified.(csonnier, ) (Entered: 06/25/2007)

June 25, 2007

June 25, 2007

15

Opposed MOTION for Summary Judgment by Shipley Donut Flour & Supply Co., Inc., filed. Motion Docket Date 8/28/2007. (Valderrama, Teresa) (Entered: 08/08/2007)

Aug. 8, 2007

Aug. 8, 2007

16

APPENDIX re: 15 Opposed MOTION for Summary Judgment by Shipley Donut Flour & Supply Co., Inc., filed. (Attachments: # 1 Exhibit 1 & 2# 2 Exhibit 3 & 4# 3 Exhibit 5# 4 Exhibit 6 & 7# 5 Exhibit 8 - 11# 6 Exhibit 12 - 16# 7 Exhibit 17 - 20# 8 Exhibit 21 - 23# 9 Exhibit 24# 10 Exhibit 25 & 26# 11 Exhibit 27# 12 Exhibit 28 - 31# 13 Exhibit 32# 14 Exhibit 33)(Valderrama, Teresa) (Entered: 08/08/2007)

Aug. 8, 2007

Aug. 8, 2007

18

EXHIBITS re: 17 Response in Opposition to Motion by Equal Employment Opportunity Commission, filed.(Sustaita, Rodolfo) (Entered: 08/30/2007)

Aug. 30, 2007

Aug. 30, 2007

19

EXHIBITS re: 17 Response in Opposition to Motion by Equal Employment Opportunity Commission, filed. (Attachments: # 1 Exhibit Ex B)(Sustaita, Rodolfo) (Entered: 08/30/2007)

Aug. 30, 2007

Aug. 30, 2007

20

EXHIBITS re: 17 Response in Opposition to Motion by Equal Employment Opportunity Commission, filed. (Attachments: # 1 # 2 # 3)(Sustaita, Rodolfo) (Entered: 08/30/2007)

Aug. 30, 2007

Aug. 30, 2007

21

EXHIBITS re: 17 Response in Opposition to Motion by Equal Employment Opportunity Commission, filed. (Attachments: # 1 # 2 Affidavit)(Sustaita, Rodolfo) (Entered: 08/30/2007)

Aug. 30, 2007

Aug. 30, 2007

22

MOTION to Strike 15 Opposed MOTION for Summary Judgment Exhibits by Equal Employment Opportunity Commission, filed. Motion Docket Date 9/19/2007. (Attachments: # 1 Proposed Order)(Sustaita, Rodolfo) (Entered: 08/30/2007)

Aug. 30, 2007

Aug. 30, 2007

23

ORDER SETTING HEARING. Motion Hearing set for 9/11/2007 at 10:30 AM in Chambers, Room 3716 before Judge Keith P Ellison. Parties should be prepared to discuss the pending Motion for Summary Judgment.( Signed by Judge Keith P Ellison ) Parties notified.(csonnier, ) (Entered: 09/04/2007)

Sept. 4, 2007

Sept. 4, 2007

24

NOTICE of Resetting. Motion Hearing set for 9/11/2007 at 10:30 AM has been reset to 9/10/2007 at 02:30 PM in Chambers, Room 3716 before Judge Keith P Ellison, filed. Parties notified. (csonnier, ) (Entered: 09/04/2007)

Sept. 4, 2007

Sept. 4, 2007

25

RESPONSE in Opposition to 22 MOTION to Strike 15 Opposed MOTION for Summary Judgment Exhibits , filed by Shipley Donut Flour & Supply Co., Inc.. (Attachments: # 1 Proposed Order)(Valderrama, Teresa) (Entered: 09/06/2007)

Sept. 6, 2007

Sept. 6, 2007

26

EXHIBITS re: 25 Response in Opposition to Motion by Shipley Donut Flour & Supply Co., Inc., filed.(Valderrama, Teresa) (Entered: 09/06/2007)

Sept. 6, 2007

Sept. 6, 2007

27

MOTION to Strike 17 Response in Opposition to Motion (Strike Portions of Affidavit Exhibits) by Shipley Donut Flour & Supply Co., Inc., filed. Motion Docket Date 9/26/2007. (Attachments: # 1 Exhibit # 2 Proposed Order)(Valderrama, Teresa) (Entered: 09/06/2007)

Sept. 6, 2007

Sept. 6, 2007

28

REPLY in Support of 15 Opposed MOTION for Summary Judgment, filed by Shipley Donut Flour & Supply Co., Inc.. (Attachments: # 1 Exhibit Index & Ex. 1-2# 2 Exhibit 3-4# 3 Exhibit 5-7# 4 Exhibit 8-9# 5 Exhibit 10-11# 6 Exhibit 12-14# 7 Exhibit 15-20# 8 Exhibit 21-24# 9 Exhibit 25-26# 10 Exhibit 27-28)(Valderrama, Teresa) (Entered: 09/06/2007)

Sept. 6, 2007

Sept. 6, 2007

29

RESPONSE in Opposition to 27 MOTION to Strike 17 Response in Opposition to Motion (Strike Portions of Affidavit Exhibits) MOTION to Strike 17 Response in Opposition to Motion (Strike Portions of Affidavit Exhibits) , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order order)(Sustaita, Rodolfo) (Entered: 09/09/2007)

Sept. 9, 2007

Sept. 9, 2007

30

SURREPLY to 15 Opposed MOTION for Summary Judgment, filed by Equal Employment Opportunity Commission. (Sustaita, Rodolfo) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 9/10/2007. Counsel state their position with respect to 15 Defendant's Motion for Summary. The Court takes the matter under advisement. Appearances: Rodolfo Lucio Sustaita, Teresa S Valderrama, Brandi Sablatura.(Court Reporter: A. Manley), filed.(csonnier, ) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

31

MOTION in Limine by Shipley Donut Flour & Supply Co., Inc., filed. Motion Docket Date 10/9/2007. (Attachments: # 1 Proposed Order Granting Motion in Limine# 2 Exhibit A-Brief in Support Points 17 and 18# 3 Exhibit B-Brief in Support of 29 and 30)(Gautreaux, Brandi) (Entered: 09/17/2007)

Sept. 17, 2007

Sept. 17, 2007

32

Joint Proposed Pretrial Order by Equal Employment Opportunity Commission, filed. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit Exhibit E# 6 Exhibit Exhibit F# 7 Exhibit Exhibit G Joint Statement# 8 Exhibit Exhibit G Plt's Jury Charge# 9 Exhibit Exhibit G Def Jury Charge# 10 Exhibit Exhibit H# 11 Exhibit Exhibit I)(Sustaita, Rodolfo) (Entered: 09/17/2007)

Sept. 17, 2007

Sept. 17, 2007

33

MOTION in Limine by Equal Employment Opportunity Commission, filed. Motion Docket Date 10/9/2007. (Sustaita, Rodolfo) (Entered: 09/17/2007)

Sept. 17, 2007

Sept. 17, 2007

34

Opposed MOTION to Compel Production of Documents for Trial or in the Alternative, MOTION to Dismiss by Shipley Donut Flour & Supply Co., Inc., filed. Motion Docket Date 10/9/2007. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Proposed Order)(Valderrama, Teresa) Motion to Dismiss added on 9/27/2007 (ltien, ). (Entered: 09/19/2007)

Sept. 19, 2007

Sept. 19, 2007

35

Opposed MOTION to Strike 32 Proposed Pretrial Order, (Previously Undisclosed Witnesses on EEOC's Witness List) by Shipley Donut Flour & Supply Co., Inc., filed. Motion Docket Date 10/9/2007. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Proposed Order)(Valderrama, Teresa) (Entered: 09/19/2007)

Sept. 19, 2007

Sept. 19, 2007

36

NOTICE of Objections to Plaintiff's Exhibits re: 32 Proposed Pretrial Order, by Shipley Donut Flour & Supply Co., Inc., filed. (Attachments: # 1 Proposed Order on Defendant's Objections to Plaintiff's Exhibits)(Valderrama, Teresa) (Entered: 09/19/2007)

Sept. 19, 2007

Sept. 19, 2007

37

ORDER denying 15 Motion for Summary Judgment; denying as moot 22 Motion to Strike; denying as moot 27 Motion to Strike.( Signed by Judge Keith P Ellison ) Parties notified.(svaught) (Entered: 09/19/2007)

Sept. 19, 2007

Sept. 19, 2007

38

ORDER SETTING HEARING. Motion Hearing set for 9/20/2007 at 02:30 PM in Chambers, Room 3716 before Judge Keith P Ellison. Parties should be prepared to discuss the pending motions.( Signed by Judge Keith P Ellison ) Parties notified.(csonnier, ) (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

40

PRETRIAL MEMORANDUM by Equal Employment Opportunity Commission, filed.(Sustaita, Rodolfo) (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 9/20/2007 33 MOTION in Limine, 31 MOTION in Limine, 34 Opposed MOTION to Compel Production of Documents for Trial, 39 MOTION to Strike 32 Proposed Pretrial Order, Def's Exhibits , 35 Opposed MOTION to Strike 32 Proposed Pretrial Order, (Previously Undisclosed Witnesses on EEOC's Witness List) Opposed MOTION to Strike 32 Proposed Pretrial Order, (Previously Undisclosed Witnesses on EEOC's Witness List) . Rulings on motions were made on the record in open Court. Any rulings not made in today's hearing will be made as they arise in the course of trial. Appearances:(Law Clerk: John Lavinsky) Timothy Bowne. Brandi Cherie Gautreaux, Rodolfo Lucio Sustaita, Teresa S Valderrama.(Court Reporter: Warner), filed.(svaught) (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

41

MOTION for Reconsideration of 31 MOTION in Limine by Shipley Donut Flour & Supply Co., Inc., filed. Motion Docket Date 10/11/2007. (Swindell, Virginia) (Entered: 09/21/2007)

Sept. 21, 2007

Sept. 21, 2007

42

PROPOSED ORDER re: 41 MOTION for Reconsideration of 31 MOTION in Limine, filed.(Swindell, Virginia) (Entered: 09/21/2007)

Sept. 21, 2007

Sept. 21, 2007

43

SUPPLEMENTAL MOTION in Limine by Shipley Donut Flour & Supply Co., Inc., filed. (Attachments: # 1 Proposed Order)(Swindell, Virginia) Modified on 9/27/2007 (ltien, ). (Entered: 09/21/2007)

Sept. 21, 2007

Sept. 21, 2007

44

Joint MOTION for Settlement by Equal Employment Opportunity Commission, filed. Motion Docket Date 10/11/2007. (Attachments: # 1 Proposed Order Consent Decree)(Sustaita, Rodolfo) (Entered: 09/21/2007)

Sept. 21, 2007

Sept. 21, 2007

45

CONSENT DECREE.( Signed by Judge Keith P Ellison ) Parties notified.(svaught) (Entered: 09/24/2007)

Sept. 24, 2007

Sept. 24, 2007

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: June 22, 2006

Closing Date: 2009

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

Shipley Donut Flour & Supply Co., Inc. (Houston, Texas), 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: 6500

Order Duration: 2007 - 2009

Content of Injunction:

Discrimination Prohibition

Expungement of Employment Record

Neutral/Positive Reference

Retaliation Prohibition

Provide antidiscrimination training

Post/Distribute Notice of Rights / EE Law

Implement complaint/dispute resolution process

Reporting

Monitoring

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Harassment / Hostile Work Environment

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

Discrimination-basis:

National origin discrimination

EEOC-centric:

Direct Suit on Merits

National Origin/Ethnicity:

Indian