Case: EEOC v. Nexion Health at Broadway, Inc. d/b/a "Broadway Lodge"

5:04-cv-00872 | U.S. District Court for the Western District of Texas

Filed Date: Sept. 28, 2004

Closed Date: Dec. 12, 2006

Clearinghouse coding complete

Case Summary

The San Antonio District Office of the EEOC brought this action in the U.S. District Court for the Western District of Texas, against Nexion Health at Broadway, Inc. d/b/a Broadway Lodge. The complaint, filed in September 2004, alleged race discrimination in violation of Title VII of the Civil Rights Act of 1964; specifically that Defendant tolerated the subjection of the charging party to harassment based on his race, African American. The charging party intervened in December 2004 and in August 2005 Defendant moved for summary judgment. Defendant's motion for summary judgment was granted in September 2005 ending the case. The EEOC appealed in November 2005 to the U.S. Court of Appeals for the Fifth Circuit and the District Court's judgment was affirmed in December 2006.

Summary Authors

Shankar Viswanathan (7/31/2007)

Documents in the Clearinghouse

Document

5:04-cv-00872

Docket (PACER)

EEOC v. Nexion Health at Broadway, Inc.

Dec. 12, 2006

Dec. 12, 2006

Docket
1

5:04-cv-00872

Complaint

EEOC v. Nexion Health at Broadway, Inc.

Sept. 28, 2004

Sept. 28, 2004

Complaint
11

5:04-cv-00872

Terrance Johnson's Complaint in Intervention

EEOC v. Nexion Health at Broadway, Inc.

Dec. 15, 2004

Dec. 15, 2004

Complaint
40

5:04-cv-00872

Order Accepting Memorandum and Recommendation of the United States Magistrate Judge

EEOC v. Nexion Health at Broadway, Inc.

2005 WL 3337325, 2005 U.S.Dist.LEXIS 32360

Sept. 28, 2005

Sept. 28, 2005

Order/Opinion

05-51770

[Opinion]

EEOC v. Nexion Health at Broadway, Inc.

U. S. Court of Appeals for the Fifth Circuit

199 Fed.Appx. 351, 2006 WL 2528432, 2006 U.S.App.LEXIS 25012

Sept. 1, 2006

Sept. 1, 2006

Order/Opinion

Resources

Docket

Last updated Aug. 10, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link

Case assigned to Honorable Fred Biery (ep) (Entered: 09/28/2004)

Sept. 28, 2004

Sept. 28, 2004

If ordered by the court, all referrals will be assigned to Magistrate Judge Primomo (ep) (Entered: 09/28/2004)

Sept. 28, 2004

Sept. 28, 2004

1

Complaint filed. (Pages: 5) (ep) (Entered: 09/29/2004)

Sept. 28, 2004

Sept. 28, 2004

2

Demand for jury trial by Equal Employment (ep) (Entered: 09/29/2004)

Sept. 28, 2004

Sept. 28, 2004

summons not issued (ep) (Entered: 09/29/2004)

Sept. 28, 2004

Sept. 28, 2004

3

Waiver of Service by Nexion Health ; Notice and Request Mailed on 10/18/04 (lp) (Entered: 10/27/2004)

Oct. 26, 2004

Oct. 26, 2004

4

Motion by Nexion Health for Terrence B. Robinson to appear pro hac vice (lp) (Entered: 11/23/2004)

Nov. 23, 2004

Nov. 23, 2004

5

Answer by Nexion Health (lp) (Entered: 11/23/2004)

Nov. 23, 2004

Nov. 23, 2004

Pro hac vice fee paid by Terrerce B. Robinson with Amount: 25.00 Receipt # 192460 (ct) (Entered: 11/29/2004)

Nov. 29, 2004

Nov. 29, 2004

6

Order granting motion for Terrence B. Robinson to appear pro hac vice [4-1] signed by Honorable Fred Biery (lp) (Entered: 12/01/2004)

Nov. 30, 2004

Nov. 30, 2004

7

Order that the plaintiff shall submit a proposed scheduling order to the Court within sixty (60) days after the appearance of any defendant. Signed by Honorable Fred Biery (lp) (Entered: 12/01/2004)

Nov. 30, 2004

Nov. 30, 2004

8

Motion by Terrance Darrell Johnson to intervene (lp) (Entered: 12/08/2004)

Dec. 7, 2004

Dec. 7, 2004

Received complaint in intervention by Terrance Johnson (lp) (Entered: 12/08/2004)

