Case: EEOC v. NFI Management (Home Management, Dove Tree Apartments)

5:04-cv-00656 | U.S. District Court for the Western District of Texas

Filed Date: July 26, 2004

Closed Date: March 2, 2007

Clearinghouse coding complete

Case Summary

The San Antonio Office of the EEOC filed this action in the District Court for the Western District of Texas. The Defendant was NFI Management, Inc., a financial services provider doing business as Home Management, Inc. and Dove Tree Apartments. The complaint alleged the failure of the Defendant to reasonably accommodate a physically disabled employee and then discharging him in violation of the Americans with Disabilities Act. The lawsuit was filed in July of 2004 and was resolved by consent decree in March of 2005. The EEOC filed two motions for a default judgment, one of which was granted and later set aside. The complainant, who did not intervene in the case, was awarded $22,500. In addition, all management personnel in Texas were required to attend a training seminar and the company had to post a Notice. The decree was to last for two years.

The decree was entered in 2005 and scheduled to last 2007. No further docket entries exist, so the case is closed.

Summary Authors

Kevin Wilemon (7/22/2007)

Documents in the Clearinghouse

Document

5:04-cv-00656

Docket

EEOC v. NFI Management, Inc. d/b/a Home Management, Inc. d/b/a Dove Tree Apartments

March 2, 2005

March 2, 2005

Docket
1

5:04-cv-00656

Complaint

EEOC v. NFI Management, Inc. d/b/a Home Management, Inc. d/b/a Dove Tree Apartments

July 26, 2004

July 26, 2004

Complaint
21

5:04-cv-00656

Final Judgment

EEOC v. NFI Management, Inc. d/b/a Home Management, Inc. d/b/a Dove Tree Apartments

March 2, 2005

March 2, 2005

Order/Opinion

Resources

Docket

Last updated Aug. 5, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link

Case assigned to Honorable Orlando L. Garcia (ep) (Entered: 07/27/2004)

July 26, 2004

July 26, 2004

If ordered by the court, all referrals will be assigned to Magistrate Judge Nowak (ep) (Entered: 07/27/2004)

July 26, 2004

July 26, 2004

1

Complaint filed. (Pages: 6) (ep) (Entered: 07/27/2004)

July 26, 2004

July 26, 2004

2

Demand for jury trial by Equal Employment Opportunity Commission (ep) (Entered: 07/27/2004)

July 26, 2004

July 26, 2004

Summons issued for NFI Management, Inc. (ep) (Entered: 07/27/2004)

July 26, 2004

July 26, 2004

3

Waiver of Service by NFI Management, Inc. ; Notice and Request Mailed on 8/4/04 ; Answer due on 10/4/04 for NFI Management, Inc. (rg1) (Entered: 09/07/2004)

Sept. 3, 2004

Sept. 3, 2004

5

Notice of filing Joint Rule 26 (f) report by Equal Employment, NFI Management, Inc. (lp) (Entered: 09/21/2004)

Sept. 20, 2004

Sept. 20, 2004

6

Scheduling order setting Joining of parties, amending of pleadings on 2/22/05 Deadline for filing of all motions 5/9/05 Discovery cutoff 4/4/05 ; Alternate Dispute Resolution Report due by 1/3/05 ; Jury Selection set for 9:30 9/12/05 ; Jury trial set for 9:30 9/12/05 , termed motions signed by Honorable Orlando L. Garcia (lp) (Entered: 09/23/2004)

Sept. 22, 2004

Sept. 22, 2004

7

Non-consent to proceed before a U.S. Magistrate by Equal Employment (rg1) (Entered: 09/28/2004)

Sept. 27, 2004

Sept. 27, 2004

8

Non-consent to proceed before a U.S. Magistrate by Equal Employment (tm) (Entered: 10/18/2004)

Oct. 15, 2004

Oct. 15, 2004

9

Motion by Equal Employment for clerk to enter default as to NFI Management, Inc. (tm) (Entered: 11/29/2004)

Nov. 23, 2004

Nov. 23, 2004

10

Clerk's entry of default as to NFI Management, Inc. motion for clerk to enter default as to NFI Management, Inc. [9-1] (tm) (Entered: 11/29/2004)

Nov. 23, 2004

Nov. 23, 2004

11

Alternate Dispute Resolution Report filed by Equal Employment, Party(s) agree to Alternate Dispute Resolution (rg1) (Entered: 12/06/2004)

Dec. 3, 2004

Dec. 3, 2004

12

Motion by NFI Management, Inc. for Jeffrey Place to appear pro hac vice (rg1) (Entered: 12/08/2004)

Dec. 8, 2004

Dec. 8, 2004

13

Motion by NFI Management, Inc. to set aside entry of default and to permit dft to file its answer out of time (answer marked received and attached to motion) (rg1) (Entered: 12/08/2004)

Dec. 8, 2004

Dec. 8, 2004

14

Order granting motion for Jeffrey Place to appear pro hac vice [12-1] signed by Honorable Orlando L. Garcia (sj) (Entered: 12/21/2004)

Dec. 21, 2004

Dec. 21, 2004

15

Order granting motion to set aside entry of default and to permit dft to file its answer out of time [13-1] signed by Honorable Orlando L. Garcia (tm) (Entered: 12/29/2004)

Dec. 28, 2004

Dec. 28, 2004

16

Motion by Equal Employment for default judgment against NFI Management, Inc. (tm) Modified on 03/02/2005 (Entered: 12/29/2004)

Dec. 28, 2004

Dec. 28, 2004

17

Answer by NFI Management, Inc. (tm) (Entered: 12/29/2004)

Dec. 28, 2004

Dec. 28, 2004

18

Disclosure/Designation of expert witnesses filed by Equal Employment (sj) (Entered: 02/01/2005)

Jan. 31, 2005

Jan. 31, 2005

19

Notice by Equal Employment of settlement (tm) (Entered: 02/24/2005)

Feb. 22, 2005

Feb. 22, 2005

20

Joint motion by Equal Employment, NFI Management, Inc. to enter consent decree (tm) (Entered: 03/01/2005)

Feb. 28, 2005

Feb. 28, 2005

Terminated motion for default judgment against NFI Management, Inc. [16-1]; perorder doc.# 15. (mj) (Entered: 03/02/2005)

March 2, 2005

March 2, 2005

Case closed (tm) (Entered: 03/03/2005)

March 2, 2005

March 2, 2005

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: July 26, 2004

Closing Date: March 2, 2007

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

NFI Management, Inc. (San Antonio, TX), Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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: 22500

Order Duration: 2005 - 2007

Content of Injunction:

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Issues

General:

Disparate Treatment

Discrimination-area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits