Case: EEOC v. HOUSTON AREA SHEET METAL JOINT APPRENTICESHIP COMM

4:00-cv-03390 | U.S. District Court for the Southern District of Texas

Filed Date: Sept. 28, 2000

Closed Date: Aug. 27, 2002

Clearinghouse coding complete

Case Summary

The EEOC's Houston district office sued the Houston Area Sheet Metal Joint Apprenticeship Committee on September 28, 2000 in the U.S. District Court for the Southern District of Texas. The EEOC's complaint alleged that the defendant violated The Americans with Disabilities Act when it discriminated based on physical disability (deafness) by failing to hire an otherwise qualified deaf employee. The parties entered into a consent decree on August 27, 2002, which stipulated that the defendant would pay the complainant $30,000 in damages, hire the complainant and reasonably accommodate him in the workplace, provide ADA training for its employees, revise application requirements to exclude hearing and speaking, provide personal interviews for deaf applicants before declaring them unfit for work, and maintain records of these interviews and training sessions.

Summary Authors

Aaron Weismann (6/22/2007)

Documents in the Clearinghouse

Document

4:00-cv-03390

Docket (PACER)

EEOC v. Houston Area Sheet

Aug. 27, 2002

Aug. 27, 2002

Docket
52

4:00-cv-03390

Order [Summary Judgment]

Equal Employment Opportunity Commission v. Houston Area Sheet Metal Joint Apprenticeship Committee

2002 WL 1263893

May 31, 2002

May 31, 2002

Order/Opinion
55

4:00-cv-03390

Order of Dismissal

EEOC v. Houston Area Sheet

June 24, 2002

June 24, 2002

Order/Opinion
57

4:00-cv-03390

Consent Decree

Equal Employment Opportunity Commission v. Houston Area Sheet Metal Joint Apprenticeship Committee

Aug. 28, 2002

Aug. 28, 2002

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4396042/eeoc-v-houston-area-sheet/

Last updated Aug. 7, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT by EEOC filed (psmith) (Entered: 09/29/2000)

Sept. 28, 2000

Sept. 28, 2000

PACER
2

Order setting Initial Pretrial and Scheduling Conference on 9:30 1/12/01 before Magistrate Judge Marcia A. Crone and Order to Disclose Interested Persons, filed. Parties notified. (psmith) (Entered: 09/29/2000)

Sept. 28, 2000

Sept. 28, 2000

PACER
3

CERTIFICATE OF INTERESTED PARTIES by EEOC, filed. (hlerma) (Entered: 10/13/2000)

Oct. 13, 2000

Oct. 13, 2000

PACER
4

CERTIFICATE OF INTERESTED PERSONS by Deft Houston Area Sheet, filed. (fmremp) (Entered: 10/30/2000)

Oct. 30, 2000

Oct. 30, 2000

PACER
5

US Marshal's RETURN OF SERVICE of Summons & Complaint executed as to Houston Area Sheet on 10/23/00 filed Answer due on 11/12/00 (fmremp) (Entered: 11/02/2000)

Nov. 1, 2000

Nov. 1, 2000

PACER
6

FIRST AMENDED CERTIFICATE OF INTERESTED PERSONS by Deft Houston Area Sheet, filed. (fmremp) (Entered: 11/07/2000)

Nov. 6, 2000

Nov. 6, 2000

PACER
7

ANSWER to Pltf's Original Complaint by Deft Houston Area Sheet (Added attorney Patrick M Flynn), filed.; jury demand (fmremp) (Entered: 11/14/2000)

Nov. 13, 2000

Nov. 13, 2000

PACER
8

JOINT DISCOVERY/Case Management Plan by EEOC, Houston Area Sheet, filed. (fmremp) (Entered: 01/04/2001)

Jan. 4, 2001

Jan. 4, 2001

PACER
9

RULE 16 SCHEDULING ORDER: Amendments to Pleadings 8/1/01 ; Designation of Experts by Pltf 4/2/01 and by Deft 6/4/01 ; Completion of Discovery 9/4/01 ; Motion Cut-Off 10/1/01 ; Joint Pretrial Order 12/28/01 before Judge David Hittner, entered. Parties notified. Trial Term: Jan/Feb 2002 ( Signed by Magistrate Judge A. Crone ) (fmremp) (Entered: 01/18/2001)

Jan. 12, 2001

Jan. 12, 2001

PACER
10

MINUTES OF RULE 16 SCHEDULING CONFERENCE held 1/12/01 before Magistrate Judge Marcia Crone: Atty Apps: Murphy f/Pltf EEOC and Flynn f/Deft, Taped: 011201mac1(704), 399-499, Scheduling Order entered, filed (fmremp) (Entered: 01/19/2001)

Jan. 12, 2001

Jan. 12, 2001

PACER
11

INITIAL DISCLOSURE by Houston Area Sheet Metal Joint Apprenticeship Committee, filed. (ltien) (Entered: 02/01/2001)

Feb. 1, 2001

Feb. 1, 2001

PACER
12

INITIAL DISCLOSURE by EEOC, filed. (psmith) (Entered: 02/02/2001)

Feb. 2, 2001

Feb. 2, 2001

PACER
13

APPEARANCE OF COUNSEL Bruce V Griffiths for Pltf EEOC, Nancy E Murphy will remain as attorney in charge, filed (fmremp) (Entered: 03/15/2001)

March 15, 2001

March 15, 2001

PACER
14

DESIGNATION OF EXPERT WITNESS Dr Gary Nelson by Pltf EEOC filed. (fmremp) (Entered: 04/03/2001)

April 2, 2001

April 2, 2001

PACER
15

MOTION to extend the deadline for filing pltfs expert witness report, by EEOC, Motion Docket Date 5/16/01 [15-1] motion, filed. (psmith) (Entered: 04/26/2001)

April 26, 2001

April 26, 2001

PACER
16

ORDER granting Pltf's [15-1] motion to extend the deadline for filing expert witness report until 8/1/01, entered; Parties notified. ( signed by Judge David Hittner ) (fmremp) (Entered: 04/30/2001)

April 27, 2001

April 27, 2001

PACER
17

AGREED MOTION for extension of discovery deadlines by Houston Area Sheet, filed. (hcarr) (Entered: 07/16/2001)

July 13, 2001

July 13, 2001

PACER
18

ORDER granting [17-1] agreed motion for extension of discovery deadlines discovery due for 10/12/01, entered; Parties notified. ( signed by Judge David Hittner ) (sguevara) (Entered: 07/18/2001)

July 17, 2001

July 17, 2001

PACER
19

MOTION to substitute Kathy D Boutchee as attorney in charge and Timothy Bowne as associate counsel in place of Nancy Murphy and Bruce Griffith by Pltf EEOC, Motion Docket Date 9/11/01 [19-1] motion, filed. (fmremp) (Entered: 08/23/2001)

Aug. 22, 2001

Aug. 22, 2001

PACER
20

ORDER granting EEOC's [19-1] motion to substitute Kathy D Boutchee as attorney in charge and Timothy Bowne as associate in place of Nancy Murphy and Bruce Griffith Parties notified. ( signed by Judge David Hittner ) (fmremp) (Entered: 08/27/2001)

Aug. 23, 2001

Aug. 23, 2001

PACER
21

JOINT AGREED MOTION to extend discovery to 11/13/01 and motion deadlines to 11/19/01 by Pltf EEOC and Deft Houston Area Sheet, filed (fmremp) (Entered: 09/20/2001)

Sept. 19, 2001

Sept. 19, 2001

PACER
22

ORDER GRANTING MOTION TO EXTEND DEADLINES: Discovery completion deadline is extended to 11/13/01; written discovery requests are not timely if they are filed so close to this deadline that, under the FRCP, the responses would not be due until after the deadline; the deadline for filing motions is extended to 11/19/01, entered; Parties notified. ( signed by Judge David Hittner ) (fmremp) (Entered: 09/25/2001)

Sept. 24, 2001

Sept. 24, 2001

PACER
23

JOINT MOTION to amend scheduling order by EEOC, Houston Area Sheet, filed (hlerma) (Entered: 11/13/2001)

Nov. 9, 2001

Nov. 9, 2001

PACER
24

ORDER Granting Joint Motion to Amend Scheduling Order: Completion of Discovery 1/31/02; Dispositive Motions 2/15/02; Joint Pretrial Order 4/30/02; Trial Term: May/June 2002, entered; Parties notified. ( signed by Judge David Hittner ) (fmremp) (Entered: 11/14/2001)

Nov. 13, 2001

Nov. 13, 2001

PACER
25

JOINT MOTION for modification of the scheduling order by EEOC and Houston Area Sheet, filed (fmremp) (Entered: 01/28/2002)

Jan. 25, 2002

Jan. 25, 2002

PACER
26

ORDER granting the parties joint motion for modification of the scheduling order to establish a new deadline for the filing of the dispositive motions from 2/15/02 to 3/15/02; no other dates are effected by this Order, entered; Parties notified. ( signed by Judge David Hittner ) (fmremp) (Entered: 01/30/2002)

Jan. 29, 2002

Jan. 29, 2002

PACER
27

UNOPPOSED JOINT MOTION to modify scheduling order by EEOC and Houston Area Sheet, filed (fmremp) (Entered: 03/13/2002)

March 12, 2002

March 12, 2002

PACER
28

ORDER granting the [27-1] joint motion to modify scheduling order. The dispositive motions will be extended for 4/15/02, entered; Parties notified. ( signed by Judge David Hittner (psmith) (Entered: 03/15/2002)

March 14, 2002

March 14, 2002

PACER
29

ORDER that parties shall exchange all trial exhibits by 4/30/02, entered; Parties notified. ( signed by Judge David Hittner ) (fmremp) (Entered: 03/22/2002)

March 22, 2002

March 22, 2002

PACER
30

JOINT MOTION to amend scheduling order deadlines, and for continuance of case; parties negotiating settlement by EEOC and Houston Area Sheet, filed (fmremp) (Entered: 03/25/2002)

March 25, 2002

March 25, 2002

PACER
31

ORDER Final pretrial conference for 9:45 5/31/02 before Judge David Hittner, entered; Parties notified. ( signed by Judge David Hittner ) (hlerma) (Entered: 03/26/2002)

March 25, 2002

March 25, 2002

PACER
32

ORDER denying [30-1] joint motion to amend scheduling order deadlines and denying [30-2] joint motion for continuance of case; parties negotiating settlement, entered; Parties notified. ( signed by Judge David Hittner ) (psmith) (Entered: 03/28/2002)

March 26, 2002

March 26, 2002

PACER
33

MOTION for leave to exceed page limits onmotion for summary judgment by Deft Houston Area Sheet, Motion Docket Date 5/5/02 [33-1] motion, filed. (fmremp) (Entered: 04/16/2002)

April 15, 2002

April 15, 2002

PACER
34

MOTION for summary judgment by Houston Area Sheet, Motion Docket Date 5/5/02 [34-1] motion, filed. (fmremp) (Entered: 04/16/2002)

April 15, 2002

April 15, 2002

PACER
35

APPENDIX by Houston Area Sheet to [34-1] motion for summary judgment, filed. (Placed in Brown Expandable Foldler) (fmremp) Modified on 04/30/2002 (Entered: 04/16/2002)

April 15, 2002

April 15, 2002

PACER
36

SUMMARY to [34-1] motion for summary judgment by Houston Area Sheet, filed. (fmremp) (Entered: 04/16/2002)

April 15, 2002

April 15, 2002

PACER
37

ORDER granting deft's [33-1] motion for leave to exceed page limits onmotion for summary judgment, entered; Parties notified. ( signed by Judge David Hittner ) (amaly) (Entered: 04/16/2002)

April 15, 2002

April 15, 2002

PACER
38

JOINT PRETRIAL ORDER, filed. (in brown expandable folder) (ltien) (Entered: 05/02/2002)

April 30, 2002

April 30, 2002

PACER
39

MOTION in limine by EEOC, Motion Docket Date 5/20/02 [39-1] motion, filed. (ltien) (Entered: 05/02/2002)

April 30, 2002

April 30, 2002

PACER
40

MOTION in limine by Houston Area Sheet Metal Joint Apprenticeship Committee, Motion Docket Date 5/20/02 [40-1] motion, filed. (ltien) (Entered: 05/02/2002)

April 30, 2002

April 30, 2002

PACER
41

SUPPLEMENTARY [35-1] Appendix to the Apprenticeship Committee's Motion for Summary Judgment, by Houston Area Sheet, filed. (psmith) (Entered: 05/03/2002)

May 2, 2002

May 2, 2002

PACER
42

UNOPPOSED MOTION for leave to exceed page limits by Pltf EEOC, Motion Docket Date 5/26/02 [42-1] motion, filed. (fmremp) (Entered: 05/07/2002)

May 6, 2002

May 6, 2002

PACER
43

MEMORANDUM IN RESPONSE by EEOC to Deft's [34-1] motion for summary judgment, filed. (fmremp) (Entered: 05/07/2002)

May 6, 2002

May 6, 2002

PACER
44

SUMMARY to [43-1] Memorandum in Response to Deft's [34-1] motion for summary judgment by EEOC, filed. (fmremp) (Entered: 05/07/2002)

May 6, 2002

May 6, 2002

PACER
45

AFFIDAVIT of Kathy D Boutchee by EEOC in support of its [43-1] Memorandum Response to Deft's [34-1] motion for summary judgment, filed ( placed in a brown expandable folder ) (fmremp) (Entered: 05/07/2002)

May 6, 2002

May 6, 2002

PACER
46

ORDER on Pltf's [42-1] unopposed motion for leave to exceed page limits; Pltf EEOC may file a brief or memorandum which exceeds twenty (20) pages, entered; Parties notified. ( signed by Judge David Hittner ) (fmremp) (Entered: 05/09/2002)

May 8, 2002

May 8, 2002

PACER
47

REPLY by Houston Area Sheet to Pltfs response to [34-1] motion for summary judgment, filed (psmith) (Entered: 05/15/2002)

May 15, 2002

May 15, 2002

PACER
48

SUMMARY by Houston Area Sheet to the [47-1] Reply to Pltfs Response to its Motion for Summary Judgment, filed. (psmith) (Entered: 05/15/2002)

May 15, 2002

May 15, 2002

PACER
49

RESPONSE by EEOC to deft's motion to bifurcate determination of punitive damages, filed. (ltien) (Entered: 05/20/2002)

May 17, 2002

May 17, 2002

PACER
50

OBJECTIONS to Defts Trial Exhibits, by EEOC, filed. (psmith) (Entered: 05/29/2002)

May 28, 2002

May 28, 2002

PACER
51

AMENDED ORDER resetting pretrial conference for 9:45 am on 6/21/02 before Judge David Hittner, entered; Parties notified. ( signed by Judge David Hittner ) (sguevara) (Entered: 05/29/2002)

May 29, 2002

May 29, 2002

PACER
52

ORDER that The Apprenticeship Committee's [34-1] motion for summary judgment is DENIED, entered; Parties notified. ( signed by Judge David Hittner ) (fmremp) (Entered: 06/03/2002)

May 31, 2002

May 31, 2002

PACER
53

NOTICE OF CHANGE OF ADDRESS by Patrick M Flynn, Attorney for EEOC, filed. (fmremp) (Entered: 06/04/2002)

June 3, 2002

June 3, 2002

PACER
54

Minute entry: Final pretrial conference held. Apps: K. Boutchee, T. Bowne f/pltf; P. Flynn f/deft. parties announced seettlement. Ninety-day order to be entered. terminated deadlines Ct Reporter: F. Warner . (sguevara) (Entered: 06/24/2002)

June 21, 2002

June 21, 2002

PACER
55

ORDER OF DISMISSAL without prejudice, entered; Parties notified. ( signed by Judge David Hittner ) (sguevara) (Entered: 06/24/2002)

June 24, 2002

June 24, 2002

RECAP
56

AGREED MOTION to enter consent decree by EEOC, Houston Area Sheet, filed. (sguevara) (Entered: 08/26/2002)

Aug. 26, 2002

Aug. 26, 2002

PACER
57

CONSENT DECREE: Each party shall bear their own costs and attorney's fees, entered; Parties notified. ( signed by Judge David Hittner ) (fmremp) (Entered: 08/28/2002)

Aug. 27, 2002

Aug. 27, 2002

RECAP

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 28, 2000

Closing Date: Aug. 27, 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

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

Houston Area Sheet Metal Joint Apprenticeship Committee (Houston, TX), 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

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: 30000

Order Duration: 2002 - 2005

Content of Injunction:

Reasonable Accommodation

Hire

Discrimination Prohibition

Provide antidiscrimination training

Recordkeeping

Retaliation Prohibition

Issues

General:

Disparate Treatment

Discrimination-area:

Hiring

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits