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)

Documents in the Clearinghouse

Document

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

Last updated Aug. 12, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link

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

May 3, 2002

May 3, 2002

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

May 3, 2002

May 3, 2002

1

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

May 3, 2002

May 3, 2002

2

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)

June 10, 2002

June 10, 2002

3

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)

June 17, 2002

June 17, 2002

4

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)

June 19, 2002

June 19, 2002

5

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)

July 1, 2002

July 1, 2002

8

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)

July 2, 2002

July 2, 2002

6

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)

July 3, 2002

July 3, 2002

7

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

July 8, 2002

July 8, 2002

9

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)

July 9, 2002

July 9, 2002

10

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)

July 12, 2002

July 12, 2002

12

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)

Aug. 20, 2002

Aug. 20, 2002

13

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)

Aug. 21, 2002

Aug. 21, 2002

14

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

Aug. 21, 2002

Aug. 21, 2002

15

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

Aug. 26, 2002

Aug. 26, 2002

16

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)

Nov. 18, 2002

Nov. 18, 2002

17

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)

Nov. 21, 2002

Nov. 21, 2002

18

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

Dec. 6, 2002

Dec. 6, 2002

19

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

Dec. 13, 2002

Dec. 13, 2002

20

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)

Jan. 7, 2003

Jan. 7, 2003

21

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)

Aug. 25, 2003

Aug. 25, 2003

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

Aug. 25, 2003

Aug. 25, 2003

22

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)

Sept. 8, 2003

Sept. 8, 2003

23

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)

Oct. 6, 2003

Oct. 6, 2003

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

Oct. 8, 2003

Oct. 8, 2003

25

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)

Oct. 29, 2003

Oct. 29, 2003

26

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

Dec. 3, 2003

Dec. 3, 2003

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

Asplundh Tree Expert Co., Private Entity/Person

Case Details

Causes of Action:

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

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

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2003 - 2005

Content of Injunction:

Post/Distribute Notice of Rights / EE Law

Reporting

Provide antidiscrimination training

Implement complaint/dispute resolution process

Issues

General:

Disparate Treatment

Pattern or Practice

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Male

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit