Case: EEOC v. RED MCCOMBS SUPERIOR PONTIAC

5:06-cv-00775 | U.S. District Court for the Western District of Texas

Filed Date: Oct. 12, 2006

Closed Date: 2010

Clearinghouse coding complete

Case Summary

In September 2006 the San Antonio District Office of the EEOC filed this lawsuit against car dealer McCombs Pontiac-GMC Truck, Ltd. in the U. S. District Court for the Western District of Texas alleging discrimination on the basis of gender, female, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant terminated the complainant from her position as a finance director based upon her gender. Following some discovery, the parties settled the lawsuit in February 2008 through a consent decree.

The two-year decree, containing a non-discrimination paragraph, required the defendant to provide EEO training, report on training attendance, post notice of employee rights, and pay $125,000 to the complaining party. The docket sheet does not show any further enforcement took place; the case was presumably closed in 2010.

Summary Authors

David Friedman (4/28/2008)


Attorneys(s) for Plaintiff

Canino, Robert Anthony (Texas)

Cooper, Ronald S. (District of Columbia)

Harwin, Robert B. (District of Columbia)

Juarez, Edward (Texas)

Lee, James L. (District of Columbia)

Reams, Gwendolyn Young (District of Columbia)

Taylor, Judith G. (Texas)

Attorneys(s) for Plaintiff

Canino, Robert Anthony (Texas)

Cooper, Ronald S. (District of Columbia)

Harwin, Robert B. (District of Columbia)

Juarez, Edward (Texas)

Lee, James L. (District of Columbia)

Reams, Gwendolyn Young (District of Columbia)

Taylor, Judith G. (Texas)

Documents in the Clearinghouse

Document

Docket [PACER]

EEOC v. McCombs Pontiac-GMC Truck, Ltd.

Feb. 13, 2008 Docket
1-1

Complaint

EEOC v. McCombs Pontiac-GMC Truck, Ltd.

Oct. 12, 2006 Complaint
33

Consent Decree

EEOC v. McCombs Pontiac-GMC Truck, Ltd.

Feb. 13, 2008 Settlement Agreement

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link

If ordered by the court, all referrals will be assigned to Magistrate Judge Nowak (ga) (Entered: 09/13/2006)

Sept. 12, 2006
1

COMPLAINT , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil cover sheet)(ga) (Entered: 09/13/2006)

Sept. 12, 2006

Remark - No summons issued at this time. (ga) (Entered: 09/13/2006)

Sept. 12, 2006
2

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission as to McCombs Pontiac-GMC Truck, Ltd.. Waiver sent on 9/14/2006, answer due 11/13/2006. (rg1, ) (Entered: 10/10/2006)

Oct. 6, 2006
3

ANSWER to Complaint by McCombs Pontiac-GMC Truck, Ltd.(tm) (Entered: 11/14/2006)

Nov. 13, 2006
4

Notice of Substitution of Counsel: Defendant's Notice of Substitution of Counsel (Gourley, Lacey) (Entered: 12/11/2006)

Dec. 11, 2006
5

STATUS REPORT Joint Rule 26(f) Report by Equal Employment Opportunity Commission and McCombs Pontiac-GMC Truck, LTD. (Juarez, Edward) Modified on 12/21/2006 to add filer (tm). (Entered: 12/21/2006)

Dec. 21, 2006

Notice to attorneys : re 5 Status Report. Docket text was modified to add McCombs Pontiac-GMC Truck, LTD as a filer. (tm) (Entered: 12/21/2006)

Dec. 21, 2006
6

Proposed Scheduling Order by Equal Employment Opportunity Commission, McCombs Pontiac-GMC Truck, Ltd.. (Attachments: # 1)(Juarez, Edward) (Entered: 01/10/2007)

Jan. 10, 2007
7

SCHEDULING ORDER: Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge. Jury Selection set for 10/9/2007 09:30AM before Honorable Orlando L. Garcia. Jury Trial set for 10/9/2007 09:30 AM before Honorable Orlando L. Garcia. ADR Report Deadline due by 3/13/2007. Amended Pleadings due by 3/28/2007. Discovery due by 7/11/2007. Mediation due by 5/18/07. Dispositive Motions due by 7/26/2007.. Signed by Judge Orlando L. Garcia. (tm) (Entered: 01/19/2007)

Jan. 19, 2007
8

Agreed MOTION for Protective Order with Proposed Order by Equal Employment Opportunity Commission, McCombs Pontiac-GMC Truck, Ltd.. (Gourley, Lacey) (Entered: 01/26/2007)

Jan. 26, 2007

**Notice of Correction: re 8 Agreed MOTION for Protective Order with Proposed Order . When Motion for Protective Order was filed by attorney, Lacey Goutley was added as counsel for plaintiff in error. She has been deleted as attorney of record for Plaintiff.** (tm) (Entered: 01/26/2007)

Jan. 26, 2007
9

PROTECTIVE ORDER. Signed by Judge Orlando L. Garcia. (tm) (Entered: 01/30/2007)

Jan. 30, 2007
11

ADR Report Filed - by McCombs Pontiac-GMC Truck, Ltd.(Gourley, Lacey) (Entered: 03/12/2007)

March 12, 2007
12

Notice of Alternative Dispute Resolution Outcome: Did not settle.(Juarez, Edward) (Entered: 05/17/2007)

May 17, 2007
13

Joint MOTION to Extend Scheduling Order Deadlines by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Juarez, Edward) (Entered: 05/30/2007)

May 30, 2007
14

ORDER granting 13 Motion to Extend Scheduling Order Deadlines. Discovery due by 10/15/2007. Dispositive Motions due by 11/15/2007. Signed by Judge Orlando L. Garcia. (tm) (Entered: 05/31/2007)

May 31, 2007

Jury Selection reset for 1/28/2008 09:30AM before Honorable Orlando L. Garcia. Jury Trial reset for 1/28/2008 09:30 AM before Honorable Orlando L. Garcia. Trial reset pursuant to Court's Order 14 (tm) (Entered: 05/31/2007)

May 31, 2007
15

NOTICE Of Counsel's Retirement by Equal Employment Opportunity Commission (Juarez, Edward) (Entered: 07/12/2007)

July 12, 2007
16

DESIGNATION OF EXPERT WITNESS by McCombs Pontiac-GMC Truck, Ltd.. (Attachments: # 1 Exhibit Tab 1# 2 Exhibit Tab 2)(Gourley, Lacey) (Entered: 08/02/2007)

Aug. 2, 2007
17

NOTICE of Vacation by Equal Employment Opportunity Commission (Juarez, Edward) (Entered: 08/07/2007)

Aug. 7, 2007
18

Miscellaneous Objection Defendant's Objections to Plaintiff's Notice of Intent to Take Oral Deposition of 30(B)(6) Corporate Representative of McCombs Pontiac-GMC Truck, Ltd. by McCombs Pontiac-GMC Truck, Ltd.. (Attachments: # 1 Exhibit 1)(Gourley, Lacey) (Entered: 10/01/2007)

Oct. 1, 2007
19

RESPONSE to 18 Miscellaneous Objection, by Equal Employment Opportunity Commission. (Attachments: # 1 Supplement)(Juarez, Edward) (Entered: 10/03/2007)

Oct. 3, 2007
20

RESPONSE Defendant's Reply to Plaintiff EEOC's Response to Defendant's Objections to Plaintiff's Notice of Intent to Take Oral Deposition of 30(B)(6) Corporate Representative of McCombs Pontiac-GMC Truck, Ltd. to 18 Miscellaneous Objection, by McCombs Pontiac-GMC Truck, Ltd.. (Gourley, Lacey) (Entered: 10/09/2007)

Oct. 9, 2007
21

RESPONSE to Defendant's Reply to Defendant's Objections to Plaintiff's Notice of Intent to Take Oral Deposition 18 by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit)(Juarez, Edward) Modified on 10/11/2007 to reflect pleading the sur-reply is to (tm). (Entered: 10/11/2007)

