Case: EEOC v. Party Boat, Inc.

2:97-cv-00258 | U.S. District Court for the Southern District of Texas

Filed Date: May 2, 1997

Closed Date: 1997

Clearinghouse coding complete

Case Summary

This Title VII action was brought in the U.S District Court for the Southern District of Texas, against Party Boat, Inc., d/b/a Dolphin Docks. The complaint, filed in May 1997, alleged race discrimination in violation of Title VII of the Civil Rights Act of 1964; specifically that Defendant terminated the charging party because he opposed Defendant's policy of refusing to hire Hispanics and Blacks. In December 2005 the parties entered into a consent decree. The decree, valid for three years…

This Title VII action was brought in the U.S District Court for the Southern District of Texas, against Party Boat, Inc., d/b/a Dolphin Docks. The complaint, filed in May 1997, alleged race discrimination in violation of Title VII of the Civil Rights Act of 1964; specifically that Defendant terminated the charging party because he opposed Defendant's policy of refusing to hire Hispanics and Blacks. In December 2005 the parties entered into a consent decree. The decree, valid for three years, required Defendant to pay the charging party $24,000 and provide him with a neutral employment reference. Defendant was enjoined from discriminating or retaliating in violation of Title VII, and required to post a notice of non-discrimination, distribute a copy of its revised Employee Manual, and maintain records relevant to the decree such as all employment applications.

In August 1999, the EEOC motioned to enforce the consent decree. In March 2002, the defendant motioned for summary judgment regarding the enforcement, but this was denied that month. However, later that March, the court denied the EEOC's enforcement motion.

Summary Authors

Shankar Viswanathan (7/20/2007)

Documents in the Clearinghouse

Document

2:97-cv-00258

Docket (PACER)

April 16, 2007

April 16, 2007

Docket
12

2:97-cv-00258

Consent Decree

EEOC v. Party Boat, Inc. d/b/a Dolphin Docks

Dec. 30, 1997

Dec. 30, 1997

Settlement Agreement
24

2:97-cv-00258

Order [re: Motion to Dismiss Without Prejudice]

EEOC v. Party Boat, Inc. d/b/a Dolphin Docks

Feb. 24, 2000

Feb. 24, 2000

Order/Opinion
39

2:97-cv-00258

Order Denying Respondent's Motion to Dismiss []

March 20, 2002

March 20, 2002

Order/Opinion

Resources

Docket

Last updated Sept. 7, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; (ssyler) (Entered: 05/06/1997)

May 2, 1997

May 2, 1997

2

ORDER set initial scheduling conference for 1:15 9/16/97 before Judge Hayden W. Head Jr. , entered; Parties notified. ( signed by Judge Hayden W. Head Jr. ) (ssyler) (Entered: 05/06/1997)

May 2, 1997

May 2, 1997

SUMMONS issued for Party Boat, Inc. (mserpa) (Entered: 05/09/1997)

May 9, 1997

May 9, 1997

3

ANSWER to Complaint by Party Boat, Inc. (Added attorney F Van Huseman), filed. (mserpa) (Entered: 08/05/1997)

Aug. 4, 1997

Aug. 4, 1997

4

RETURN OF SERVICE executed as to Party Boat, Inc. 7/17/97 filed Answer due on 8/6/97 for Party Boat, Inc. (mserpa) (Entered: 08/08/1997)

Aug. 6, 1997

Aug. 6, 1997

5

NOTICE of attorney appearance for Equal Employment Op by Adela P Santos, filed (mserpa) (Entered: 08/22/1997)

Aug. 21, 1997

Aug. 21, 1997

6

MOTION to substitute attorney at the Initial Pretrial and scheduling conference set for 9/16/97 at 1:15 p.m.by F Van Huseman attorney for defendant Party Boat, Inc., Motion Docket Date 10/1/97 [6-1] motion , filed. (ssyler) (Entered: 09/15/1997)

Sept. 11, 1997

Sept. 11, 1997

7

ORDER granting [6-1] motion to substitute attorney Added , entered; Parties notified. ( signed by Judge Hayden W. Head Jr. ) Cliff Gordon substituted for Van Huseman at the IPTC. (mserpa) (Entered: 09/16/1997)

Sept. 15, 1997

Sept. 15, 1997

8

Scheduling conference before Judge Hayden W. Head Jr. held before Judge Hayden W. Head Jr. Ct Reporter: ERO Lori Lopez Tape Number: 2/1990-2/3226. Case called. Court informs parties that they are limited to 7 depositions + 1 depo & no others except by permission of the Court. ETT: 3-4 days. Trial date: 3/9/98. Scheduling order signed. Excused. (mserpa) (Entered: 09/17/1997)

