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)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10992436/parties/eeoc-v-hbh-inc/


Judge(s)

Vance, Sarah S. (Louisiana)

Documents in the Clearinghouse

Documents in this case

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

May 19, 1999

May 19, 1999

Order/Opinion

1999 WL 319213

59

2:98-cv-02632

Order and Reasons

EEOC v. HBH Inc

July 19, 1999

July 19, 1999

Order/Opinion

1999 WL 508403

73

2:98-cv-02632

Order and Reasons

EEOC v. HBH, Inc.

Dec. 9, 1999

Dec. 9, 1999

Order/Opinion

1999 WL 1138533

75

2:98-cv-02632

Consent Decree

EEOC v. HBH Inc

Jan. 24, 2000

Jan. 24, 2000

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10992436/eeoc-v-hbh-inc/

Last updated Sept. 17, 2026, 8:05 p.m.

Docket for: EEOC v. HBH Inc
ECF Number Date Description Link
1 Sept. 4, 1998

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

PACER
2 Oct. 19, 1998

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)

PACER
3 Oct. 21, 1998

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)

PACER
4 Nov. 6, 1998

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

PACER
5 Nov. 9, 1998

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

PACER
6 Nov. 12, 1998

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)

PACER
7 Nov. 23, 1998

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

PACER
8 Dec. 3, 1998

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)

PACER
9 Feb. 23, 1999

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

PACER
10 March 3, 1999

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)

PACER
11 March 17, 1999

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)

PACER
12 March 23, 1999

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)

PACER
13 March 23, 1999

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)

PACER
14 April 1, 1999

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)

PACER
15 April 6, 1999

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)

PACER
16 April 8, 1999

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)

PACER
17 April 12, 1999

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

PACER
18 April 14, 1999

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)

PACER
19 April 16, 1999

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)

PACER
21 April 16, 1999

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

PACER
22 April 19, 1999

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

PACER
23 April 19, 1999

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

PACER
25 April 20, 1999

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)

PACER
24 April 21, 1999

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)

PACER
26 April 30, 1999

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)

PACER
27 May 6, 1999

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)

PACER
30 May 13, 1999

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)

PACER
28 May 18, 1999

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

PACER
29 May 19, 1999

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)

PACER
31 May 20, 1999

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

PACER
32 May 24, 1999

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)

PACER
33 May 25, 1999

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

PACER
36 May 26, 1999

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

PACER
34 May 27, 1999

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

PACER
37 June 1, 1999

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)

PACER
38 June 1, 1999

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

PACER
39 June 1, 1999

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

PACER
41 June 1, 1999

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)

PACER
40 June 4, 1999

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)

PACER
42 June 7, 1999

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

PACER
43 June 8, 1999

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

PACER
44 June 9, 1999

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)

PACER
45 June 9, 1999

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

PACER
46 June 10, 1999

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

PACER
47 June 11, 1999

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

PACER
48 June 14, 1999

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

PACER
49 June 18, 1999

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

PACER
50 June 23, 1999

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

PACER
54 June 29, 1999

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)

PACER
51 July 1, 1999

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

PACER
52 July 1, 1999

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)

PACER
53 July 2, 1999

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)

PACER
56 July 2, 1999

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)

PACER
57 July 12, 1999

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)

PACER
58 July 13, 1999

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

PACER
59 July 19, 1999

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)

PACER
60 July 19, 1999

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)

PACER
61 July 22, 1999

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

PACER
62 July 28, 1999

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)

PACER
63 July 28, 1999

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)

PACER
64 Aug. 3, 1999

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)

PACER
65 Aug. 17, 1999

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)

PACER
66 Aug. 17, 1999

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)

PACER
67 Aug. 25, 1999

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)

PACER
68 Aug. 25, 1999

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)

PACER
69 Aug. 26, 1999

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)

PACER
70 Sept. 20, 1999

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)

PACER
71 Sept. 28, 1999

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)

PACER
72 Dec. 9, 1999

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)

PACER
73 Dec. 9, 1999

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)

PACER
74 Dec. 14, 1999

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

PACER
75 Jan. 24, 2000

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

PACER

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

Private Entity/Person

HBH, Inc.

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq.

Other Dockets:

Eastern District of Louisiana 2:98-cv-02632

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Amount Defendant Pays: 19500

Order Duration: 2000 - 2003

Issues

Discrimination Area:

Disparate Treatment

Hiring

Medical Exam / Inquiry

Discrimination Basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation