Case: EEOC v. Beall Concrete Enterprises, Inc., a wholly owned subsidiary

3:06-cv-01779 | U.S. District Court for the Northern District of Texas

Filed Date: Sept. 28, 2006

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On September 28, 2006, The Dallas District Office of the EEOC filed this lawsuit in the U.S. District Court for the Northern District of Texas. The plaintiff sued Beall Concrete Enterprises, Inc., a wholly-owned subsidiary of U.S. Concrete, Inc. under the Americans with Disabilities Act of 1990 and the Age Discrimination in Employment Act. The plaintiff, representing a former employee of the defendant, asked the court for injunctive relief enjoining the defendant from discrimination on the basi…

On September 28, 2006, The Dallas District Office of the EEOC filed this lawsuit in the U.S. District Court for the Northern District of Texas. The plaintiff sued Beall Concrete Enterprises, Inc., a wholly-owned subsidiary of U.S. Concrete, Inc. under the Americans with Disabilities Act of 1990 and the Age Discrimination in Employment Act. The plaintiff, representing a former employee of the defendant, asked the court for injunctive relief enjoining the defendant from discrimination on the basis of disability or age, and for monetary relief as compensation for harm. The plaintiff claimed that the defendant violated the ADA by failing to provide the employee with reasonable accommodations and then firing the employee due to his disabilities. In an amended complaint, submitted on May 7, 2007, the plaintiff further alleged that the defendant terminated the complainant's employment because of his age and failed to rehire him based on his disability and age.

On November 14, 2007, the defendant moved for partial summary judgment on the plaintiff's claims under the ADA. On March 15, 2008, Judge Reed O'Connor granted the summary judgment. He found that the injuries sustained by the plaintiff on the job did not constitute a disability under the ADA. Judge O'Connor further found that the defendant's 12 month leave policy was not in violation of the ADA. 2008 WL 877769 (N.D. Tex. Mar. 15, 2008).

On April 3, 2008, Judge Reed O'Connor approved a consent decree over the remaining claim that the defendant had violated the Age Discrimination in Employment Act. The consent decree required the defendant to pay the complainant $50,000 in backpay, conduct ADEA training for its employees for two years, and post a notice about federal anti-discrimination employment laws.

Summary Authors

Kevin Wilemon (5/27/2008)

Gabriela Hybel (11/7/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4898318/parties/equal-employment-opportunity-commission-v-beall-concrete-enterprises-inc/


Judge(s)

O'Connor, Reed Charles (Texas)

Ramirez, Irma C. (Texas)

Attorneys(s) for Plaintiff

Canino, Robert Anthony (Texas)

Cooper, Ronald S. (District of Columbia)

Costas, Toby W. (Texas)

Lee, James L. (Texas)

Reams, Gwendolyn Young (District of Columbia)

Seth, Devika (Texas)

Attorneys(s) for Defendant

Levine, Mark J. (Texas)

Judge(s)

O'Connor, Reed Charles (Texas)

Ramirez, Irma C. (Texas)

Attorneys(s) for Plaintiff

Canino, Robert Anthony (Texas)

Cooper, Ronald S. (District of Columbia)

Costas, Toby W. (Texas)

Lee, James L. (Texas)

Reams, Gwendolyn Young (District of Columbia)

Seth, Devika (Texas)

Attorneys(s) for Defendant

Levine, Mark J. (Texas)

Documents in the Clearinghouse

Document

Docket (PACER)

Equal Employment Opportunity Commission v. Beall Concrete Enterprises, Inc.

April 22, 2008 Docket
1

Complaint

EEOC v. Beall Concrete Enterprises, Inc.

Sept. 28, 2006 Complaint
12

Plaintiff's First Amended Complaint

EEOC v. Beall Concrete Enterprises, Inc.

May 7, 2007 Complaint
30

Memorandum Opinion and Order

EEOC v. Beall Concrete Enterprises, Inc.

2008 WL 877769

March 15, 2008 Order/Opinion
46

Order

EEOC v. Beall Concrete Enterprises, Inc.

April 3, 2008 Order/Opinion
47

Consent Decree

EEOC v. Beall Concrete Enterprises, Inc.

April 22, 2008 Settlement Agreement

Resources

Title Description External URL

Judicial Independence, Employment Discrimination Studies Funded

Ann Nicholson

This brief article describes the Clearinghouse's award of $12,000 to build its collection of employment discrimination class actions brought by private plaintiffs. Nov. 1, 2008 https://law.wustl.edu/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4898318/equal-employment-opportunity-commission-v-beall-concrete-enterprises-inc/

Last updated May 20, 2022, 12:37 a.m.

ECF Number Description Date Link
1

COMPLAINT against Beall Concrete Enterprises Inc filed by Equal Employment Opportunity Commission. (axm, ) (Entered: 09/28/2006)

Sept. 28, 2006
30

Memorandum Opinion and Order granting 22 Motion for Summary Judgment, filed by Beall Concrete Enterprises Inc. (See Order for specifics) (Signed by Judge Reed C O'Connor on 3/15/08) (skt)

March 15, 2008 RECAP

DEMAND for Trial by Jury by Equal Employment Opportunity Commission. (contained within complaint) (axm, ) (Entered: 09/28/2006)

Sept. 28, 2006
2

Summons Issued as to Beall Concrete Enterprises Inc. (ISS−1) (axm, ) (Entered: 09/28/2006)

Sept. 28, 2006
3

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Equal Employment Opportunity Commission. (axm, ) (Entered: 09/28/2006)

Sept. 28, 2006

***Magistrate Judge Ramirez chosen by random selection to handle matters that may be referred in this case. (axm, ) (Entered: 09/28/2006)

Sept. 28, 2006
4

Order Designating Case for ECF − see order for specifics. (Signed by Judge Barbara M. G. Lynn on 09/28/2006) (axm, ) (Entered: 09/28/2006)

Sept. 28, 2006
5

NOTICE of Waiver of Service by Beall Concrete Enterprises Inc (jyg, ) (Entered: 11/15/2006)

Nov. 14, 2006
6

WAIVER OF SERVICE Returned Executed as to Beall Concrete Enterprises Inc. Waiver sent on 10/13/2006, answer due 12/12/2006. (jyg, ) (Entered: 11/15/2006)

Nov. 14, 2006
7

ANSWER to Complaint by Beall Concrete Enterprises Inc (Levine, Mark) (Entered: 01/04/2007)

Jan. 4, 2007
8

Order Requring Scheduling Conference and Report for Content for Scheduling Order Proposal due by 2/28/2007. See order for details. (Signed by Judge Barbara M. G. Lynn on January 16, 2007) (Attachments: # 1 consent letter# 2 Consent Form) (jyg) (Entered: 01/16/2007)

Jan. 16, 2007
10

SCHEDULING ORDER: Amended Pleadings due by 5/16/2007. Discovery due by 10/15/2007. Pretrial Conference set for 4/4/2008 10:00 AM before Judge Barbara M. G. Lynn. Joinder of Parties due by 5/16/2007. This case is set for jury trial on this Court's three−week docket beginning 4/8/2008 at 09:00 AM before Judge Barbara M. G. Lynn. Motions due by 11/1/2007. Proposed Pretrial Order due by 3/17/2008. Pretrial Materials due by 3/17/2008. Settlement Report due by 10/31/2007. See order for other deadlines. (Signed by Judge Barbara M. G. Lynn on April 16, 2007) (jyg) Modified on 4/23/2007 (Gardner, Jo). (Entered: 04/16/2007)

April 16, 2007
11

ORDER Confirming Trial Date: The Court's April 16, 2007 Scheduling Order is hereby AMENDED to reflect that this case is currently set for a jury trial on this Court's three−week docket call beginning April 7, 2008, at 9:00 a.m., not April 8, 2008. All other deadlines set out in the Court's Scheduling Order remain in effect. (Signed by Judge Barbara M. G. Lynn on April 17, 2007) (jyg) (Entered: 04/17/2007)

April 17, 2007
12

AMENDED COMPLAINT against Beall Concrete Enterprises Inc filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix Beal Second Amend Redlined) (Costas, Toby) (Entered: 05/07/2007)

May 7, 2007
13

Designation of Experts by Equal Employment Opportunity Commission. (Costas, Toby) (Entered: 05/31/2007)

May 31, 2007
14

NOTICE of Attorney Appearance by Devika Seth on behalf of Equal Employment Opportunity Commission (Seth, Devika) (Entered: 06/12/2007)

June 12, 2007
15

Unopposed MOTION for Leave to File First Amended Answer by Beall Concrete Enterprises Inc (Attachments: # 1 Exhibit A) (Levine, Mark) Modified on 9/13/2007 (npk) (Entered: 09/12/2007)

Sept. 12, 2007
16

UNOPPOSED MOTION for Leave to File Amended Answer by Beall Concrete Enterprises Inc (Attachments: # 1 Exhibit A) (Levine, Mark) Modified on 9/14/2007 (npk) (Entered: 09/14/2007)

Sept. 14, 2007
17

ORDER granting 15 , 16 Unopposed Motions for Leave to File First Amended Answer to Complaint. Amended Answer due 10/1/07. (Signed by Judge Barbara M. G. Lynn on 9/27/07) (npk) (Entered: 09/28/2007)

Sept. 27, 2007
18

AMENDED ANSWER by Beall Concrete Enterprises Inc re 12 Amended Complaint (Levine, Mark) (Entered: 10/01/2007)

Oct. 1, 2007
19

Unopposed Motion to Extend Dispositive Motion Deadline by Beall Concrete Enterprises Inc. (Levine, Mark) Modified on 10/22/2007 (klm). (Entered: 10/19/2007)

Oct. 19, 2007
20

ORDER granting 19 Unopposed Motion for Extension of Time to File Dispositive Motion Deadline. Motion for Summary Judgment due by 11/15/2007. Responses due by 12/14/2007. (Signed by Judge Barbara M. G. Lynn on October 23, 2007) (jyg) (Entered: 10/23/2007)

Oct. 23, 2007
21

STATUS REPORT JOINT SETTLEMENT STATUS REPORT by Equal Employment Opportunity Commission, Beall Concrete Enterprises Inc. (Seth, Devika) (Entered: 10/31/2007)

Oct. 31, 2007
22

MOTION for Partial Summary Judgment on Plaintiff's Claims Under the Americans with Disabilities Act by Beall Concrete Enterprises Inc with Brief/Memorandum in Support. (Attachments: # 1 Supplement Brief in Support) (Levine, Mark) Modified on 11/14/2007 (lmp). (Entered: 11/14/2007)

Nov. 14, 2007
23

NOTICE of Change of Address by Mark J Levine, counsel for Beall Concrete Enterprises Inc. New address is: 4747 Bellaire, Suite 500, Bellaire, Texas 77401, Telephone: (713) 574−4550, Facsimile: (713) 660−8637 (Levine, Mark) (Entered: 12/06/2007)

Dec. 6, 2007
25

Appendix in Support filed by Equal Employment Opportunity Commission 24 RESPONSE/Brief in Opposition filed by Equal Employment Opportunity Commission re 22 for Partial Summary Judgment.(Attachments: # 1 Appendix Declaration of Charles Gentry# 2 Appendix Affidavit of Charles Gentry# 3 Appendix TWC Report Charles Gentry# 4 Affidavit TWC Report Charles Gentry# 5 Appendix Defendat's Employee Handbook Hourly Employees# 6 Appendix Defendant's Employee Handbook Hourly Employees# 7 Appendix Defendant's Supplemental Statement Position &Employee Status Form# 8 Appendix Defendant's Objections and Answers to Plaintiff First Set Interrogatories# 9 Appendix Excerpts Depo Charles Gentry# 10 Appendix Excerpts Depo 102−116# 11 Appendix DepoExcerpts Patti Reardon 117−131# 12 Appendix Depo Excerpts Patti Reardon 132−145# 13 Appendix Excerpts Depo Patti Reardon 146−160 &Affidavit of Devika Seth) (Seth, Devika) Modified on 12/18/2007 (lmp). (Entered: 12/14/2007)

Dec. 14, 2007
28

SPECIAL ORDER NO. 3−270. Case reassigned to Judge Reed C O'Connor for all further proceedings. Judge Barbara M. G. Lynn no longer assigned to case. (see order for specifics) (Signed by Judge Sidney A Fitzwater on 12/17/07) (lmp) (Entered: 12/19/2007)

Dec. 17, 2007
26

Amended Brief/Memorandum in Support filed by Beall Concrete Enterprises Inc re 22 MOTION for Partial Summary Judgment on Plaintiff's Claims Under the Americans with Disabilities Act. (Levine, Mark) Modified on 12/20/2007 (lmp). (Entered: 12/18/2007)

Dec. 18, 2007
27

Appendix in Support filed by Beall Concrete Enterprises Inc re 26 Amended Brief/Memorandum in Support 22 MOTION for Partial Summary Judgment on Plaintiff's Claims Under the Americans with Disabilities Act. (Levine, Mark) Modified on 12/20/2007 (lmp). (Entered: 12/18/2007)

Dec. 18, 2007
29

TRIAL SCHEDULING ORDER: Pretrial Order due by 3/17/2008. Jury Trial set for 4/7/2008 09:30 AM before Judge Reed C O'Connor. See order for other specifics. (Signed by Judge Reed C O'Connor on 3/6/08) (jrb) (Entered: 03/07/2008)

March 6, 2008
31

Witness List by Equal Employment Opportunity Commission. (Seth, Devika) (Entered: 03/17/2008)

March 17, 2008
32

Exhibit List by Equal Employment Opportunity Commission. (Seth, Devika) (Entered: 03/17/2008)

March 17, 2008
33

Designation of Deposition by Equal Employment Opportunity Commission. (Seth, Devika) (Entered: 03/17/2008)

March 17, 2008
34

ORDER SETTING PRETRIAL STATUS HEARING: Status Hearing set for 3/25/2008 10:30 AM before Judge Reed C O'Connor. (see order for specifics) (Signed by Judge Reed C O'Connor on 3/17/2008) (axm) (Entered: 03/17/2008)

March 17, 2008
35

Exhibit List by Beall Concrete Enterprises Inc. (Levine, Mark) (Entered: 03/17/2008)

March 17, 2008
36

Witness List by Beall Concrete Enterprises Inc. (Levine, Mark) (Entered: 03/17/2008)

March 17, 2008
37

Exhibit List Amended by Equal Employment Opportunity Commission. (Seth, Devika) (Entered: 03/18/2008)

March 18, 2008
38

Agreed Proposed Jury Instructions by Equal Employment Opportunity Commission, Beall Concrete Enterprises Inc. (Seth, Devika) Modified on 3/25/2008 (tln). (Entered: 03/24/2008)

March 24, 2008
40

Proposed Voir Dire by Beall Concrete Enterprises Inc. (Levine, Mark) (Entered: 03/24/2008)

March 24, 2008
41

Defendant's Rule 26(a)(3) Disclosure Objections by Beall Concrete Enterprises Inc. (Levine, Mark) Modified on 3/25/2008 (tln). (Entered: 03/24/2008)

March 24, 2008
42

AMENDED DOCUMENT by Beall Concrete Enterprises Inc. Amendment to 41 Defendant's Rule 26(a)(3) Disclosure Objections. (Levine, Mark) Modified on 3/25/2008 (tln). (Entered: 03/24/2008)

March 24, 2008
43

Minute Entry for proceedings held before Judge Reed C O'Connor: Pretrial Conference held on 3/25/2008. Attorney Appearances: Plaintiff − Devika Seth, Toby W. Costas; Defense − Mark J. Levine. (Court Reporter Debbie Saenz.) Time in Court: 65 mins. (skt) (Entered: 03/26/2008)

March 25, 2008
44

ORDER: The Court determines that this case should be REFERRED to U.S. Magistrate Judge Irma Carrillo Ramirez for a court−ordered settlement conference to be conducted on April 3, 2008 at 9:00 a.m.. All counsel are directed to contact the chambers of Magistrate Judge Ramirez at 214−753− 2393 no later than 5:00 p.m. March 28, 2008 to arrange all the details of the conference. The parties, as well as counsel, shall attend the settlement conference. (Signed by Judge Reed C O'Connor on 03/26/08) (lmp) (Entered: 03/27/2008)

March 26, 2008
45

ORDER: Pursuant to the District Court's Order, filed March 26, 2008, this matter has been referred to the United States Magistrate Judge for a settlement conference. This Order will control all proceedings relating to the settlement conference in this case. Settlement Conference set for 4/3/2008 09:00 AM before Magistrate Judge Irma C Ramirez. (see order for specifics) (Signed by Magistrate Judge Irma C Ramirez on 03/27/08) (lmp) (Entered: 03/27/2008)

March 27, 2008

Minute Entry for proceedings held before Magistrate Judge Irma C Ramirez: Settlement Conference held on 4/3/2008. Parties settled. Attorney Appearances: Plaintiff − Devika Seth, Toby Costas; Defense − Mark Levine, Curt Lindeman. (Not recorded) Time in Court: 3 hours. NO PDF ATTACHED − THIS IS A VIRTUAL MINUTE ENTRY. (lmm) (Entered: 04/03/2008)

April 3, 2008
46

ORDER: The Court has been notified that this case has settled. The parties are therefore directed to file the necessary dismissal papers (a stipulation of dismissal under FED. R. CIV. P. 41(a)(1)(A)(ii)) with the Clerk's Office within 15 days from the date of this order. (see order for specifics) (Signed by Judge Reed C O'Connor on 4/3/08) (klm) (Entered: 04/04/2008)

April 3, 2008
47

Consent Decree. (See Order for specifics) (Signed by Judge Reed C O'Connor on 4/22/08) (skt) (Entered: 04/23/2008)

April 22, 2008

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 28, 2006

Closing Date: 2008

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

Beall Concrete Enterprises, Inc, Private Entity/Person

Beall Concrete Enterprises, Inc., Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

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

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 50000

Order Duration: 2008 - 2010

Content of Injunction:

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Training

Issues

General:

Disparate Treatment

Discrimination-area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Hiring

Discrimination-basis:

Age discrimination

Disability (inc. reasonable accommodations)

Disability:

Mobility impairment

EEOC-centric:

Direct Suit on Merits