Oct. 11, 2007

**Notice of Correction: re 21 Response. The docket text was modified by the clerk to reflect that pleading in which the plaintiff filed their sur-reply to was 18 Defendant's Objections to Plaintiff's Notice of Intent to Take Oral Deposition of 30(B)(6) Corporate Representative of McCombs Pontiac-GMC Truck, Ltd.** (tm) (Entered: 10/11/2007)

Oct. 11, 2007
22

ORDER that 18 Defendant's objections are SUSTAINED. Signed by Judge Orlando L. Garcia. (tm) (Entered: 10/11/2007)

Oct. 11, 2007
23

Motion for Status Conference by McCombs Pontiac-GMC Truck, Ltd. (Attachments: # 1 Proposed Order)(Gourley, Lacey) Modified on 11/30/2007 to edit text (tm). (Entered: 11/30/2007)

Nov. 30, 2007

**Notice of Correction: re 23 MOTION for Status Conference. Pleading was docketed incorrectly by cousel as a notice. Docket text has been edited by the clerk to reflect pleading as a motion. ** (tm) (Entered: 11/30/2007)

Nov. 30, 2007
24

NOTICE of Vacation by Equal Employment Opportunity Commission (Juarez, Edward) (Entered: 12/06/2007)

Dec. 6, 2007
25

Pretrial Disclosures by McCombs Pontiac-GMC Truck, Ltd.. (Gourley, Lacey) (Entered: 12/28/2007)

Dec. 28, 2007
26

MOTION for Extension of Time to File Rule 26(a)(3) Disclosures by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Juarez, Edward) (Entered: 12/31/2007)

Dec. 31, 2007
27

WITNESS/EXHIBIT LIST by Equal Employment Opportunity Commission. (Juarez, Edward) (Entered: 12/31/2007)

Dec. 31, 2007
28

ORDER ( Pretrial Conference set for 1/24/2008 01:30 PM before Judge Orlando L. Garcia.). Signed by Judge Orlando L. Garcia. (tm) (Entered: 01/07/2008)

Jan. 7, 2008
29

ORDER granting 26 Motion for Extension of Time to File Rule 26(a)(3) Pretrial Disclosures. Signed by Judge Orlando L. Garcia. (tm) (Entered: 01/07/2008)

Jan. 7, 2008
30

NOTICE of Settlement by Equal Employment Opportunity Commission and McCombs Pontiac-GMC Truck, Ltd. (Juarez, Edward) Modified on 1/17/2008 to add filer (tm). (Entered: 01/17/2008)

Jan. 17, 2008

**Notice of Correction: re 30 Notice of Settlement. Docket entry was edited by the clerk to select McCombs Pontiac-GMC Truck LTD as an additional filer.** (tm) (Entered: 01/17/2008)

Jan. 17, 2008
31

ORDER for Settlement Papers: parties shall submit a stipulation of dismissal or agreed judgment by 2/11/08. Pending 23 MOTION for Status Conference filed by McCombs Pontiac-GMC Truck, Ltd. is DENIED. The trial setting and pretrial conference is cancelled. Signed by Judge Orlando L. Garcia. (tm) (Entered: 01/17/2008)

Jan. 17, 2008
32

Joint MOTION for Settlement to Enter Consent Decree by Equal Employment Opportunity Commission and McCombs Pontiac-GMC Truck, Ltd. (Attachments: # 1 Consent Decree, # 2 Exhibit A of Consent Decree, # 3 Proposed Order)(Juarez, Edward) Modified on 2/7/2008 add additional filer (tm). (Entered: 02/07/2008)

Feb. 7, 2008

**Notice of Correction: re 32 Joint MOTION for Settlement to Enter Consent Decree . Docket entry modified by the clerk to select defendant as an additional filer.** (tm) (Entered: 02/07/2008)

Feb. 7, 2008
34

FINAL JUDGMENT and Order Entering Consent Decree. Signed by Judge Orlando L. Garcia. (tm) (Entered: 02/13/2008)

Feb. 13, 2008

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Oct. 12, 2006

Closing Date: 2010

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

McCombs Pontiac-GMC Truck, Ltd. (San Antonio, 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: 125000

Order Duration: 2008 - 2010

Content of Injunction:

Provide antidiscrimination training

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Reporting

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits