Case: EEOC v. Asplundh Tree Expert Co.

5:02-cv-00887 | U.S. District Court for the Western District of Louisiana

Filed Date: May 3, 2002

Closed Date: 2003

Clearinghouse coding complete

Case Summary

On May 3, 2002, the New Orleans office of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Asplundh Tree Expert Co. in the U.S. District Court for the Western District of Louisiana. The EEOC alleged that the defendants had violated the rights of the complaintant by subjecting him to a pattern of sexual harassment in the workplace. On July 2, 2002, four individuals filed a motion to intervene in the lawsuit as private plaintiffs, and on August 21, 2002, the d…

On May 3, 2002, the New Orleans office of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Asplundh Tree Expert Co. in the U.S. District Court for the Western District of Louisiana. The EEOC alleged that the defendants had violated the rights of the complaintant by subjecting him to a pattern of sexual harassment in the workplace.

On July 2, 2002, four individuals filed a motion to intervene in the lawsuit as private plaintiffs, and on August 21, 2002, the district court granted their motion to intervene.

On October 6, 2003, the EEOC and the defendants filed a consent decree with the district court. The decree explicitly stated that it did not purport to settle any of the claims of the plaintiff-intervenors. Under the terms of the decree, the defendants were to provide sexual harassment training to all employees in the Shreveport, Louisiana location of the business, and to post and distribute notices of the company's anti-discrimination policies. The defendants also agreed to provide 4 reports over the duration of the consent decree, which was to last for 2 years.

Summary Authors

Kristen Sagar (2/13/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11775516/parties/e-e-o-c-v-asplundh-tree-expert/

Judge(s)

Hicks, S. Maurice (Louisiana)

Attorney for Plaintiff

Allison, William T (Louisiana)

Butler, Michelle T (Louisiana)

Graham, Nancy Eleanor (Louisiana)

Hill, Keith T (Louisiana)

Attorney for Defendant

Documents in the Clearinghouse

5:02-cv-00887

Docket [PACER]

EEOC v. Asplundh Tree Expert

Dec. 3, 2003

Dec. 3, 2003

Docket
1

5:02-cv-00887

Complaint

May 3, 2002

May 3, 2002

Complaint
14

5:02-cv-00887

Complaint in Intervention

Aug. 21, 2002

Aug. 21, 2002

Complaint
24

5:02-cv-00887

Consent Decree

Oct. 8, 2003

Oct. 8, 2003

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11775516/e-e-o-c-v-asplundh-tree-expert/

Last updated Sept. 29, 2026, 8:14 p.m.

Docket for: E E O C v. Asplundh Tree Expert
ECF Number Date Description Link
1 May 3, 2002

COMPLAINT filed; jury demand (Dean, S) (Entered: 05/08/2002)

RECAP
May 3, 2002

FILING FEE not paid; Amount of fee $0/USA Plaintiff. (Dunford, T) (Entered: 05/07/2002)

PACER
May 3, 2002

CASE ASSIGNED to current magistrate Judge for Discovery (Dean, S) (Entered: 05/08/2002)

PACER
May 3, 2002

FILING FEE not paid; Amount of fee $0/USA Plaintiff. (Dunford, T)

May 3, 2002

CASE ASSIGNED to current magistrate Judge for Discovery (Dean, S)

2 June 10, 2002

WAIVER of service returned executed as to Asplundh Tree Expert; Request for waiver mailed on 5/9/02; Answer due on 7/8/02 for Asplundh Tree Expert (Whidden, C) (Entered: 06/11/2002)

RECAP
3 June 17, 2002

MOTION by Asplundh Tree Expert for Tammy L Dobbs to appear pro hac vice as co-counsel of record for Asplundh Tree Expert with Proposed Order referred to Magistrate Judge Roy S Payne. FEE PAID. (former employee) (Entered: 06/17/2002)

RECAP
4 June 19, 2002

ORDER granting [3-1] motion for Tammy L Dobbs to appear pro hac vice as co-counsel of record for Asplundh Tree Expert; added Tammy L Dobbs as pro hac vice attorney (signed by Magistrate Judge Roy S Payne) NOE by: dmn (former employee) (Entered: 06/19/2002)

RECAP
5 July 1, 2002

MEMORANDUM ORDER: All requirements of FRCP 26(f) are waived, including the conference of the parties and the report to the Court. Parties are directed to serve their initial disclosures within 30 days and promptly begin any necessary discovery and motion practice. A scheduling order will be issued in due course. (signed by Magistrate Judge Roy S Payne) NOE by: dmn (former employee) (Entered: 07/02/2002)

RECAP
8 July 2, 2002

MOTION w/ brief and partial consent by Ronnie Collins Jr, Robert Rushing, Bill Lopez, James Baldwin for leave to intervene with Proposed Order and Complaint in Intervention referred to Magistrate Judge Roy S Payne (held due to deficiency) (former employee) (Entered: 07/10/2002)

RECAP
6 July 3, 2002

DEFICIENCY NOTICE to counsel for Ronnie Collins Jr, Robert Rushing, Bill Lopez, James Baldwin re: Motion w/ brief for Leave to Intervene, Proposed Order and Complaint of Intervention submitted on 07/02/02 Reason: no consent statement. NOE by dmn (former employee) (Entered: 07/03/2002)

RECAP
7 July 8, 2002

ANSWER to Complaint by Asplundh Tree Expert (former employee) (Entered: 07/09/2002)

RECAP
9 July 9, 2002

CERTIFICATE by Ronnie Collins Jr, Robert Rushing, Bill Lopez, James Baldwin regarding [8-1] motion for leave to intervene indicating partial consent (former employee) (Entered: 07/10/2002)

RECAP
10 July 12, 2002

NOTICE OF SETTING: Motion day set on 8/19/02 for [8-1] motion for leave to intervene before Magistrate Judge Roy S Payne. NOE by: dmn (former employee) (Entered: 07/12/2002)

RECAP
11 Aug. 16, 2002

MOTION by Asplundh Tree Expert for Shannon L Miller to appear pro hac vice as co-counsel of record for Asplundh Tree Expert with Proposed Order referred to Magistrate Judge Roy S Payne. FEE PAID. (former employee) (Entered: 08/19/2002)

RECAP
12 Aug. 20, 2002

ORDER granting [11-1] motion for Shannon L Miller to appear pro hac vice as co-counsel of record for Asplundh Tree Expert; added Shannon L Miller as pro hac vice attorney (signed by Magistrate Judge Roy S Payne) NOE by: dmn (former employee) (Entered: 08/20/2002)

RECAP
13 Aug. 21, 2002

MEMORANDUM ORDER granting [8-1] motion for leave to intervene (signed by Magistrate Judge Roy S Payne) NOE by: dmn (former employee) (Entered: 08/21/2002)

RECAP
14 Aug. 21, 2002

INTERVENOR'S COMPLAINT by Ronnie Collins Jr, James Baldwin, Bill Lopez, Robert Rushing against Asplundh Tree Expert (former employee) (Entered: 08/21/2002)

RECAP
15 Aug. 26, 2002

ANSWER by Asplundh Tree Expert to [14-1] intervenor complaint (former employee) (Entered: 08/27/2002)

RECAP
16 Nov. 18, 2002

MOTION w/ brief and certificate by E E O C to compel with Proposed Order referred to Magistrate Judge Roy S Payne WITH EXHIBITS (former employee) (Entered: 11/19/2002)

RECAP
17 Nov. 21, 2002

NOTICE OF SETTING: Motion day set on 12/23/02 for [16-1] motion to compel before Magistrate Judge Roy S Payne. NOE by: dmn (former employee) (Entered: 11/21/2002)

RECAP
18 Dec. 6, 2002

RESPONSE by Asplundh Tree Expert to [16-1] motion to compel WITH EXHIBITS (former employee) (Entered: 12/09/2002)

RECAP
19 Dec. 13, 2002

REPLY by E E O C to response to [16-1] motion to compel WITH EXHIBITS (McDonnell, D) (Entered: 12/17/2002)

RECAP
20 Jan. 7, 2003

MINUTE ENTRY ORDER granting in part, denying in part [16-1] motion to compel. (signed by Magistrate Judge Roy S Payne) NOE by: sjd (Dean, S) (Entered: 01/07/2003)

RECAP
21 Aug. 25, 2003

MINUTE ENTRY: reassigning the captioned matter to Judge S Maurice Hicks Jr for further proceedings (by Judge S M Hicks Jr) NOE by: dm (McDonnell, D) (Entered: 08/25/2003)

RECAP
Aug. 25, 2003

CASE reassigned to Judge S M Hicks Jr per minute entry doc #21. (McDonnell, D) (Entered: 08/25/2003)

PACER
Aug. 25, 2003

CASE reassigned to Judge S M Hicks Jr per minute entry doc #21. (McDonnell, D)

22 Sept. 8, 2003

ORDER; set scheduling conference for 3:00 10/28/03 before Magistrate Judge Roy S Payne ; set scheduling order deadlines; Rule 26 Conference set for 10/7/03; Rule 26 Report due on 10/21/03 . (signed by Magistrate Judge Roy S Payne) NOE by: sjd (Dean, S) (Entered: 09/09/2003)

RECAP
23 Oct. 6, 2003

MOTION by E E O C, Asplundh Tree Expert to approve and enter Consent Decree and to Dismiss E E O C's Action with Proposed Order referred to Judge S Maurice Hicks Jr (Dean, S) (Entered: 10/06/2003)

RECAP
24 Oct. 8, 2003

CONSENT JUDGMENT for E E O C against Asplundh Tree Expert granting [23-1] motion to approve and enter Consent Decree and to Dismiss E E O C's Action. (signed by Judge S Maurice Hicks Jr) (Dean, S) (Entered: 10/08/2003)

RECAP
Oct. 8, 2003

Case closed (Dean, S) (Entered: 10/08/2003)

PACER
Oct. 8, 2003

Case closed (Dean, S)

25 Oct. 29, 2003

90 DAY ORDER of dismissal. Clerk is now requested to close this case. Any motion that may be pending in this case is hereby DENIED AS MOOT (signed by Magistrate Judge Roy S Payne). NOE by: db (Berry, D) (Entered: 10/29/2003)

RECAP
26 Dec. 3, 2003

STIPULATION of dismissal (Dean, S) (Entered: 12/03/2003)

RECAP

Case Details

State / Territory:

Louisiana

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: May 3, 2002

Closing Date: 2003

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

Asplundh Tree Expert Co.

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Other Dockets:

Western District of Louisiana 5:02-cv-00887

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Implement complaint/dispute resolution process

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Order Duration: 2003 - 2005

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Male

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation