Case: EEOC v. FARRIS CONCRETE

4:02-cv-00105 | U.S. District Court for the Eastern District of Texas

Filed Date: April 8, 2002

Closed Date: Jan. 5, 2006

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Case Summary

The San Antonio and Dallas Offices of the EEOC filed this action in the U.S. District Court for the Eastern District of Texas. The Defendant was Farris Concrete Company, a commercial and industrial concrete provider. The controversy involved the alleged harassment and constructive discharge of the complainant based on her sex in violation of Title VII of the Civil Rights Act of 1964. The lawsuit was filed in April 2002 and was resolved by consent decree in January 2004. The complainant, who did not intervene in the case, was awarded $15,000, expungement of the incident from her personnel file, and a guarantee of neutral reference. In addition, the company was required to provide training and had to post a Notice of rights. The decree was to last for two years.

Summary Authors

Kevin Wilemon (8/11/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/24239664/parties/eeoc-v-farris-concrete-co/

Judge(s)

Bush, Don D. (Texas)

Attorney for Plaintiff

Mallon, Keri Lyn (Texas)

Rivela, David C (Texas)

Attorney for Defendant

Boyd, William Maston (Texas)

Expert/Monitor/Master/Other

Faulkner, Robert W (Texas)

Judge(s)

Bush, Don D. (Texas)

Schell, Richard A. (Texas)

Attorney for Plaintiff

Mallon, Keri Lyn (Texas)

Rivela, David C (Texas)

Attorney for Defendant

Boyd, William Maston (Texas)

Other

Faulkner, Robert W (Texas)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

4:02-cv-00105	Docket (PACER) EEOC v. Farris Concrete Co	June 15, 2005	June 15, 2005 Docket
1 4:02-cv-00105	Plaintiff EEOC's Complaint EEOC v. Farris Concrete Company	April 8, 2002	April 8, 2002 Complaint
50 4:02-cv-00105	Consent Decree EEOC v. Farris Concrete Company	Jan. 5, 2004	Jan. 5, 2004 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/24239664/eeoc-v-farris-concrete-co/

Last updated Sept. 29, 2026, 10:26 p.m.

Docket for: EEOC v. Farris Concrete Co

ECF Number	Date	Description	Link
1	April 8, 2002	Original Complaint filed. Cause: 42:2000 Job Discrimination (Sex) (ttm) (Entered: 04/08/2002)	RECAP
2	April 8, 2002	ORDER referring case to Magistrate Judge Robert W. Faulkner to handle pretrial proceedings (copy file sent) ( signed by Judge Paul Brown ) cc:atty on 4-8-02 (ttm) (Entered: 04/08/2002)	RECAP
	April 8, 2002	Magistrate consent forms mailed to EEOC . (ttm) (Entered: 04/08/2002)	PACER
	April 8, 2002	Summons(es) issued for Farris Concrete Co; returned to atty for service (ttm) (Entered: 04/08/2002)	PACER
	April 8, 2002	Magistrate consent forms mailed to EEOC . (ttm)
	April 8, 2002	Summons(es) issued for Farris Concrete Co; returned to atty for service (ttm)
3	June 6, 2002	WAIVER OF SERVICE Returned Executed as to Farris Concrete Co 4/17/02 Answer due on 6/17/02 for Farris Concrete Co (ttm) (Entered: 06/06/2002)	RECAP
4	June 17, 2002	Answer to original complaint by Farris Concrete Co (ttm) (Entered: 06/17/2002)	RECAP
	June 17, 2002	Magistrate consent forms mailed to Farris Concrete Co . (ttm) (Entered: 06/17/2002)	PACER
	June 17, 2002	Magistrate consent forms mailed to Farris Concrete Co . (ttm)
5	June 21, 2002	ORDER for mgt cnf, set management conference for 9:30 8/13/02 before Magistrate Judge Robert W. Faulkner ( signed by Magistrate Judge Robert W. Faulkner 6-21-02) cc:attys on 6-21-02 (ttm) (Entered: 06/21/2002)	RECAP
6	July 23, 2002	Notice of Hearing: reset management conference for 11:30 8/27/02 before Magistrate Judge Robert W. Faulkner cc: attys of record 7/23/02 (former empl) (Entered: 07/23/2002)	RECAP
7	July 25, 2002	Notice of attorney appearance for EEOC by Keri L Mallon (ttm) (Entered: 07/25/2002)	RECAP
8	Aug. 20, 2002	Notice of initial disclosure by Farris Concrete Co (ttm) (Entered: 08/20/2002)	RECAP
	Aug. 22, 2002	Duplicate copy file to staff atty (ttm) (Entered: 08/22/2002)	PACER
	Aug. 22, 2002	Duplicate copy file to staff atty (ttm)
	Aug. 27, 2002	MANAGEMENT CONFERENCE held before Magistrate Judge Robert W. Faulkner (lab) (Entered: 08/28/2002)	PACER
	Aug. 27, 2002	MANAGEMENT CONFERENCE held before Magistrate Judge Robert W. Faulkner (lab)
9	Aug. 29, 2002	ORDER, set discovery due for 2/14/03 ( signed by Magistrate Judge Robert W. Faulkner on 8/28/02) cc: attys 8/29/02 (raf) (Entered: 08/29/2002)	RECAP
10	Nov. 8, 2002	Request for court approval of expert witness by EEOC (ttm) (Entered: 11/08/2002)	RECAP
11	Nov. 22, 2002	Request for approval of expert witnesses by Farris Concrete Co (ttm) (Entered: 11/25/2002)	RECAP
12	Dec. 18, 2002	ORDER granting [11-1] requested approval of expert Susan Hance Sorrells ( signed by Magistrate Judge Robert W. Faulkner 12-17-02) cc:attys on 12-20-02 (ttm) (Entered: 12/20/2002)	RECAP
13	Dec. 18, 2002	ORDER granting [10-1] requested approval of Dr John Connolly ( signed by Magistrate Judge Robert W. Faulkner 12-17-02 ) cc:attys on 12-20-02 (ttm) (Entered: 12/20/2002)	RECAP
14	Dec. 30, 2002	ORDER, transferring case to Judge Richard Schell ( signed by Judge Paul Brown 12-30-02) cc:attys and Judge Schell on 12-31-02 (ttm) (Entered: 12/30/2002)	RECAP
	Dec. 30, 2002	Case reassigned to Judge Richard A. Schell (ttm) (Entered: 12/30/2002)	PACER
	Dec. 30, 2002	Case reassigned to Judge Richard A. Schell (ttm)
	Jan. 6, 2003	Copy file to Judge Schell, copy of order transfering to Judge Faulkner (ttm) (Entered: 01/06/2003)	PACER
	Jan. 6, 2003	Copy file to Judge Schell, copy of order transfering to Judge Faulkner (ttm)
15	Jan. 16, 2003	ORDER rescheduling final pretrial conferenece dates, reset pretrial conference for 7/7/03 before Judge Richard A. Schell All other deadlines and requirements in existing docket control order shall remain in effect ( signed by Judge Richard A. Schell 1-14-03 ) cc:attys on 1-16-03 (ttm) (Entered: 01/16/2003)	RECAP
