Case: EEOC v. HBH, INC.

2:98-cv-02632 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Sept. 4, 1998

Closed Date: 2000

Clearinghouse coding complete

Case Summary

In September 1998, the New Orleans District Office of the EEOC brought this suit against HBH, Inc. (which was acquired by Transcoastal Marine Services, Inc.) in the U.S. District Court for the Eastern District of Louisiana. The EEOC alleged that the defendant filed to hire the charging party, a disabled individual, and other individuals on the basis of their disabilities in violation of the Americans with Disabilities Act ("ADA"). The defendant used selection criteria that allegedly screened …

In September 1998, the New Orleans District Office of the EEOC brought this suit against HBH, Inc. (which was acquired by Transcoastal Marine Services, Inc.) in the U.S. District Court for the Eastern District of Louisiana. The EEOC alleged that the defendant filed to hire the charging party, a disabled individual, and other individuals on the basis of their disabilities in violation of the Americans with Disabilities Act ("ADA"). The defendant used selection criteria that allegedly screened out individuals with disabilities and conducted unlawful pre-employment medical examinations.

The charging party intervened in the suit in October 1998. The defendant filed a motion for partial summary judgment in July 1999. In December 1999, the defendant's earlier motion for partial summary judgment was granted. The parties settled shortly after in early February 2000.

The three-year decree contained a non-discrimination clause and required the defendant to: post an EEO notice, report to the EEOC at specified intervals, distribute its anti-discrimination policies to its employees, provide ADA training, and pay $19,500.

Summary Authors

Jason Chester (7/12/2007)

Documents in the Clearinghouse

Document

2:98-cv-02632

Docket

EEOC v. HBH Inc

Jan. 24, 2000

Jan. 24, 2000

Docket
29

2:98-cv-02632

Order and Reasons

EEOC v. HBH Inc

1999 WL 319213, 1999 U.S.Dist.LEXIS 7381

May 19, 1999

May 19, 1999

Order/Opinion
59

2:98-cv-02632

Order and Reasons

EEOC v. HBH Inc

1999 WL 508403, 1999 U.S.Dist.LEXIS 11041

July 19, 1999

July 19, 1999

Order/Opinion
73

2:98-cv-02632

Order and Reasons

EEOC v. HBH, Inc.

1999 WL 1138533, 1999 U.S.Dist.LEXIS 19259

Dec. 9, 1999

Dec. 9, 1999

Order/Opinion
75

2:98-cv-02632

Consent Decree

EEOC v. HBH Inc

Jan. 24, 2000

Jan. 24, 2000

Settlement Agreement

Resources

Docket

Last updated Aug. 13, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ( 1 summons(es) issued ) (eal) (Entered: 09/08/1998)

Sept. 4, 1998

Sept. 4, 1998

2

Motion of Rhua Dale Williams and ORDER allowing intervention of Rhua Dale Williams by Judge Sarah S. Vance Date Signed: 10/20/98 (bb) (Entered: 10/23/1998)

Oct. 19, 1998

Oct. 19, 1998

3

Motion by intervenor Rhua Dale Williams and ORDER for attorney E. Bragg Williams III to appear pro hac vice by Judge Sarah S. Vance (bb) (Entered: 10/26/1998)

Oct. 21, 1998

Oct. 21, 1998

4

Intervenor's COMPLAINT by intervenor Rhua Dale Williams ; (bb) (Entered: 11/09/1998)

Nov. 6, 1998

Nov. 6, 1998

5

ANSWER by defendant HBH Inc to complaint by intervenor Rhua Dale Williams [4-1] (bb) (Entered: 11/09/1998)

Nov. 9, 1998

Nov. 9, 1998

6

NOTICE/ORDER that a preliminary conference is scheduled by telephone before courtroom deputy at 9:45 12/3/98 by Clerk (jas) (Entered: 11/12/1998)

Nov. 12, 1998

Nov. 12, 1998

7

ANSWER by defendant HBH Inc to complaint by intervenor Rhua Dale Williams [4-1] (bb) (Entered: 11/24/1998)

Nov. 23, 1998

Nov. 23, 1998

8

MINUTE ENTRY ( 12/3/98): Preliminary Conference held; amendments due within 30 days. All pretrial motions with the exception of motions in limine are to be filed and served in sufficient time to permit hearing thereon 45 days prior to the trial date. Pretrial conf set 3:00 8/12/99 ; jury trial (3 days) set 8:30 8/30/99 ; by Clerk. (jas) (Entered: 12/03/1998)

Dec. 3, 1998

Dec. 3, 1998

9

NOTICE case reallotted to Magistrate Judge 4 by Clerk effective March 1, 1999 (jd) (Entered: 02/23/1999)

Feb. 23, 1999

Feb. 23, 1999

10

MOTION by plaintiff EEOC for leave to file an amended cmp referred to Magistrate Karen W. Roby to be heard before Mag Judge at 10:00 3/31/99 (gw) (Entered: 03/04/1999)

March 3, 1999

March 3, 1999

11

USM RETURN OF SERVICE of subp for depo to Gene Esquerre, Dixie Machine Welding & Metal Works, Inc. svd 3/16/99. (sek) (Entered: 03/17/1999)

March 17, 1999

March 17, 1999

12

Memo in opposition by defendant HBH Inc to motion for leave to file an amended cmp [10-1] filed by plaintiff EEOC (bb) (Entered: 03/23/1999)

March 23, 1999

March 23, 1999

13

MOTION by defendant HBH Inc to strike allegations contained in cmp ; Ordered that exp hrg is denied; mtn is set for hrg w/oral argument on 4/14/99 at 10:00 bfr Mag Roby by Magistrate Karen Roby Date signed 3/24/99 (bb) Modified on 07/02/1999 (Entered: 04/22/1999)

March 23, 1999

March 23, 1999

14

MINUTE ENTRY( 3/31/99): Ordered that pla's mtn for leave of court to file an amended cmp to add party defendants is granted in part; plaintiffs are granted leave to add TransCoastal Marine Services Inc as a defendant by Magistrate Karen W. Roby (bb) (Entered: 04/05/1999)

April 1, 1999

April 1, 1999

15

Motion by plaintiff EEOC for review of Mag's order of 4/5/99 and ORDER for expedited hearing is denied. Motion is set for hearing on 4/28/99 before Judge. by Judge Sarah S. Vance Date Signed: 4/8/99 (bb) Modified on 04/09/1999 (Entered: 04/09/1999)

April 6, 1999

April 6, 1999

16

Motion by defendant HBH Inc and ORDER for leave to file opp to pla EEOC's mtn for review of Mag's order by Judge Sarah S. Vance Date Signed: 4/12/99 (ijg) (Entered: 04/13/1999)

April 8, 1999

April 8, 1999

17

Memo in opposition by defendant HBH Inc to mtn for review of Mag's order by plaintiff EEOC (ijg) (Entered: 04/13/1999)

April 12, 1999

April 12, 1999

18

Motion by plaintiff EEOC and ORDER extending time for 30 days to deliver to counsel for dft written reports of experts; dft is also granted an extension provided the trial date is not affected by Judge Eldon E. Fallon Date Signed: 4/15/99 (bb) (Entered: 04/15/1999)

April 14, 1999

April 14, 1999

19

MINUTE ENTRY (4/14/99): ptys to submit memo rebriefing the issues of dft's mtn to strike by 4/16/99 [13-1]; dft's mtn to strike is reset with oral argument at 10:00 4/21/99 bfr Magistrate. by Magistrate Karen W. Roby Date Signed: 4/15/99 (jd) (Entered: 04/16/1999)

April 16, 1999

April 16, 1999

21

Memorandum by defendant HBH Inc in support of its motion to strike [13-1] (jas) (Entered: 04/16/1999)

April 16, 1999

April 16, 1999

22

USM'S RETURN OF SERVICE of subp for depo to George T. Lynne on 4/6/99. (gw) (Entered: 04/20/1999)

April 19, 1999

April 19, 1999

23

USM'S RETURN OF SERVICE of subp for depo to Billy Wayne King on 4/2/99. (gw) (Entered: 04/20/1999)

April 19, 1999

April 19, 1999

25

Motion by defendant HBH Inc for cont of its mtn to strike or to dismiss or for partial sum jgm; moot (bb) (Entered: 04/23/1999)

April 20, 1999

April 20, 1999

24

MINUTE ENTRY( 4/21/99): re-setting motion of HBH Inc to strike allegations contained in cmp [13-1] at 10:00 5/5/99 w/oral argument by Magistrate Karen W. Roby (bb) (Entered: 04/22/1999)

April 21, 1999

April 21, 1999

26

MOTION by defendant HBH Inc for partial summary judgment to be heard before Judge at 10:00 6/9/99 (ijg) (Entered: 05/03/1999)

April 30, 1999

April 30, 1999

27

MINUTE ENTRY( 5/5/99): denying motion of HBH Inc to strike allegations contained in cmp [13-1] by Magistrate Karen W. Roby Date Signed: 5/7/99 (bb) (Entered: 05/07/1999)

May 6, 1999

May 6, 1999

30

MOTION by plaintiff EEOC for exp hrg on its motion to compel entry upon land for inspection of dft's worksite & ORDER that same be heard on an exp basis bfr Magistrate Karen W. Roby at 3:30 5/18/99 by Magistrate Karen W. Roby (bb) (Entered: 05/19/1999)

May 13, 1999

May 13, 1999

28

Memo in opposition by defendant HBH Inc to motion to compel entry upon land for inspection filed by pla (bb) (Entered: 05/18/1999)

May 18, 1999

May 18, 1999

29

ORDER & REASONS re pla's mtn to review Mag's order denying pla's mtn to amend cmp; the Court affirms the Mag's ruling in part & reverses it in part; pla may amend cmp to add Jack Mann as a plaintiff by Judge Sarah S. Vance Date Signed: 5/18/99 (bb) (Entered: 05/19/1999)

May 19, 1999

May 19, 1999

31

PLAINTIFF'S AMENDED complaint [1-1] w/jury demand; no new parties added (bb) Modified on 06/11/1999 (Entered: 05/21/1999)

May 20, 1999

May 20, 1999

32

MINUTE ENTRY( 5/24/99): granting pla's motion to compel entry upon land for inspection of dft's worksite [30-1] by Magistrate Karen W. Roby (bb) (Entered: 05/25/1999)

May 24, 1999

May 24, 1999

33

USM RETURN OF SERVICE of supb to Dr. Vincent Tumminello svd 5/20/99 (bb) (Entered: 05/25/1999)

May 25, 1999

May 25, 1999

36

RETURN OF SERVICE of subp to Kevin Faller unexecuted. (jas) (Entered: 05/28/1999)

May 26, 1999

May 26, 1999

34

Memo in opposition by plaintiff EEOC to motion for partial summary judgment [26-1] filed by defendant HBH Inc (jas) (Entered: 05/27/1999)

May 27, 1999

May 27, 1999

37

MINUTE ENTRY( 5/28/99): ; Settlement conference set 2:00 7/27/99; settlement position letters due 7/23/99 by Magistrate Karen W. Roby (bb) (Entered: 06/02/1999)

June 1, 1999

June 1, 1999

38

Joinder of intervenor Rhua Dale Williams to Memo in Opp to Dfts' Mtn for Partial Sum Jgm (bb) (Entered: 06/02/1999)

June 1, 1999

June 1, 1999

39

ANSWER by defendant HBH Inc to complaint by plaintiff EEOC [31-1] (bb) (Entered: 06/02/1999)

June 1, 1999

June 1, 1999

41

Motion by plaintiff EEOC and ORDER for leave to file statement of material facts by Judge Sarah S. Vance Date Signed: 6/3/99 (bb) (Entered: 06/08/1999)

June 1, 1999

June 1, 1999

40

Notice of service of suppl resp to dft's req for prod of doc to pla by intervenor Rhua Dale Williams (bb) (Entered: 06/07/1999)

June 4, 1999

June 4, 1999

42

Statement of material facts by plaintiff EEOC (bb) (Entered: 06/08/1999)

June 7, 1999

June 7, 1999

43

Supplemental memorandum by plaintiff EEOC in support of maintaining in its cmp the comingling of medical records allegation (bb) (Entered: 06/08/1999)

June 8, 1999

June 8, 1999

44

Memo in opposition by defendant HBH Inc to motion for reconsideration or clarification of the Judge's order denying plaintiff's motion to amend complaint to identify add'l parties [35-1] filed by plaintiff EEOC (jas) (Entered: 06/10/1999)

June 9, 1999

June 9, 1999

45

Supplemental memorandum by defendant HBH Inc in support of its motion for partial summary judgment [26-1] (bb) (Entered: 06/10/1999)

June 9, 1999

June 9, 1999

46

Witness and Exhibit list submitted by plaintiff EEOC (jas) (Entered: 06/10/1999)

June 10, 1999

June 10, 1999

47

Exhibit and Witness list by defendant HBH Inc (jas) (Entered: 06/11/1999)

June 11, 1999

June 11, 1999

48

Notice of Deposition by intervenor Rhua Dale Williams of Frank Tyner on 6/17/99 (bb) (Entered: 06/15/1999)

June 14, 1999

June 14, 1999

49

Notice of Deposition by intervenor Rhua Dale Williams of Robert Smith on 7/19/99 (bb) (Entered: 06/21/1999)

June 18, 1999

June 18, 1999

50

USM's RETURN OF SERVICE of subp upon Allen Boyte on 6/16/99 (pck) (Entered: 06/28/1999)

June 23, 1999

June 23, 1999

54

Motion by intervenor Rhua Dale Williams and ORDER to extend discovery to allow disc depos of Lloyd Ray Regan and Robert Smith to be taken after 7/13/99 provided the ptc and trial dates are not effected by Judge Sarah S. Vance Date Signed: 7/2/99 (bb) (Entered: 07/02/1999)

June 29, 1999

June 29, 1999

51

Notice by intervenor Rhua Dale Williams of receipt of orig depo of Frank Tyner (bb) (Entered: 07/01/1999)

July 1, 1999

July 1, 1999

52

Memorandum by plaintiff EEOC in opposition to the motion by the defendant for expedited hearing or in the alternative plaintiff request an extension of time to file its response. (jas) (Entered: 07/02/1999)

July 1, 1999

July 1, 1999

53

MINUTE ENTRY( 7/1/99): Ordered that motion of HBH Inc to strike allegations contained in cmp [13-1] will be taken under submission on 7/1/99 by Judge Sarah S. Vance (bb) (Entered: 07/02/1999)

July 2, 1999

July 2, 1999

56

MOTION by defendant HBH Inc for partial summary judgment to be heard before Judge at 10:00 7/21/99 (bb) (Entered: 07/02/1999)

July 2, 1999

July 2, 1999

57

Motion by plaintiff EEOC and ORDER extending time to file its reply memo to dft's mtn for partial sum jgm until 7/19/99 by Judge Sarah S. Vance (bb) (Entered: 07/14/1999)

July 12, 1999

July 12, 1999

58

Memo in opposition by plaintiff EEOC to motion for partial summary judgment [56-1] filed by defendant HBH Inc (jas) (Entered: 07/14/1999)

July 13, 1999

July 13, 1999

59

ORDER & REASONS granting pla's motion for reconsideration or clarification of the Judge's order denying plaintiff's motion to amend complaint to identify addl parties [35-1]; dft's mtn to dismiss is denied to allow pla 60 days to conciliate the medical records claim by Judge Sarah S. Vance (bb) (Entered: 07/19/1999)

July 19, 1999

July 19, 1999

60

Motion by plaintiff EEOC and ORDER for leave to file its substitute memo in opp to dft's mtn for partial sum jgm, which will replace pla's memo filed on 7/13/99 by Judge Sarah S. Vance Date Signed: 7/21/99 (gw) (Entered: 07/22/1999)

July 19, 1999

July 19, 1999

61

Substitute memorandum by plaintiff EEOC in opposition to dft HBH Inc's [56-1] motion for partial summary judgment (gw) (Entered: 07/22/1999)

July 22, 1999

July 22, 1999

62

MINUTE ENTRY( 7/27/99): Settlement conf held; Settlement conference w/the counsel for EEOC, HBH & Mr. Mann is set 2:00 8/13/99 by Magistrate Karen W. Roby (bb) Modified on 07/29/1999 (Entered: 07/29/1999)

July 28, 1999

July 28, 1999

63

MINUTE ENTRY( 7/27/99): Settlement conf held; settlement conference set 8/24/99 at 10:00 w/counsel for HBH Inc & Rhua Dale Williams by Magistrate Karen W. Roby (bb) (Entered: 07/29/1999)

July 28, 1999

July 28, 1999

64

MINUTE ENTRY( 8/2/99): Ordered that the ptc and trial are cont to be reset; Preliminary Conference set 9:45 8/17/99 by telephone to assign new dates by Judge Sarah S. Vance (bb) (Entered: 08/03/1999)

Aug. 3, 1999

Aug. 3, 1999

65

MINUTE ENTRY ( 8/17/99): Preliminary Conference held; ; pretrial conf set 4:00 2/8/00 ; jury trial set 8:30 2/22/00 by Clerk. (jas) (Entered: 08/17/1999)

Aug. 17, 1999

Aug. 17, 1999

66

MINUTE ENTRY( 8/13/99): Settlement conf held; negotiations were unsuccessful as to claimants and dft; Settlement conference set 10:00 8/24/99 w/counsel for HBC Inc & Rhua Dale Williams by Magistrate Karen W. Roby (bb) (Entered: 08/17/1999)

Aug. 17, 1999

Aug. 17, 1999

67

MINUTE ENTRY( 8/24/99): Ordered that ptc and trial are cont; Preliminary Conference set 10:00 9/16/99 by telephone by Judge Sarah S. Vance (bb) (Entered: 08/26/1999)

Aug. 25, 1999

Aug. 25, 1999

68

MINUTE ENTRY( 8/24/99): Settlement conference held 10:00 8/24/99; settlement was not reached; Judge's staff has been notified by Magistrate Karen W. Roby (bb) (Entered: 08/26/1999)

Aug. 25, 1999

Aug. 25, 1999

69

MINUTE ENTRY (8/26/99): Preliminary Telephone Conference cont to 9:30 9/20/99 by Judge Sarah S. Vance (bb) (Entered: 08/27/1999)

Aug. 26, 1999

Aug. 26, 1999

70

NOTICE/ORDER that a preliminary conference is scheduled by telephone before courtroom deputy at 9:30 9/28/99 by Clerk (jas) (Entered: 09/20/1999)

Sept. 20, 1999

Sept. 20, 1999

71

MINUTE ENTRY ( 9/28/99): Preliminary Conference held; ; pretrial conf set 2:00 3/30/00 ; jury trial set 8:30 4/10/00 by Clerk. (jas) (Entered: 09/28/1999)

Sept. 28, 1999

Sept. 28, 1999

72

MINUTE ENTRY (11/29/99): Ordered that the parties inform the Court in writing of the status of the case by 12/13/99 at 5:00 by Judge Sarah S. Vance (bb) (Entered: 12/09/1999)

Dec. 9, 1999

Dec. 9, 1999

73

ORDER & REASONS granting motion of HBH Inc for partial summary judgment [56-1] by Judge Sarah S. Vance Date Signed: 12/8/99 (bb) (Entered: 12/10/1999)

Dec. 9, 1999

Dec. 9, 1999

74

Sixty day ORDER to dismiss case by Judge Sarah S. Vance Date Signed: 12/13/99 (CLOSED) (bb) (Entered: 12/14/1999)

Dec. 14, 1999

Dec. 14, 1999

75

JOINT CONSENT DECREE by Judge Sarah S. Vance Date Signed: 2/1/00 (gw) (Entered: 02/02/2000)

Jan. 24, 2000

Jan. 24, 2000

Case Details

State / Territory: Louisiana

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 4, 1998

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

HBH, Inc., 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

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

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: 19500

Order Duration: 2000 - 2003

Content of Injunction:

Reporting

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Discrimination Prohibition

Issues

General:

Disparate Treatment

Discrimination-area:

Hiring

Medical Exam / Inquiry

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit