Case: EEOC v. PHOENIX SERVICE

2:05-cv-00250 | U.S. District Court for the Southern District of Texas

Filed Date: May 18, 2005

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On May 18, 2005, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a black employee, filed a lawsuit in the Southern District Court of Texas, under Title VII of the Civil Rights Act of 1964, as amended by Title I of the Civil Rights Act of 1991, against Phoenix Industrial, Inc. and Phoenix Services. The EEOC sought injunctive relief, compensatory damages, punitive damages, attorneys' fees, and other forms of affirmative relief claiming that the defendant subjected the complainant to a racially hostile work environment because of his race, Black, and then discharged the complainant in retaliation for his opposition to the racially hostile work environment.

On August 15, 2006, the District Court (Judge Hayden Head) entered a consent decree where the defendant, among other things, agreed to pay the complainant $16,000.

Summary Authors

Perry Miska (5/9/2014)

People

Judge(s)

Head, Hayden Wilson Jr. (Texas)

Attorney for Plaintiff

Sustaita, Rodolfo Lucio (Texas)

Attorney for Defendant

Morris, Richard A. (Texas)

Judge(s)

Head, Hayden Wilson Jr. (Texas)

Attorney for Plaintiff

Sustaita, Rodolfo Lucio (Texas)

Attorney for Defendant

Morris, Richard A. (Texas)

show all people

Documents in the Clearinghouse

	Document
2:05-cv-00250	Docket EEOC v. Phoenix Industrial Service, Inc.	May 15, 2006	May 15, 2006 Docket
1 2:05-cv-00250	Complaint EEOC v. Phoenix Industrial Service, Inc.	May 18, 2005	May 18, 2005 Complaint
18 2:05-cv-00250	Consent Decree EEOC v. Phoenix Industrial Service, Inc.	Aug. 15, 2006	Aug. 15, 2006 Settlement Agreement

show / hide documents

Docket

Last updated March 23, 2025, 9:24 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Phoenix Industrial Service, Inc., Phoenix Services filed by Equal Employment Opportunity Commission.(dterrell, ) (Entered: 05/19/2005)	May 18, 2005	May 18, 2005
	Fee waived re: 1 Complaint , filed. (dterrell, ) (Entered: 05/19/2005)	May 18, 2005	May 18, 2005
2	ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 11/17/2005 at 01:15 PM before Chief Judge Hayden Head.(vrios, ) (Entered: 05/19/2005)	May 19, 2005	May 19, 2005
3	ORDER REFERRING CASE to Magistrate Judge B. Janice Ellington, who shall manage and prepare this case for trial before the undersigned.( Signed by Judge Hayden Head ) Parties notified.(drodriguez, ) (Entered: 06/01/2005)	May 31, 2005	May 31, 2005
4	AMENDED NOTICE of Hearing. Parties notified. Scheduling Conference set for 11/17/2005 at 01:15 PM before Magistrate Judge B. Janice Ellington, filed. (drodriguez, ) (Entered: 06/02/2005)	June 2, 2005	June 2, 2005
6	DISCLOSURE OF INTERESTED PARTIES by Equal Employment Opportunity Commission, filed.(lcayce, ) (Entered: 06/06/2005)	June 6, 2005	June 6, 2005
7	RETURN of Service Executed as to Phoenix Industrial Service, Inc. and Phoenix Services on 6/23/05 re: Summons and Complaint, filed.(mewilliams, ) (Entered: 06/29/2005)	June 29, 2005	June 29, 2005
8	ANSWER to Complaint by Phoenix Industrial Service, Inc., Phoenix Services, filed.(Morris, Richard) (Entered: 07/01/2005)	July 1, 2005	July 1, 2005
9	CERTIFICATE OF INTERESTED PARTIES by Phoenix Industrial Service, Inc., Phoenix Services, filed.(Morris, Richard) (Entered: 07/01/2005)	July 1, 2005	July 1, 2005
10	JOINT DISCOVERY/CASE MANAGEMENT PLAN by Phoenix Industrial Service, Inc., Phoenix Services, filed.(Morris, Richard) (Entered: 11/07/2005)	Nov. 7, 2005	Nov. 7, 2005
11	INITIAL DISCLOSURES by Equal Employment Opportunity Commission, filed.(lcayce, ) (Entered: 11/17/2005)	Nov. 17, 2005	Nov. 17, 2005
	Minute Entry for proceedings held before Judge B. Janice Ellington. Initial PRETRIAL CONFERENCE held on 11/17/2005. Case Called. Appearances made. Brief history/status of case presented. Counsel requested additional time for discovery. Deadlines and trial dates discussed. Trial date tentatively set for August 2006. Scheduling order to be submitted. Hearing Concluded. Appearances: Richard A Morris, Rodolfo Lucio Sustaita.(Digital # 1:20:55−1:33:09)(ERO:Lisa Hardwick), filed.(lhardwick, ) (Entered: 11/17/2005)	Nov. 17, 2005	Nov. 17, 2005
12	SCHEDULING ORDER: Amended Pleadings due by 5/15/2006 Joinder of Parties due by 12/15/2005 Pltf Expert Witness List due by 4/10/2006 Deft Expert Witness List due by 4/10/2006 Discovery due by 6/12/2006 Dispositive Motion Filing due by 6/12/2006 Joint Pretrial Order due by 8/28/2006 Pretrial Conference set for 9/7/2006 at 01:15 PM before Chief Judge Hayden Head Jury Selection set for 9/12/2006 at 09:00AM before Chief Judge Hayden Head Jury Trial set for 9/12/2006 at 09:00 AM before Chief Judge Hayden Head.( Signed by Judge B. Janice Ellington ) Parties notified.(mserpa, ) (Entered: 11/21/2005)	Nov. 17, 2005	Nov. 17, 2005
13	Joint MOTION to Continue Discovery and Dispositive Motion Deadline by Phoenix Services, filed. Motion Docket Date 6/5/2006. (Attachments: # 1 Proposed Order)(Morris, Richard) (Entered: 05/16/2006)	May 16, 2006	May 16, 2006
14	NOTICE of Hearing re: 13 Joint MOTION to Continue Discovery and Dispositive Motion Deadline. Parties notified Motion Hearing set for 5/24/2006 at 01:00 PM before Magistrate Judge B. Janice Ellington, filed. (dperez, ) (Entered: 05/23/2006)	May 19, 2006	May 19, 2006
	Minute Entry for proceedings held before Judge B. Janice Ellington. TELEPHONE CONFERENCE held on 5/24/2006 granting 13 Joint MOTION to Continue Discovery and Dispositive Motion Deadline. Case Called. Motion briefly discussed. Trial date and deadlines moved forward 60 days. Amended scheduling order to be entered. Appearances:Holly Roberts, Rodolfo Lucio Sustaita.(Digital # 12:59:44−1:04:32)(ERO:Genay Rogan), filed.(lhardwick, ) (Entered: 05/24/2006)	May 24, 2006	May 24, 2006
15	AMENDED SCHEDULING ORDER: Amended Pleadings due by 7/14/2006 Pltf Expert Witness List due by 6/9/2006 Deft Expert Witness List due by 6/9/2006 Discovery due by 8/11/2006 Dispositive Motion Filing due by 8/11/2006 Joint Pretrial Order due by 10/27/2006 Pretrial Conference set for 11/9/2006 at 01:15 PM before Chief Judge Hayden Head Jury Selection set for 11/14/2006 at 08:30AM before Chief Judge Hayden Head Jury Trial set for 11/14/2006 at 08:30 AM before Chief Judge Hayden Head.( Signed by Judge B. Janice Ellington ) Parties notified.(lcayce, ) (Entered: 05/25/2006)	May 25, 2006	May 25, 2006
16	RULE 29 AGREEMENT re: Extension of Time to Respond to Discovery by Phoenix Services, filed.(Roberts, Holly) (Entered: 06/12/2006)	June 12, 2006	June 12, 2006
17	Agreed Motion to Enter Consent Decree by Phoenix Industrial Service, Inc., filed. (Attachments: # 1)(Morris, Richard) (Entered: 07/21/2006)	July 21, 2006	July 21, 2006

show / hide docket entries

Case Details

State / Territory:

Texas

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: May 18, 2005

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of a black employee who was retaliated against for complaining about being subjected to a racially hostile work environment.

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

Phoenix Industrial Service, Inc., Private Entity/Person

Phoenix Services, Private Entity/Person

Case Details