16	Jan. 17, 2003	Fax noticing receipt of Order #15 to attorney William Maston Boyd for defendant Farris Concrete Co, Ken Lyn Mallon for plaintiff EEOC 1-17-03 8:26 am. (ttm) (Entered: 01/17/2003)	RECAP
17	Feb. 7, 2003	AGREED MOTION by EEOC, Farris Concrete Co to extend time on deadlines (ttm) (Entered: 02/07/2003)	RECAP
19	Feb. 24, 2003	General ORDER 03-4, referring case to Magistrate Judge Don D. Bush ( signed by Judge John Hannah Jr. 2-24-03 ) cc:attys on 3-6-03 (ttm) (Entered: 03/06/2003)	RECAP
18	March 5, 2003	AMENDED Scheduling order setting following deadlines: Jury selection date will be determined at final pretrial conf ; Final Pretrial conference on 9/8/03 ; Final Pretrial order due on or before 8/1/03 for Farris Concrete Co, for EEOC ; Jury instructions due by 8/1/03 for Farris Concrete Co, for EEOC ; Deadline for Motions in Limine 7/25/03 for Farris Concrete Co, for EEOC ; Deadline for filing of all motions to transfer, remand, dismiss, sumjgm or other dispositive motions by 6/30/03; Pretrial dislcousre shallbe made by pltf by 6-30-03 and dft by 7-7-03; Discovery cutoff 5/31/03 ; Amend, join, implead parties by 10/4/02 ; Mediation to be Completed by 8/1/03 ; Join parties by 10/4/02 ; ( signed by Judge Richard A. Schell 3-4-03 ) cc:attys on 3-5-03 (ttm) (Entered: 03/05/2003)	RECAP
20	April 22, 2003	Agreed MOTION by Farris Concrete Co to continue final pretrial conf (ttm) (Entered: 04/22/2003)	RECAP
21	May 1, 2003	ORDER granting [20-1] motion to continue final pretrial conf, reset pretrial conference for 10:30 10/6/03 before Judge Richard A. Schell All other deadlines shall remain the same ( signed by Judge Richard A. Schell 4-30-03) cc:attys on 5-1-03 (ttm) (Entered: 05/01/2003)	RECAP
	June 2, 2003	Mail returned: [21-1] order reset pretrial conference for 10:30 10/6/03 before Judge Richard A. Schell, [21-2] relief addressed to EEOC atty David Rivela stamped "not at this address" (ttm) (Entered: 06/02/2003)	PACER
	June 2, 2003	Mail returned: [21-1] order reset pretrial conference for 10:30 10/6/03 before Judge Richard A. Schell, [21-2] relief addressed to EEOC atty David Rivela stamped "not at this address" (ttm)
22	June 20, 2003	Notice by Farris Concrete Co of withdrawal of expert witness designation (ttm) (Entered: 06/20/2003)	RECAP
23	July 1, 2003	Pretrial disclosures pursuant to FRCP 26(a)(3) (ttm) (Entered: 07/01/2003)	RECAP
24	July 7, 2003	Dfts pretrial disclosures (ttm) (Entered: 07/08/2003)	RECAP
25	July 14, 2003	Response by Farris Concrete Co to [23-1] pretrial disclosures (ttm) (Entered: 07/14/2003)	RECAP
26	July 18, 2003	Order referring case to Robert W Faulkner as mediator Mediation conference to be held on or before 8/1/03 for Farris Concrete Co, for EEOC ( signed by Judge Richard A. Schell 7-17-03 ) cc:attys on 7-21-03 and docket sheet to Robert Faulkner (ttm) (Entered: 07/18/2003)	RECAP
27	July 22, 2003	Response (objections) by EEOC to [24-1] dft pretrial disclosures (ttm) (Entered: 07/23/2003)	RECAP
	July 23, 2003	Terminated document #17-1; moot per Order (de#18) per law clerk (lab) (Entered: 07/23/2003)	PACER
	July 23, 2003	Terminated document #17-1; moot per Order (de#18) per law clerk (lab)
28	July 25, 2003	Motion by EEOC with memorandum in support in limine (ttm) (Entered: 07/25/2003)	RECAP
29	Aug. 13, 2003	Response by Farris Concrete Co to [28-1] motion in limine (ttm) (Entered: 08/14/2003)	RECAP
30	Aug. 20, 2003	ORDER, to withdraw [26-1] referral/referred order to Magistrate Judge Don Bush ( signed by Judge Richard A. Schell 8-15-03 ) cc:attys on 8-20-03 (ttm) Modified on 08/20/2003 (Entered: 08/20/2003)	RECAP
	Aug. 20, 2003	CASE NO LONGER REFERRED TO Magistrate Judge Don D. Bush (ttm) (Entered: 08/20/2003)	PACER
	Aug. 20, 2003	CASE NO LONGER REFERRED TO Magistrate Judge Don D. Bush (ttm)
31	Sept. 9, 2003	Proposed pre-trial order received from EEOC, Farris Concrete Co (ttm) (Entered: 09/09/2003)	RECAP
32	Sept. 9, 2003	Proposed Jury instructions by EEOC, Farris Concrete Co (ttm) (Entered: 09/09/2003)	RECAP
33	Sept. 18, 2003	Pretrial hearing & Trial scheduling set at 11:00 10/6/03 before Judge Richard A. Schell (pad) (Entered: 09/19/2003)	RECAP
34	Sept. 23, 2003	Mediation Report filed by Wayne E. Lee. Mediation result: impasse (sjs) (Entered: 09/23/2003)	RECAP
35	Oct. 6, 2003	Minutes Re: pre-trial conference & trial scheduling by Judge Richard A. Schell on 10/6/03. Pla's motion in liminf is granted in part and denied in part. An order will be entered. (Ct rep/ECRO: Jerry Kelley) (pad) (Entered: 10/07/2003)	RECAP
	Oct. 6, 2003	Final Pre-trial conference held before Judge Richard A. Schell (pad) (Entered: 10/07/2003)	PACER
	Oct. 6, 2003	Final Pre-trial conference held before Judge Richard A. Schell (pad)
36	Oct. 7, 2003	Notice of Hearing: set jury selection for 9:00 1/12/04 before Judge Richard A. Schell, and set Jury trial for 9:00 1/12/04 before Judge Richard A. Schell (pad) (Entered: 10/08/2003)	RECAP
37	Oct. 8, 2003	ORDER granting in part, denying in part [28-1] motion in limine ( signed by Judge Richard A. Schell ) cc:attys on 10/8/03 (pad) (Entered: 10/08/2003)	RECAP
38	Oct. 15, 2003	Joint MOTION by EEOC, Farris Concrete Co to extend time of deadline for pretrial evidentiary briefs (ttm) (Entered: 10/16/2003)	RECAP
39	Nov. 7, 2003	Brief in support of admissibility of dfts trial exhibits and other evidence filed by Farris Concrete Co (ttm) (Entered: 11/07/2003)	RECAP
40	Nov. 13, 2003	Trial Brief objecting to the admissibility of TWC documents and statemetn by Richard Henry, deceased filed by EEOC (ttm) (Entered: 11/14/2003)	RECAP
41	Nov. 18, 2003	Notice of Hearing: reset jury selection for 9:00 1/20/04 before Judge Richard A. Schell, and reset Jury trial for 9:00 1/20/04 before Judge Richard A. Schell (pad) (Entered: 11/18/2003)	RECAP
42	Dec. 3, 2003	MOTION by Farris Concrete Co to modify [18-1] Scheduling order (ttm) (Entered: 12/03/2003)	RECAP
43	Dec. 3, 2003	MOTION by Farris Concrete Co to shorten pltfs response time to Mot #42 (ttm) (Entered: 12/03/2003)	RECAP
45	Dec. 8, 2003	ORDER granting [43-1] motion to shorten pltfs response time to Mot #42 until 12-12-03 ( signed by Judge Richard A. Schell 12-6-03) cc:attys on 12-11-03 (ttm) (Entered: 12/11/2003)	RECAP
44	Dec. 9, 2003	ORDER granting [38-1] motion to extend time of deadline for pretrial evidentiary briefs and accepts each parties briefs as filed timely ( signed by Judge Richard A. Schell 12-6-03) cc:attys on 12-11-03 (ttm) (Entered: 12/11/2003)	RECAP
46	Dec. 12, 2003	MOTION by EEOC to exceed page limitation resp (objs) to mot to modify amended scheduling order (ttm) (Entered: 12/12/2003)	RECAP
47	Dec. 22, 2003	ORDER denying [42-1] motion to modify [18-1] Scheduling order ( signed by Judge Richard A. Schell ) cc:attys on 12/23/03 (sjs) (Entered: 12/23/2003)	RECAP
48	Dec. 22, 2003	ORDER granting [46-1] motion to exceed page limitation resp (objs) to mot to modify amended scheduling order ( signed by Judge Richard A. Schell ) cc:attys on 12/23/03 (sjs) (Entered: 12/23/2003)	RECAP
49	Dec. 22, 2003	Response by EEOC to [42-1] motion to modify [18-1] Scheduling order (sjs) (Entered: 12/23/2003)	RECAP
50	Jan. 5, 2004	Consent judgment: Dft to pay Cheshier $15,000.00, parties to bear their own costs and attys fees, term of this consent decree shall be 2 years . ( signed by Judge Richard A. Schell 1-2-04 ) cc:attys on 1-7-04 (ttm) (Entered: 01/07/2004)	RECAP
	Jan. 5, 2004	Case closed (ttm) (Entered: 01/07/2004)	PACER
	Jan. 5, 2004	Case closed (ttm)
	June 14, 2005	Shipped to FRC, Accession Number 021-05--0101, Location F1002951, Box 26 of 73. [For internal information only - case is either pending and imaged or closed.] (ttm, ) (Entered: 06/14/2005)	PACER
	June 14, 2005	Shipped to FRC, Accession Number 021-05--0101, Location 2-41-233-4-3, Box 26 of 73. [For internal information only - case is either pending and imaged or closed.] (ttm, )