Dec. 7, 2004

Dec. 7, 2004

9

Non-consent to proceed before a U.S. Magistrate by Equal Employment (lp) (Entered: 12/08/2004)

Dec. 7, 2004

Dec. 7, 2004

10

Order granting motion to intervene [8-1] signed by Honorable Fred Biery (lp) (Entered: 12/16/2004)

Dec. 15, 2004

Dec. 15, 2004

11

Intervenor's complaint by Terrance Darrell Johnson against Nexion Health (Pages: 5) (lp) (Entered: 12/16/2004)

Dec. 15, 2004

Dec. 15, 2004

12

Answer by Nexion Health to intervenor complaint [11-1] (rg) (Entered: 12/28/2004)

Dec. 27, 2004

Dec. 27, 2004

13

Recommendations for scheduling order by Equal Employment, Nexion Health, Terrance Darrell Johnson (rg) (Entered: 12/28/2004)

Dec. 27, 2004

Dec. 27, 2004

15

Order referring case to US MAgistrate Judge John Primomo for pretrial proceedings signed by Honorable Fred Biery (lp) (Entered: 01/04/2005)

Jan. 3, 2005

Jan. 3, 2005

Case referred to Honorable John W. Primomo (lp) (Entered: 01/04/2005)

Jan. 3, 2005

Jan. 3, 2005

16

Scheduling order setting Joining of parties, amending of pleadings on 3/24/05 Deadline for filing of all motions 8/15/05 Discovery cutoff 6/30/05 ; Alternate Dispute Resolution Report due by 2/22/05 , termed motions signed by Honorable John W. Primomo (lp) (Entered: 04/04/2005)

Jan. 14, 2005

Jan. 14, 2005

17

Notice of filing initial disclosures by Nexion Health (lp) (Entered: 01/19/2005)

Jan. 18, 2005

Jan. 18, 2005

18

Alternate Dispute Resolution Report filed by Equal Employment, Party(s) agree to Alternate Dispute Resolution (lp) (Entered: 02/18/2005)

Feb. 17, 2005

Feb. 17, 2005

19

Alternate Dispute Resolution Report filed by Nexion Health, Party(s) agree to Alternate Dispute Resolution (lp) (Entered: 02/24/2005)

Feb. 23, 2005

Feb. 23, 2005

20

Designation of expert witness filed by Equal Employment (lp) (Entered: 04/04/2005)

April 1, 2005

April 1, 2005

21

Designation of expert witness filed by Terrance Darrell Johnson (lp) (Entered: 04/04/2005)

April 1, 2005

April 1, 2005

22

Combined Witness, Exhibit and Expert List by Nexion Health (rg1) (Entered: 05/17/2005)

May 16, 2005

May 16, 2005

23

Pretrial disclosures filed by Terrance Darrell Johnson (tm) (Entered: 05/24/2005)

May 23, 2005

May 23, 2005

24

Agreed Motion by Equal Employment, Nexion Health, Terrance Darrell Johnson for protective order (ct) (Entered: 06/29/2005)

June 28, 2005

June 28, 2005

25

Order granting motion for protective order [24-1] signed by Honorable John W. Primomo (rg) (Entered: 07/01/2005)

June 30, 2005

June 30, 2005

26

Combined Witness, Exhibit and Expert List by Nexion Health (tm) (Entered: 07/20/2005)

July 19, 2005

July 19, 2005

27

Motion by Nexion Health for summary judgment (ct) (Entered: 08/17/2005)

Aug. 16, 2005

Aug. 16, 2005

28

Motion by Equal Employment to strike defendant's motion for summary judgment (ct) (Entered: 08/19/2005)

Aug. 18, 2005

Aug. 18, 2005

29

Motion by Nexion Health for leave to file motion for summary judgment (tm) (Entered: 08/22/2005)

Aug. 19, 2005

Aug. 19, 2005

30

Order granting motion for leave to file motion for summary judgment [29-1] signed by Honorable John W. Primomo (tm) (Entered: 08/25/2005)

Aug. 24, 2005

Aug. 24, 2005

31

Order denying motion to strike defendant's motion for summary judgment [28-1] signed by Honorable John W. (tm) (Entered: 08/25/2005)

Aug. 24, 2005

Aug. 24, 2005

32

Response by Nexion Health motion to strike defendant's motion for summary judgment [28-1] (ct) (Entered: 08/29/2005)

Aug. 26, 2005

Aug. 26, 2005

34

Reply by Nexion Health to response to motion for summary judgment [27-1] (ct) (Entered: 09/02/2005)

Sept. 1, 2005

Sept. 1, 2005

35

Order granting motion for leave to file joint response to defendant's motion for summary judgment out of page limit [33-1] signed by Honorable John W. Primomo (tm) (Entered: 09/07/2005)

Sept. 6, 2005

Sept. 6, 2005

36

Response by Equal Employment in opposition to motion for summary judgment [27-1] (tm) (Entered: 09/07/2005)

Sept. 6, 2005

Sept. 6, 2005

37

Report and recommendation of Judge Primomo recommending that Nexion's motion for summary judgment [27-1] be GRANTED. (Sent copies by certified mail or faxed if authorization is on file) (tm) (Entered: 09/09/2005)

Sept. 8, 2005

Sept. 8, 2005

38

Order returning case to the District Court for all purposes signed by Honorable John W. Primomo (tm) (Entered: 09/09/2005)

Sept. 8, 2005

Sept. 8, 2005

CASE NO LONGER REFERRED TO Honorable John W. Primomo (tm) (Entered: 09/09/2005)

Sept. 8, 2005

Sept. 8, 2005

Acknowledgment receipt of Equal Employment magistrate report and recommendations (tm) (Entered: 09/14/2005)

Sept. 13, 2005

Sept. 13, 2005

Acknowledgment receipt of Equal Employment magistrate report and recommendations (tm) (Entered: 09/14/2005)

Sept. 13, 2005

Sept. 13, 2005

Acknowledgment receipt of Nexion Health magistrate report and recommendations (tm) (Entered: 09/19/2005)

Sept. 14, 2005

Sept. 14, 2005

39

Objections to Magistrate's proposed findings of fact and recommendations regarding summary judgment [37-1] by Equal Employment (tm) (Entered: 09/20/2005)

Sept. 19, 2005

Sept. 19, 2005

40

Order ACCEPTING memorandum and recommendation of the United States Magistrate Judge: granting motion for summary judgment [27-1] signed by Honorable Fred Biery (tm) (Entered: 09/29/2005)

Sept. 28, 2005

Sept. 28, 2005

41

Judgment DISMISSING case pursuant to Court granting defendant's motion for summary judgment signed by Honorable Fred Biery (Pages: 1) (tm) (Entered: 09/29/2005)

Sept. 28, 2005

Sept. 28, 2005

Case closed (tm) (Entered: 09/29/2005)

Sept. 28, 2005

Sept. 28, 2005

42

Response by Nexion Health to Plaintiffs' objections to Magistrate's proposed findings and recommendation regarding summary judgment [39-1] (tm) (Entered: 10/03/2005)

Sept. 30, 2005

Sept. 30, 2005

43

Notice of appeal by Equal Employment (lp) (Entered: 11/28/2005)

Nov. 23, 2005

Nov. 23, 2005

45

Notice of appeal by Terrance Darrell Johnson (lp) (Entered: 11/29/2005)

Nov. 28, 2005

Nov. 28, 2005

USCA appeal fees paid for appeal [45-1] : Appeal Fee: $ 255.00 Receipt # 199046 (lp) (Entered: 01/19/2006)

Jan. 17, 2006

Jan. 17, 2006

Return of appeal information sheet received. appeal [45-1] USCA NUMBER: 05-51770 (lp) (Entered: 02/03/2006)

Feb. 3, 2006

Feb. 3, 2006

Certified and transmitted record on appeal to Terreree B. Robinson - appeal [45-1] (4) Volumes of records (bn) (Entered: 04/26/2006)

April 20, 2006

April 20, 2006

46

Acknowledgement from Terrerce B. Robinson - receipt appeal record [0-0] (bn) (Entered: 04/26/2006)

April 26, 2006

April 26, 2006

47

Certified copy of USCA JUDGMENT/MANDATE Affirming 45 Notice of Appeal filed by Terrance Darrell Johnson,, 43 Notice of Appeal filed by Equal Employment Opportunity Commission, (bn, ) (Entered: 12/12/2006)

Dec. 12, 2006

Dec. 12, 2006

48

Appeal Record Returned from USCA: 45 Notice of Appeal, 43 Notice of Appeal (bn, ) (Entered: 12/12/2006)

Dec. 12, 2006

Dec. 12, 2006

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: Sept. 28, 2004

Closing Date: Dec. 12, 2006

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

Nexio Health at Broadway, Inc, Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit