Case: EEOC v. HARBISON-WALKER REFRACTORIES

4:02-cv-00640 | U.S. District Court for the Southern District of Texas

Filed Date: Feb. 21, 2002

Closed Date: June 27, 2003

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Case Summary

The EEOC Houston office filed this suit in U.S. District Court for the Southern District of Texas, Houston Division on February 21, 2002 against Harbison-Walker Refractories. Although the complaint was not available, it appears from the consent decree that the EEOC alleged age discrimination in violation of ADEA. Defendant did not submit its answer until over 3 months after it was due, at which time the EEOC had filed for a default judgment. After defendant answered, the parties notified the court that they felt a settlement was possible. Three months after notifying the court of the potential settlement, a consent decree was proposed and subsequently entered on June 27, 2003.

Under the consent decree the defendant agreed to pay the complainant $35,000 and ensure that its employees received proper anti-discrimination training in the future. In exchange, the EEOC agreed to release the claim it had filed in bankruptcy court against the defendant.

Summary Authors

Jason Chester (7/24/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14016302/parties/equal-employment-v-harbison-walker-refr/

Judge(s)

Rosenthal, Lee Hyman (Texas)

Attorney for Plaintiff

Boutchee, Kathy D (Texas)

Attorney for Defendant

Corpuz, Victor Navasca (Texas)

Judge(s)

Rosenthal, Lee Hyman (Texas)

Attorney for Plaintiff

Boutchee, Kathy D (Texas)

Attorney for Defendant

Corpuz, Victor Navasca (Texas)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

4:02-cv-00640	Docket EEOC v. Harbison-Walker Refractories	June 27, 2003	June 27, 2003 Docket
20 4:02-cv-00640	Consent Decree EEOC v. Harbison-Walker Refractories	June 27, 2003	June 27, 2003 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/14016302/equal-employment-v-harbison-walker-refr/

Last updated Sept. 30, 2026, 12:05 a.m.

Docket for: Equal Employment v. Harbison-Walker Refr

ECF Number	Date	Description	Link
1	Feb. 21, 2002	COMPLAINT by Equal Employment filed; (bchurchill) (Entered: 02/22/2002)	RECAP
2	Feb. 21, 2002	Order setting Initial Pretrial and Scheduling Conference on 8:45 6/28/02 before Judge Lee H. Rosenthal and Order to Disclose Interested Persons, filed. Parties notified. (bchurchill) (Entered: 02/22/2002)	RECAP
	Feb. 21, 2002	1 SUMMONS issued for Harbison-Walker Refr (bchurchill)
3	May 22, 2002	ORDER that Pltf effect service w/in 30 days from the date this order is entered; failure to do so may lead to dismissal of this action without prejudice, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (fmremp) (Entered: 05/23/2002)	RECAP
4	May 24, 2002	RETURN OF SERVICE executed as to Harbison-Walker Refr 3/1/02 filed. Answer due on 3/21/02 for Harbison-Walker Refr (sguevara) (Entered: 05/28/2002)	RECAP
5	June 4, 2002	ORDER OF PENDING DISMISSAL, entered. The appropriate motions must be filed within 20 days of the date this order is entered. Parties notified. ( signed by Judge Lee H. Rosenthal ) (amaly) (Entered: 06/04/2002)	RECAP
6	June 21, 2002	REQUEST by Equal Employment for Entry of Default, filed. (hlerma) (Entered: 06/25/2002)	RECAP
7	June 21, 2002	MOTION for default judgment against Harbison-Walker Refr by Equal Employment, Motion Docket Date 7/11/02 [7-1] motion, filed. (hlerma) (Entered: 06/25/2002)	RECAP
8	June 27, 2002	ORDER; the initial pretrial and scheduling conference set for 6/28/02 is cancelled due to pltf's filing of a motion for default; terminated deadlines, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (sguevara) (Entered: 06/28/2002)	RECAP
10	July 2, 2002	RESPONSE by Harbison-Walker Refr to Pltf's [7-1] request for entry of default judgment against Harbison-Walker Refr, filed. (fmremp) (Entered: 07/05/2002)	RECAP
9	July 3, 2002	ANSWER to pltf's Original Complaint and Defenses by Harbison-Walker Refr (Added attorney Victor Navasca Corpuz), filed.; jury demand (kprice) (Entered: 07/04/2002)	RECAP
11	July 11, 2002	ORDER denying pltf's [7-1] motion for default judgment against Harbison-Walker Refr; an initial pre-trial and scheduling conference is set for 8:45 am on 8/30/02 before Judge Lee H. Rosenthal, entered; counsel shall file the joint discovery/case management plac by 8/16/02. Parties notified. ( signed by Judge Lee H. Rosenthal ) (sguevara) Modified on 07/16/2002 (Entered: 07/11/2002)	RECAP
	July 11, 2002	Deadline updated per order #11; parties shall file their joint discovery/case management plan by 8/16/02 (ltien) (Entered: 07/16/2002)	PACER
	July 11, 2002	Deadline updated per order #11; parties shall file their joint discovery/case management plan by 8/16/02 (ltien)
12	Aug. 16, 2002	JOINT DISCOVERY/Case Management Plan by Equal Employment, Harbison-Walker Refr, filed. (hlerma) (Entered: 08/16/2002)	RECAP
13	Aug. 27, 2002	CERTIFICATE OF INTERESTED PARTIES by Equal Employment, filed. (sguevara) (Entered: 08/27/2002)	RECAP
14	Aug. 27, 2002	ORDER ; The court has entered the scheduling and docket control order to control this case. The initial pretrial conference set for 8/30/02 is CANCELED ; terminated deadlines, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (kprice) Modified on 09/02/2002 (Entered: 08/28/2002)	RECAP
15	Aug. 27, 2002	SCHEDULING AND DOCKET CONTROL ORDER ; setting Mediation deadline 3/14/03 Amending of pleadings 10/28/02 ; Joining of parties 10/28/02 ; Pltf expert witness list submitted by 1/31/03 ; Deft expert witness list submitted by 3/7/03 ; Discovery cutoff 5/30/03 ; Deadline for filing all dispositive motions 6/20/03 ; Deadline for filing non-dispositive motions 6/20/03 ; Joint Pretrial order to be submitted on or before 8/22/03 ; docket call deadline 2:00 8/29/03 ; before Judge Lee H. Rosenthal, entered. Parties notified. ( Signed by Judge Lee H. Rosenthal ) (kprice) (Entered: 08/28/2002)	RECAP
16	Aug. 29, 2002	CERTIFICATE OF INTERESTED PARTIES by Harbison-Walker Refr, filed. (sfedele) (Entered: 08/29/2002)	RECAP
17	March 14, 2003	JOINT REPORT ON ALTERNATIVE DISPUTE RESOLUTION by Plaintiff and Defendant, filed. Plaintiff believes that parties will be able to reach an agreement w/o incurring the cost of mediation. Defendant is willing to consider mediation or settlement discussions. Both parites ask that discovery be postponed and move for a continuance to avoid unnecessary litigation expenses. (mhorn) (Entered: 03/31/2003)	RECAP
18	May 26, 2003	ORDER OF DISMISSAL on the merits without prejudice, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (sguevara) (Entered: 05/27/2003)	RECAP
	May 26, 2003	Case closed (sguevara) (Entered: 05/27/2003)	PACER
	May 26, 2003	Case closed (sguevara)
19	June 24, 2003	JOINT MOTION to approve and enter consent decree in resolution of a suit by Equal Employment, Harbison-Walker Refr, filed (sguevara) (Entered: 06/26/2003)	RECAP
20	June 27, 2003	ORDER granting [19-1] joint motion to approve and enter consent decree in resolution of a suit, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (sguevara) (Entered: 07/01/2003)	RECAP

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Case Details

State / Territory:

Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Feb. 21, 2002

Closing Date: June 27, 2003

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

Harbison-Walker Refractories

Case Details

Causes of Action:

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

Other Dockets:

Southern District of Texas 4:02-cv-00640

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

Implement complaint/dispute resolution process

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Retaliation Prohibition

Amount Defendant Pays: 35000

Order Duration: 2003 - 2006

Issues

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits

Recommended Citation

Case Summary of EEOC v. HARBISON-WALKER REFRACTORIES, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/6375/ (last updated 7/24/2007).