Case: EEOC v. COMET RICE INGREDIENTS CO

3:97-cv-00557 | U.S. District Court for the Southern District of Texas

Filed Date: Sept. 25, 1997

Closed Date: May 18, 2000

Clearinghouse coding complete

Case Summary

The Houston office of the EEOC brought this action in the U. S. District Court for the Southern District of Texas, against Comet Rice Ingredients, Inc. d/b/a Comet Ventures, Inc or American Rice, Inc. The complaint, filed in September 1997, alleged disability discrimination in violation of the Americans with Disabilities Act of 1990; specifically that Defendant revoked job offers to a class of qualified job applicants based on back x-rays showing that each job applicant had a "Class V" back. Th…

The Houston office of the EEOC brought this action in the U. S. District Court for the Southern District of Texas, against Comet Rice Ingredients, Inc. d/b/a Comet Ventures, Inc or American Rice, Inc. The complaint, filed in September 1997, alleged disability discrimination in violation of the Americans with Disabilities Act of 1990; specifically that Defendant revoked job offers to a class of qualified job applicants based on back x-rays showing that each job applicant had a "Class V" back. The case was referred to mediation in February 1998 and the parties settled in April 1998.

A consent decree was entered in May 1998. The decree, valid for 2 years, required Defendant to pay the four charging parties a total of $38,000 (to be divided $12,000, $10,000, $8,000 $8,000). Defendant was also required to alter its hiring practices to insure that qualified applicants with "Class V" backs were provided with equal employment opportunities, offer fulltime employment to the charging parties, with four years service credit, and provide the EEOC with semiannual reports on the company's job offers, hiring and non-hiring of applicants with "Class V" backs.

Summary Authors

Shankar Viswanathan (6/29/2007)

Documents in the Clearinghouse

Document

3:97-cv-00557

Docket (PACER)

Equal Employment, et al v. Comet Rice, et al

May 18, 1998

May 18, 1998

Docket
9

3:97-cv-00557

Partial Final Judgment [Regarding Defendants' Counterclaims]

EEOC v. Comet Rice et al

Jan. 29, 1998

Jan. 29, 1998

Order/Opinion
19

3:97-cv-00557

Consent Decree

EEOC v. Comet Rice et al

May 18, 1998

May 18, 1998

Settlement Agreement

Resources

Docket

Last updated Aug. 8, 2022, 3:23 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; (gclark) (Entered: 09/30/1997)

Sept. 25, 1997

Sept. 25, 1997

2

ORDER set scheduling conference for 11:00 2/4/98 before Judge Samuel B. Kent , entered; Parties notified. () (gclark) (Entered: 09/30/1997)

Sept. 25, 1997

Sept. 25, 1997

SUMMONS issued for Comet Rice (gclark) (Entered: 09/30/1997)

Sept. 25, 1997

Sept. 25, 1997

SUMMONS issued for American Rice, Inc. (gclark) (Entered: 09/30/1997)

Sept. 25, 1997

Sept. 25, 1997

3

Original ANSWER to Complaint by Comet Rice, American Rice, Inc. (Added attorney Martha Waters Wise), filed. (gclark) (Entered: 10/21/1997)

Oct. 20, 1997

Oct. 20, 1997

4

ANSWER to Complaint by American Rice, Inc. , filed. (mbergara) (Entered: 10/21/1997)

Oct. 20, 1997

Oct. 20, 1997

5

MOTION to dismiss Counterclaioms of Comet Rice and American Rice For Lack of Jurisdiction by Equal Employment Guy D Kidd for plaintiff Equal Employment, Motion Docket Date 11/23/97 [5-1] motion , filed. (gclark) (Entered: 11/04/1997)

Nov. 3, 1997

Nov. 3, 1997

6

Report of Meeting and Joint Discovery/Case Management Plan by Equal Employment, Comet Rice, American Rice, Inc. , filed. (mbergara) (Entered: 01/23/1998)

Jan. 23, 1998

Jan. 23, 1998

7

ORDER giving counsel notice of causeway construction, entered; Parties notified. ( signed by Judge Samuel B. Kent ) (mgore) (Entered: 01/28/1998)

Jan. 28, 1998

Jan. 28, 1998

8

ORDER granting [5-1] motion to dismiss Counterclaioms of Comet Rice and American Rice For Lack of Jurisdiction , entered; Parties notified. ( signed by Judge Samuel B. Kent ) (mgore) (Entered: 01/29/1998)

Jan. 29, 1998

Jan. 29, 1998

9

PARTIAL FINAL JUDGMENT , entered. Parties ntfd. ( signed by Judge Samuel B. Kent ) (mgore) (Entered: 01/29/1998)

Jan. 29, 1998

Jan. 29, 1998

12

ORDER granting [10-1] motion for John E. Richards to appear pro hac vice , entered; Parties notified. ( signed by Judge Samuel B. Kent ) (mbergara) (Entered: 02/05/1998)

Feb. 4, 1998

Feb. 4, 1998

13

Scheduling conference held before Judge Samuel B. Kent Ct Reporter: K. Metzger Appearances: Guy Kidd, John Richards, Robert Clay. ETT: 5 days Case ordered to mediation with David Jameson. (mgore) (Entered: 02/06/1998)

Feb. 4, 1998

Feb. 4, 1998

11

ORDER referring case to Mediation, entered. Parties ntfd. David Jameson is added as mediator ( signed by Judge Samuel B. Kent ) (mbergara) (Entered: 02/05/1998)

Feb. 5, 1998

Feb. 5, 1998

14

MOTION for Robert L. Clayton to appear pro hac vice by Comet Rice, American Rice, Inc., Motion Docket Date 3/9/98 [14-1] motion , filed. (mgore) (Entered: 02/17/1998)

Feb. 17, 1998

Feb. 17, 1998

15

ORDER granting [14-1] motion for Robert L. Clayton to appear pro hac vice , entered; Parties notified. ( signed by Judge Samuel B. Kent ) (gclark) (Entered: 02/18/1998)

Feb. 18, 1998

Feb. 18, 1998

16

DOCKET CONTROL ORDER set scheduling order deadlines: pltf's Expert witness list submitted by 7/10/98 ; deft's expert witness list due 8/14/98; Discovery cutoff 1/22/99 ; Deadline for filing all dispositive motions 8/21/98 w/ responses due by 9/4/98 ; Pretrial order to be submitted on or before 1/29/99 ; , set pretrial conference for 10:00 2/2/99 before Magistrate Judge John R. Froeschner , a set jury trial for 8:30 2/8/98 before Judge Samuel B. Kent , entered; Parties notified. ( signed by Magistrate Judge John R. Froeschner ) (mgore) (Entered: 02/24/1998)

Feb. 24, 1998

Feb. 24, 1998

17

Alternate Dispute Resolution Provider MEMORANDUM by mediator David Jameson to Clerk of Court advising case referred to ADR did settle after mediation , filed. (mkalmbach) (Entered: 04/10/1998)

April 8, 1998

April 8, 1998

Alternative Dispute Resolution Questionaire mailed to all parties of record. (mkalmbach) (Entered: 04/10/1998)

April 10, 1998

April 10, 1998

18

60 DAY ORDERS case administratively closed pending settlement , entered; Parties notified. ( signed by Judge Samuel B. Kent ) (ltrevino) (Entered: 04/24/1998)

April 24, 1998

April 24, 1998

Case closed (ltrevino) (Entered: 04/24/1998)

April 24, 1998

April 24, 1998

Received Consent Decree, original forwarded to cs mngr. (mbergara) (Entered: 05/18/1998)

May 15, 1998

May 15, 1998

19

CONSENT DECREE ORDER , entered; Parties notified. ( signed by Judge Samuel B. Kent ) (mbergara) (Entered: 05/18/1998)

May 18, 1998

May 18, 1998

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 25, 1997

Closing Date: May 18, 2000

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

American Rice, Inc., Private Entity/Person

Comet Rice Ingredients Company, 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: 38000

Order Duration: 1998 - 2000

Content of Injunction:

Hire

Reporting

Retroactive Seniority

Post/Distribute Notice of Rights / EE Law

Issues

General:

Disparate Treatment

Discrimination-area:

Hiring

Medical Exam / Inquiry

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits