Case: EEOC v. SUMMIT SALES COMPANY, INC.

3:97-cv-02200 | U.S. District Court for the Northern District of Texas

Filed Date: Sept. 8, 1997

Closed Date: May 18, 1998

Clearinghouse coding complete

Case Summary

The Dallas District Office of the EEOC brought this action in the U.S. District Court for the Northern District of Texas, against Summit Sales Company, Inc. The complaint, filed in September 1997, alleged age discrimination in violation of the Age Discrimination in Employment Act (ADEA); specifically that Defendant subjected him to disparate treatment and discharged him from his position because of his age (67). The case was referred to mediation in January 1998 and in May 1998 the parties entered into a consent decree.

The decree provided for the Defendant to pay the charging party a total of $15,000, provide him with a neutral employment reference, and assume some the responsibility of the charging party's indebtedness to the Defendant's 401K plan. Defendant was enjoined from discriminating or retaliating in violation of the ADEA and was required to post a notice of non-discrimination at its facility and provide annual ADEA training to its employees.

Summary Authors

Elizabeth Glassman (7/24/2007)

Documents in the Clearinghouse

Document

3:97-cv-02200

Docket [PACER]

EEOC v. Summit Sale Company, Inc.

Oct. 2, 1998

Oct. 2, 1998

Docket
13

3:97-cv-02200

Consent Decree

EEOC v. Summit Sales Company, Inc.

May 18, 1998

May 18, 1998

Settlement Agreement

Resources

Docket

Last updated Aug. 10, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; (5) (alh) (Entered: 09/09/1997)

Sept. 8, 1997

Sept. 8, 1997

1

DEMAND for jury trial by plaintiff EEOC (5) (alh) (Entered: 09/09/1997)

Sept. 8, 1997

Sept. 8, 1997

PRELIMINARY ASSIGNMENT TO Magistrate Judge Wm F Sanderson Jr (alh) (Entered: 09/09/1997)

Sept. 8, 1997

Sept. 8, 1997

2

SUMMONS(ES) issued for defendant Summit Sales Co Inc (Iss-1) (alh) (Entered: 09/09/1997)

Sept. 8, 1997

Sept. 8, 1997

3

RETURN OF SERVICE executed as to defendant Summit Sales Co Inc...by deliverying to registered agent 9/9/97 Answer due on 9/29/97 for Summit Sales Co Inc (1) (jrb) (Entered: 09/15/1997)

Sept. 12, 1997

Sept. 12, 1997

4

Original ANSWER to Complaint by defendant Summit Sales Co Inc (Attorney Emily Gail Tobolowsky), (2) (jrb) (Entered: 09/29/1997)

Sept. 29, 1997

Sept. 29, 1997

5

Standard SCHEDULING ORDER setting Docket call set for 11/5/98 ; Amending of Pleadings on 2/17/98 ; Deadline for filing of dispositive motions 5/15/98 ; Discovery cutoff 4/16/98 ; Pretrial materials due on 10/20/98 Pretrial conference for 10:00 10/30/98 ; ( signed by JB) Copies to counsel: 10/17/97 Page(s): 15 (jrb) (Entered: 10/17/1997)

Oct. 16, 1997

Oct. 16, 1997

5

STATUS REPORT ORDER. Joint Status report due on 12/16/97 ( signed by JB) Copies to counsel: 10/17/97 Page(s): 15 (jrb) (Entered: 10/17/1997)

Oct. 16, 1997

Oct. 16, 1997

Utility Flag set. JURY (jrb) (Entered: 10/17/1997)

Oct. 16, 1997

Oct. 16, 1997

6

Joint STATUS REPORT by plaintiff EEOC, defendant Summit Sales Co Inc (3) (jrb) (Entered: 12/16/1997)

Dec. 15, 1997

Dec. 15, 1997

8

Agreed/JOINT MOTION to extend time/to extend mediation deadline by plaintiff EEOC, defendant Summit Sales Co Inc (3) (jrb) (Entered: 02/25/1998)

Feb. 24, 1998

Feb. 24, 1998

8

MEMORANDUM by plaintiff EEOC, defendant Summit Sales Co Inc in support of [8-1] joint motion to extend time/to extend mediation deadline (3) (jrb) (Entered: 02/25/1998)

Feb. 24, 1998

Feb. 24, 1998

9

Agreed ORDER granting [8-1] joint motion to extend time/to extend mediation deadline...until 3/30/98. ( signed by JB) Copies to counsel: 3/3/98 Page(s) 2 (jrb) (Entered: 03/03/1998)

March 2, 1998

March 2, 1998

10

Confidentiality ORDER...see order for specifics. ( signed by JB) Copies to counsel: 3/3/98 Page(s) (jrb) (Entered: 03/03/1998)

March 2, 1998

March 2, 1998

11

RETURN OF SERVICE executed re: subpoena in a civil case to Keeper of the Records Rampak. (1) (jrb) (Entered: 04/06/1998)

April 3, 1998

April 3, 1998

12

MEMORANDUM DIRECTING ADMINISTRATIVE CLOSURE per chambers of Chief Judge Jerry Buchmeyer (jrb) (Entered: 04/17/1998)

April 17, 1998

April 17, 1998

Case closed (jrb) (Entered: 04/17/1998)

April 17, 1998

April 17, 1998

13

Consent Decree/ORDER...see order for specifics. ( signed by JB) Copies to counsel: 5/19/98 Page(s) 7 (jrb) (Entered: 05/19/1998)

May 18, 1998

May 18, 1998

14

Alternative Dispute Resolution Summary. Filed by ADR Provider Louis J Weber . Attorneys in attendance Louis J Weber, Emily Gail Tobolowsky, Nancy S Brewer, Jeffrey Charles Bannon. Prv Fee: $ 1900.00 Disposition: Settled In ADR (djd) (Entered: 10/02/1998)

Oct. 2, 1998

Oct. 2, 1998

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 8, 1997

Closing Date: May 18, 1998

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

Summit Sales Company, Inc., Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

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: 15000

Content of Injunction:

Discrimination Prohibition

Neutral/Positive Reference

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Reporting

Provide antidiscrimination training

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits