Case: EEOC v. TXI Operations

3:03-cv-01868 | U.S. District Court for the Northern District of Texas

Filed Date: Aug. 19, 2003

Closed Date: Jan. 13, 2005

Clearinghouse coding complete

Case Summary

The EEOC's Dallas office filed this suit on August 19, 2003 in the U.S. District Court for the Northern District of Texas, Dallas division. The complaint alleged that defendant TXI Operations, LP violated Title VII and the Equal Pay Act by paying a female employee less than a similarly situated male employee. The male employee was hired by TXI as in-house counsel at a higher salary than the complainant, and received raises and promotions which maintained his compensation at a rate higher than t…

The EEOC's Dallas office filed this suit on August 19, 2003 in the U.S. District Court for the Northern District of Texas, Dallas division. The complaint alleged that defendant TXI Operations, LP violated Title VII and the Equal Pay Act by paying a female employee less than a similarly situated male employee. The male employee was hired by TXI as in-house counsel at a higher salary than the complainant, and received raises and promotions which maintained his compensation at a rate higher than the complainants. The defendant claimed that the male employee received higher compensation due to greater experience.

The court set a trial date of January 17, 2005. The defendant moved for summary judgment, and the court granted the motion on January 13, 2005, on the grounds that the EEOC "fail[ed] to produce substantial evidence from which [the] Court [could] infer that the Defendant's proffered reasons for the pay disparity were actually pretext for sex discrimination." The case is now closed.

Summary Authors

Jason Chester (11/2/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6236590/parties/equal-employment-opportunity-commission-v-txi-operations-lp/


Judge(s)
Attorney for Plaintiff

Anderson, Suzanne M (Texas)

Francis, Ronetta J (Texas)

Jr, Robert A (Texas)

Mallon, Keri L (Texas)

Attorney for Defendant

Manthey, Ronald E (Texas)

Documents in the Clearinghouse

Documents in this case

3:03-cv-01868

Docket (PACER)

Equal Employment Opportunity Commission v. TXI Operations, LP

July 6, 2005

July 6, 2005

Docket
1

3:03-cv-01868

Complaint

Equal Employment Opportunity Commission v. TXI Operations, LP

Aug. 19, 2003

Aug. 19, 2003

Complaint
9

3:03-cv-01868

Agreed Protective Order

Equal Employment Opportunity Commission v. TXI Operations, LP

Dec. 3, 2003

Dec. 3, 2003

Order/Opinion
18

3:03-cv-01868

Order

Equal Employment Opportunity Commission v. TXI Operations, LP

July 6, 2004

July 6, 2004

Order/Opinion
43

3:03-cv-01868

Memorandum Opinion and Order

Equal Employment Opportunity Commission v. TXI Operations, LP

Jan. 13, 2005

Jan. 13, 2005

Order/Opinion

394 F.Supp.2d 868

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6236590/equal-employment-opportunity-commission-v-txi-operations-lp/

Last updated April 5, 2025, 10:24 a.m.

ECF Number Date Description Link
Aug. 19, 2003

DEMAND for Trial by Jury by Equal Employment Opportunity Commission.(filed within complaint) (lmr, ) (Entered: 08/21/2003)

PACER
Aug. 19, 2003

***Magistrate Judge Irma Ramirez chosen by random selection to handle matters that may be referred in this case. (lmr, ) (Entered: 08/21/2003)

PACER
1 Aug. 19, 2003

COMPLAINT against TXI Operations, LP, filed by Equal Employment Opportunity Commission.(lmr, ) (Entered: 08/21/2003)

Clearinghouse
2 Aug. 19, 2003

CERTIFICATE OF INTERESTED PERSONS by Equal Employment Opportunity Commission. (lmr, ) (Entered: 08/21/2003)

RECAP
3 Aug. 19, 2003

Summons Issued as to TXI Operations, LP. (lmr, ) (Entered: 08/21/2003)

RECAP
Aug. 19, 2003

DEMAND for Trial by Jury by Equal Employment Opportunity Commission.(filed within complaint) (lmr, )

Aug. 19, 2003

***Magistrate Judge Irma Ramirez chosen by random selection to handle matters that may be referred in this case. (lmr, )

4 Sept. 16, 2003

ORIGINAL ANSWER to Complaint by TXI Operations, LP.(lmr, ) (Entered: 09/17/2003)

RECAP
5 Sept. 16, 2003

CERTIFICATE OF INTERESTED PERSONS by TXI Operations, LP. (lmr, ) (Entered: 09/17/2003)

RECAP
6 Sept. 17, 2003

Order Requiring Attorney Conference and Proposal for Contents of Scheduling and Discovery Order. Proposed Scheduling Order due by 10/20/2003.(see order for specifics) (Signed by Judge Jorge A Solis on 09/17/03) (lmr, ) (Entered: 09/18/2003)

RECAP
7 Oct. 20, 2003

JOINT STATUS REPORT by Equal Employment Opportunity Commission, TXI Operations, LP. (lmr, ) (Entered: 10/22/2003)

RECAP
8 Nov. 5, 2003

SCHEDULING ORDER: Amended Pleadings due by 2/10/2004. Discovery due by 8/6/2004. Pretrial Conference set for 1/7/2005 09:30 AM before Judge Jorge A Solis. Joinder of Parties due by 1/9/2004. Jury Trial set for 1/17/2005 09:00 AM before Judge Jorge A Solis. Proposed Pretrial Order due by 12/24/2004. Pretrial Materials due by 1/10/2005.(see order for specifics) (Signed by Judge Jorge A Solis on 11/05/03) (lmr, ) (Entered: 11/06/2003)

RECAP
9 Dec. 3, 2003

AGREED PROTECTIVE ORDER (Signed by Judge Jorge A Solis on 12/3/03) (aat, ) (Entered: 12/04/2003)

Clearinghouse
10 April 19, 2004

NOTICE of Change of Address..Re:attorney, Ronald E. Manthey & Ellen Perlioni/2300 Trammell Crow Center/2001 Ross Ave/Dallas, TX 75201. (lmr, ) (Entered: 04/20/2004)

RECAP
11 June 10, 2004

MOTION to Compel Discovery Responses, Production of Documents and Depositions, and Alternative Motion to Deem Evidence Inadmissible and brief in support by TXI Operations, LP. (lmr, ) (Entered: 06/15/2004)

RECAP
12 June 10, 2004

Appendix to 11 MOTION to Compel Discovery Responses, Production of Documents and Depositions, and Alternative Motion to Deem Evidence Inadmissible filed by TXI Operations, LP. (lmr, ) (Entered: 06/15/2004)

RECAP
13 June 14, 2004

ORDER OF REFERENCE..Referring 11 Motion to Compel Discovery Responses, Production of Documents and Depositions, and Alternative Motion to Deem Evidence Inadmissible filed by TXI Operations, LP to Judge Irma Ramirez for hearing, if necessary and determianation. (Signed by Judge Jorge A Solis on 06/14/04) (lmr, ) (Entered: 06/16/2004)

RECAP
14 June 15, 2004

ORDER..Pursuant to the District Court's Order of Reference, filed June 14, 2004 Defendant TXI Operations Motion to Compel Discovery Responses, Production of Documents and Depositions, and Alternative Motion to Deem Evidence Inadmissible., Set Deadlines as to 11 Motion to Compel. Response due by 6/29/2004.(see order for specifics) (Signed by Judge Irma C Ramirez on 06/15/04) (lmr, ) (Entered: 06/17/2004)

RECAP
15 June 29, 2004

RESPONSE in Opposition to Defendant's 11 MOTION to Compel filed by Equal Employment Opportunity Commission. (lmr, ) (Entered: 07/01/2004)

RECAP
16 June 29, 2004

Brief in Support of its 15 RESPONSE in Opposition to Defendant's 11 MOTION to Compel filed by Equal Employment Opportunity Commission. (lmr, ) (Entered: 07/01/2004)

RECAP
17 June 29, 2004

Appendix to Plaintiff's 16 Brief in Support of its 15 RESPONSE in Opposition to Defendant's 11 MOTION to Compel filed by Equal Employment Opportunity Commission. (lmr, ) (Entered: 07/01/2004)

RECAP
19 July 2, 2004

Minute Entry for proceedings held before Judge Irma C Ramirez : Motion to Compel Hearing held on 07/02/04. (Court Reporter Electronic#139-140ICR.) (lmr, ) (Entered: 07/08/2004)

RECAP
18 July 6, 2004

ORDER granting in part and denying in part 11 Motion Contempt of Deposition Subpoena for hearing, if necessary and determination. It is Ordered that's Defendant's motion to compel the deposition of former EEOC Investigator George R. Garrett is Granted. Defendant's motion to compel the deposition of EEOC Acting District Director Janet V. Elizondo is Denied. All relief not expressly awarded herein is hereby denied.(see order for specifics) (Signed by Judge Irma C Ramirez on 07/06/04) (lmr, ) (Entered: 07/07/2004)

Clearinghouse
20 July 21, 2004

Minute Entry for proceedings held before Judge Irma C Ramirez : Telephone Conference held regarding Motion to Compel. (lmr, ) (Entered: 07/22/2004)

RECAP
21 July 22, 2004

ORDER: Pursuant to the District Court's Order of Reference, file June 14, 2004, Defendant's Motion to Compel Discovery Responses, Production of Documents and Depositions and Alternative Motion to Deem Evidence Inadmissible filed June 10, 2004 has been referred to this Court for hearing, if necessary and determination. The Court determines that the Defendant's Motion to Compel production of Fundling's notes should be Granted. It is hereby Ordered that Plaintiff shall provide a copy of Fundling's notes to Defendant's counsel within five (5) business days of this Order.(see order for specifics) (Signed by Judge Jorge A Solis on 07/22/04) (lmr, ) (Entered: 07/22/2004)

RECAP
22 Aug. 19, 2004

JOINT STATUS REPORT by Equal Employment Opportunity Commission, TXI Operations, LP. (lmr, ) (Entered: 08/20/2004)

RECAP
23 Sept. 7, 2004

MOTION for Summary Judgment by TXI Operations, LP. (lmr, ) (Entered: 09/08/2004)

RECAP
24 Sept. 7, 2004

Brief in Support of its 23 MOTION for Summary Judgment filed by TXI Operations, LP. (lmr, ) (Entered: 09/08/2004)

RECAP
26 Sept. 15, 2004

UNOPPOSED MOTION for Extension of Time to File Response as to 23 MOTION for Summary Judgment by Equal Employment Opportunity Commission. (lmr, ) (Entered: 09/15/2004)

RECAP
27 Sept. 15, 2004

ORDER granting 26 UNOPPOSED MOTION for Extension of Time to File Response as to 23 MOTION for Summary Judgment. Defendant's Reply due by 10/25/2004. Plaintiff's Response due by 10/13/2004.(see order for specifics) (Signed by Judge Jorge A Solis on 09/15/04) (lmr, ) (Entered: 09/16/2004)

RECAP
28 Oct. 13, 2004

RESPONSE in Opposition to Defendant's 23 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (lmr, ) (Entered: 10/14/2004)

RECAP
29 Oct. 13, 2004

Brief in Support ot its 28 RESPONSE in Opposition to Defendant's 23 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (lmr, ) (Entered: 10/14/2004)

RECAP
30 Oct. 13, 2004

Appendix filed by Equal Employment Opportunity Commission. (lmr, ) (Entered: 10/14/2004)

RECAP
31 Oct. 27, 2004

REPLY supporting its 23 MOTION for Summary Judgment filed by TXI Operations, LP. (lmr, ) (Entered: 10/28/2004)

RECAP
32 Dec. 22, 2004

TRIAL BRIEF by Equal Employment Opportunity Commission. (lmr, ) (Entered: 12/27/2004)

RECAP
33 Jan. 3, 2005

JOINT PRETRIAL ORDER..(see order for specifics) (Signed by Judge Jorge A Solis on 01/03/05) (lmr, ) (Entered: 01/04/2005)

RECAP
34 Jan. 5, 2005

Witness List by Equal Employment Opportunity Commission. (lmr, ) (Entered: 01/06/2005)

RECAP
35 Jan. 5, 2005

Exhibit List by Equal Employment Opportunity Commission. (lmr, ) (Entered: 01/06/2005)

RECAP
36 Jan. 5, 2005

Deposition Designations by Equal Employment Opportunity Commission. (lmr, ) (Entered: 01/06/2005)

RECAP
37 Jan. 5, 2005

TRIAL BRIEF Regarding the Statutes of Limitations and Recover Periods Applicable to Plaintiff's Claim by TXI Operations, LP. (lmr, ) (Entered: 01/06/2005)

RECAP
38 Jan. 5, 2005

Deposition Designations by TXI Operations, LP. (lmr, ) (Entered: 01/06/2005)

RECAP
39 Jan. 5, 2005

Witness List by TXI Operations, LP. (lmr, ) (Entered: 01/06/2005)

RECAP
40 Jan. 5, 2005

Exhibit List by TXI Operations, LP. (lmr, ) (Entered: 01/06/2005)

RECAP
41 Jan. 6, 2005

NOTICE of Attorney Appearance by Keri L Mallon on behalf of Equal Employment Opportunity Commission. (lmr, ) (Entered: 01/07/2005)

RECAP
42 Jan. 7, 2005

Minute Entry for proceedings held before Judge Jorge A Solis : Pretrial Conference held on 01/07/05. (Court Reporter Shawn McRoberts.) (lmr, ) (Entered: 01/11/2005)

RECAP
43 Jan. 13, 2005

Memorandum Opinion and Order Granting 23 Motion for Summary Judgment filed by TXI Operations, LP,. Plaintiff fails to produce substantial evidence from which this Court can infer that the Defendant's proffered reasons for the pay disparity were actually pretext for sex discrimination.(see order for specifics) (Signed by Judge Jorge A Solis on 01/13/05) (lmr, ) (Entered: 01/14/2005)

Clearinghouse
44 Jan. 13, 2005

FINAL JUDGMENT..Pursuant to the Court's Memorandum Opinion and Order filed on January 13, 2005, the Court issues judgment as follows: Plaintiff takes nothing from its claim. Costs are assessed against Plaintiff. (Signed by Judge Jorge A Solis on 01/13/05) (lmr, ) (Entered: 01/14/2005)

RECAP
Jan. 27, 2005

Costs Taxed in amount of $8293.38 against Equal Employment Opportunity Commission. (lmr, ) (Entered: 01/28/2005)

PACER
45 Jan. 27, 2005

BILL OF COSTS by TXI Operations, LP. (lmr, ) (Entered: 01/28/2005)

RECAP
Jan. 27, 2005

Costs Taxed in amount of $8293.38 against Equal Employment Opportunity Commission. (lmr, )

46 Feb. 3, 2005

Objections to Defendant's 45 Bill of Costs filed by Equal Employment Opportunity Commission. (lmr, ) (Entered: 02/04/2005)

RECAP
47 Feb. 23, 2005

RESPONSE to Plaintiff's 46 Objections to Defendant's 45 Bill of Costs filed by TXI Operations, LP. (lmr, ) (Entered: 02/25/2005)

RECAP
48 March 3, 2005

REPLY to Defendant's 47 RESPONSE to Plaintiff's 46 Objections to Defendant's 45 Bill of Costs filed by Equal Employment Opportunity Commission. (lmr, ) (Entered: 03/07/2005)

RECAP
49 June 7, 2005

ORDER: Now before the Court are the following: Defendant's Bill of Costs; Plaintiff's Objections; Defendant's Response to Plaintiff's Objections and Plaintiff's Reply to Defendant's Response. Accordingly, after reviewing the Defendant's Bill of Costs, the parties' briefing and the applicable law, the Court hereby awards Defendant: $3,0577.78 - Deposition transcripts cots. $1,091.92 - Exemplification and copy costs for a total of $4,149.70.(see order for specifics) (Signed by Judge Jorge A Solis on 06/07/05) (lmr, ) (Entered: 06/08/2005)

RECAP
50 July 5, 2005

BILL OF COSTS by TXI Operations, LP. (lmr, ) (Entered: 07/07/2005)

RECAP
July 6, 2005

Costs Taxed in amount of $ 4149.70 against Equal Employment Opportunity Commission. (lmr, ) (Entered: 07/07/2005)

PACER
July 6, 2005

Costs Taxed in amount of $ 4149.70 against Equal Employment Opportunity Commission. (lmr, )

Case Details

State / Territory:

Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 19, 2003

Closing Date: Jan. 13, 2005

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

Private Entity/Person

TXI Operations, L.P.

Case Details

Causes of Action:

Equal Pay Act, 29 U.S.C. § 206(d)

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

Other Dockets:

Northern District of Texas 3:03-cv-01868

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Discrimination Area:

Disparate Treatment

Pay / Benefits

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Recommended Citation