Sept. 16, 1997

Sept. 16, 1997

9

REPORT of Planning Meeting (mserpa) (Entered: 09/17/1997)

Sept. 16, 1997

Sept. 16, 1997

10

SCHEDULING ORDER setting Joining of parties 6/30/97, amending of pleadings 11/21/97 ; Expert witness list submitted by 10/24/97 ; Discovery cutoff 12/19/97 ; Deadline for filing all dispositive motions 12/19/97 ; Pretrial order to be submitted on or before 3:00 2/27/98 ; Docket call deadline 8:30 3/6/98 ; Trial date deadline 9:00 3/9/98 ; set jury selection for 2:00 3/9/98 before Judge Hayden W. Head Jr. before Judge Hayden W. Head Jr. , entered. Parties notified. ; ( Signed by Judge Hayden W. Head Jr. ) (mserpa) (Entered: 09/17/1997)

Sept. 16, 1997

Sept. 16, 1997

Deadline updated; set jury selection for 9:00 3/9/98 before Judge Hayden W. Head Jr. (mserpa) (Entered: 09/17/1997)

Sept. 16, 1997

Sept. 16, 1997

11

AMENDED COMPLAINT by Equal Employment Op , (Answer due 11/10/97 for Party Boat, Inc. ) amending [1-1] complaint , filed. (fmremp) (Entered: 11/03/1997)

Oct. 31, 1997

Oct. 31, 1997

12

CONSENT DECREE, entered; Parties notified ( signed by Judge Hayden W. Head Jr. ) (mserpa) (Entered: 12/30/1997)

Dec. 29, 1997

Dec. 29, 1997

Case closed (fmremp) (Entered: 12/30/1997)

Dec. 29, 1997

Dec. 29, 1997

13

MOTION to enforce Consent Decree , and for contempt by Equal Employment Op, Motion Docket Date 9/15/99 [13-1] motion, 9/15/99 [13-2] motion , filed. (fmremp) (Entered: 08/26/1999)

Aug. 26, 1999

Aug. 26, 1999

14

NOTICE of Hearing: Motion hearing set for 2:00 11/29/99 for [13-1] motion to enforce Consent Decree before Judge Hayden W. Head Jr. , filed. (fmremp) (Entered: 11/08/1999)

Nov. 5, 1999

Nov. 5, 1999

15

DESIGNATION by Equal Employment Op designating Robert Christan Pittard as attorney in charge, filed. (fmremp) (Entered: 11/19/1999)

Nov. 16, 1999

Nov. 16, 1999

16

SUPPLEMENT to [13-1] motion to enforce Consent Decree, [13-2] motion for contempt by Equal Employment Op , filed. (fmremp) (Entered: 11/23/1999)

Nov. 22, 1999

Nov. 22, 1999

17

Tele-conference held before Judge Hayden W. Head Jr. Ct Reporter: Genay Rogan Tape Number: 2A. Case called. Appearances made. Court advises he doesn't think dft. has been given adequate notice. Court will prepare order setting date on motion for contempt. Court advises Pittard it will be up to him to serve order. Court advises Mr. Huseman & Spann to file motions to withdraw as attys. Court asks Mr. Huseman who officers of Party Boat are. Hearing will be set in January 2000. Court advises Mr. Spann that he should file statement that he does not represent them. Adjourned. (fmremp) (Entered: 11/29/1999)

Nov. 23, 1999

Nov. 23, 1999

19

ORDER to show cause , entered; dft. ordered to appear 01/27/00 and show cause why it should not be held in contempt. Dft. to enter appearance by written response in accordance with Rules of Civil Procedure upon service of this order. Parties notified. ( signed by Judge Hayden W. Head Jr. ) (fmremp) (Entered: 11/29/1999)

Nov. 23, 1999

Nov. 23, 1999

18

NOTICE of Hearing: Motion hearing set for 1:15 1/27/00 for [13-1] motion to enforce Consent Decree before Judge Hayden W. Head Jr. , filed. (fmremp) (Entered: 11/29/1999)

Nov. 24, 1999

Nov. 24, 1999

20

MOTION for Van Huseman to withdraw as attorney by Party Boat, Inc. F Van Huseman for defendant Party Boat, Inc., Motion Docket Date 12/14/99 [20-1] motion , filed. (fmremp) (Entered: 11/30/1999)

Nov. 24, 1999

Nov. 24, 1999

21

NOTICE of Hearing: Motion hearing set for 1:15 2/3/00 for [13-1] motion to enforce Consent Decree before Judge Hayden W. Head Jr. , filed. (fmremp) (Entered: 12/10/1999)

Dec. 9, 1999

Dec. 9, 1999

23

Motion hearing re: [13-1] motion to enforce Consent Decree Motion hearing held;, [13-2] motion for contempt Ct Reporter: Genay Rogan Tape Number: 1/1180-1223. Cae called. Pltff. atty. moves to dismiss w/o prejudice so he may continue to investigate who true party is. Court grants oral motion. Pltff. atty. will mail written motion to dismiss. Adjourned. (fmremp) (Entered: 02/24/2000)

Feb. 23, 2000

Feb. 23, 2000

24

ORDER granting EEOC's motion to dismiss w/o prejudice its motion to enforce consent decree and for contempt, dismissing [13-1] motion to enforce Consent Decree dismissing [13-2] motion for contempt , entered; Parties notified. ( signed by Judge Hayden W. Head Jr. ) (fmremp) (Entered: 02/25/2000)

Feb. 24, 2000

Feb. 24, 2000

Received original and one copy of proposed order. Routed to case manager j.a. (fmremp) (Entered: 02/25/2000)

Feb. 25, 2000

Feb. 25, 2000

WRIT of execution issued. Two certified copies delivered to USM. (fmremp) Modified on 12/13/2000 (Entered: 12/13/2000)

Dec. 13, 2000

Dec. 13, 2000

25

Advisory to the Court on Continuing Jurisdictionn Pursuant to the Consent Decree by Equal Employment Op , filed (fmremp) (Entered: 12/19/2000)

Dec. 18, 2000

Dec. 18, 2000

26

RETURN OF SERVICE executed as to Party Boat, Inc. 2/14/01 re: writ of execution, filed (fmremp) (Entered: 02/16/2001)

Feb. 16, 2001

Feb. 16, 2001

27

MOTION to Enforce Consent Decree Against Successor-in-Interest to Defendant by Equal Employment Op Robert Christan Pittard for plaintiff Equal Employment Op, Motion Docket Date 10/31/01 [27-1] motion , filed. Exhibits consist primarily of discovery material - NOT IMAGED. (fmremp) Modified on 10/12/2001 (Entered: 10/12/2001)

Oct. 11, 2001

Oct. 11, 2001

28

NOTICE of Hearing: Motion hearing set for 4:00 12/6/01 for [27-1] motion to Enforce Consent Decree Against Successor-in-Interest to Defendant before Judge Hayden W. Head Jr , filed. (fmremp) (Entered: 11/30/2001)

Nov. 28, 2001

Nov. 28, 2001

29

PLEA TO THE JURISDICTION by Party Boat, Inc. , filed (drodrigues) (Entered: 12/06/2001)

Dec. 6, 2001

Dec. 6, 2001

30

Motion hearing re: Ct Reporter: Genay Rogan Tape Number: 4/915-4/2283. Case called. Appearances made. Discussion of evidence. Mr. Spann says he would like to consider having a jury trial, but does not want to decide that now. Court says he will not give them a jury trial. The amount in question is $12,000. An agreed fact by both sides is that Party Boats has gone out of business. A non-jury trial is set on 2/28/02 at 9:00 a.m. The Court orders a modified pretrial order be filed no later than 2/15/02 for non-jury trial. If there is a dispute on the law, the court orders that a memo be filed. Adjourned. (drodrigues) (Entered: 12/10/2001)

Dec. 6, 2001

Dec. 6, 2001

31

NOTICE of Hearing: set non-jury trial for 9:00 2/28/02 before Judge Hayden W. Jr , filed. (drodrigues) (Entered: 12/10/2001)

Dec. 6, 2001

Dec. 6, 2001

32

NOTICE of Hearing: reset bench trial for 9:00 3/14/02 before Judge Hayden W. Head Jr , filed. (drodrigues) (Entered: 01/07/2002)

Jan. 4, 2002

Jan. 4, 2002

34

AGREED MOTION to extend time for filing of joint pre-trial order and briefs by Equal Employment Op , filed. (drodrigues) (Entered: 02/01/2002)

Feb. 1, 2002

Feb. 1, 2002

35

ORDER granting [34-1] agreed motion to extend time for filing of joint pre-trial order and briefs set joint pretrial order due for 3/8/02 , set briefs due for 3/8/02 , entered; Parties notified. ( signed by Judge Hayden W. Head Jr ) (drodrigues) (Entered: 02/12/2002)

Feb. 10, 2002

Feb. 10, 2002

37

JOINT PRETRIAL ORDER, filed. (drodrigues) (Entered: 03/12/2002)

March 8, 2002

March 8, 2002

36

MOTION for summary judgment by Party Boat, Inc. Bob J Spann for defendant Party Boat, Inc., Motion Docket Date 3/31/02 [36-1] motion , filed. (drodrigues) (Entered: 03/12/2002)

March 11, 2002

March 11, 2002

38

MOTION to dismiss Dolphin Dock, Inc.'s Motion for Summary Judgment by Equal Employment Op Robert Christan Pittard for plaintiff Equal Employment Op, Motion Docket Date 4/7/02 [38-1] motion , filed. (drodrigues) (Entered: 03/18/2002)

March 18, 2002

March 18, 2002

39

ORDER denying [29-3] motion to dismiss denying [36-1] motion for summary judgment denying as moot [38-1] motion to dismiss Dolphin Dock, Inc.'s Motion for Summary Judgment evidentiary hearing before Judge Hayden W. Head Jr set for 9:00 3/28/02 for [27-1] motion to Enforce Consent Decree Against Successor-in-Interest to Defendant , entered; Parties notified. ( signed by Judge Hayden W. Head Jr ) (fmremp) (Entered: 03/22/2002)

March 20, 2002

March 20, 2002

40

MOTION to continue by Party Boat, Inc. Bob J Spann for defendant Party Boat, Inc., Motion Docket Date 4/11/02 [40-1] motion , filed. (fmremp) (Entered: 03/22/2002)

March 22, 2002

March 22, 2002

40

NOTICE of Summary Judgment, Etc. filed by Party Boat, Inc. (fmremp) (Entered: 03/22/2002)

March 22, 2002

March 22, 2002

41

RESPONSE by Party Boat, Inc. to [38-1] motion to dismiss Dolphin Dock, Inc.'s Motion for Summary Judgment , filed. (fmremp) (Entered: 03/22/2002)

March 22, 2002

March 22, 2002

42

ORDER denying [40-1] motion to continue , entered; Parties notified. ( signed by Judge Hayden W. Head Jr ) (drodrigues) (Entered: 03/26/2002)

March 25, 2002

March 25, 2002

43

Motion hearing Ct Reporter: Genay Rogan Tape Number: Digital. Case called. Appearances made. Parties advise they were unable to settle the case. Recess. Recall. Parties advise the matter canot be resolved. The Court advises there is no need for opening statements. PW #1-Michael Gutersloh. Recess. Recall. Continued examination of PW #1. PW #2-Dean Gulley. PW #3-Tim Oestreiah. PW #4-Paul Dirk. Recess. Recall. Continued examination of PW #4. Recess. Recall. Continued examination of PW #4. Pltff rests. DW #1-Robert L. Ressor. DW #2-Paul Dirk. Recess. Recall. Continued examination of DW #2. Deft rests. Closing arguments. The Court grants deft's motion to enforce and denies the motion to sanction. Adjourned. (drodrigues) Modified on 04/04/2002 (Entered: 04/01/2002)

March 28, 2002

March 28, 2002

44

Exhibit list by Party Boat, Inc. , filed (drodrigues) (Entered: 04/01/2002)

March 28, 2002

March 28, 2002

46

Exhibit list by Equal Employment Op , filed (drodrigues) (Entered: 04/01/2002)

March 28, 2002

March 28, 2002

47

ORDER denying [27-1] motion to Enforce Consent Decree Against Successor-in-Interest to Defendant , entered; Parties notified. ( signed by Judge Hayden W. Head Jr ) (drodrigues) (Entered: 04/02/2002)

March 28, 2002

March 28, 2002

48

ORDER DENYING MOTION FOR SANCTIONS, entered; Parties notified. ( signed by Judge Hayden W. Head Jr ) (drodrigues) (Entered: 04/02/2002)

April 1, 2002

April 1, 2002

49

Mail Returned Undeliverable: Letter to Robert Pittard regarding exhibits., filed. (vrios, ) (Entered: 02/13/2007)

Feb. 12, 2007

Feb. 12, 2007

50

NOTICE to destroy plaintiff's exhibits, filed. (grogan, ) (Entered: 03/27/2007)

March 27, 2007

March 27, 2007

Plaintiff's exhibits destroyed. (grogan, ) (Entered: 04/16/2007)

April 16, 2007

April 16, 2007

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: May 2, 1997

Closing Date: 1997

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

Party Boat, Inc., Private Entity/Person

Party Boat, Inc., Private Entity/Person

Case Details

Causes of Action:

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

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: 24000

Order Duration: 1997 - 2000

Content of Injunction:

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Neutral/Positive Reference

Retaliation Prohibition

Recordkeeping

Monitoring

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Hiring

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

National Origin/Ethnicity:

Indian