Case: EEOC v. Ray Ramon (d/b/a Casa Del Sol)

2:01-cv-00024 | U.S. District Court for the Western District of Texas

Filed Date: April 25, 2001

Closed Date: Sept. 6, 2002

Clearinghouse coding complete

Case Summary

In April 2001, the San Antonio District Office of the EEOC brought this suit against Ray Ramon, Primary Home Health Care Services of South Texas, Inc., South Texas Nursing Care, Inc., and Texas Valley Health Services, Inc. (doing business as Cafe Del Sol) in the U.S. District Court for the Western District of Texas. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the consent decree that the complaint alleged the defendant…

In April 2001, the San Antonio District Office of the EEOC brought this suit against Ray Ramon, Primary Home Health Care Services of South Texas, Inc., South Texas Nursing Care, Inc., and Texas Valley Health Services, Inc. (doing business as Cafe Del Sol) in the U.S. District Court for the Western District of Texas. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the consent decree that the complaint alleged the defendant subjected one charging party, a female employee, to a sexually hostile work environment consisting of crude and offensive statements, requests for sexual favors, threats of bodily harm, and sexual assault, causing complainant to quit her employment with the defendant. The complainants intervened in the case in September 2001. Following a failed motion by the defendant to dismiss for lack of jurisdiction and discovery, the parties settled the lawsuit through a consent decree in August 2002.

The two-year decree, containing a non-discrimination clause, required the defendant to: update its anti-discrimination policies, including creation of reporting mechanisms, post its anti-discrimination policy, provide EEO training to all managers and supervisors for at least four hours, and pay $225,000 to one of the charging parties.

Summary Authors

David Friedman (10/3/2007)

People


Judge(s)

Green, Dennis G. (Texas)

Judge(s)

Green, Dennis G. (Texas)

Documents in the Clearinghouse

Document

2:01-cv-00024

Docket [PACER]

EEOC v. Ramon

Sept. 6, 2002

Sept. 6, 2002

Docket
42

2:01-cv-00024

Order [Regarding Defendant's Motion to Dismiss]

EEOC v. Ramon

Aug. 22, 2002

Aug. 22, 2002

Order/Opinion
45

2:01-cv-00024

Consent Decree

EEOC v. Ramon

Sept. 6, 2002

Sept. 6, 2002

Settlement Agreement

EEOC's FY 2002 Office of General Counsel Annual Report (Excerpt)

EEOC v. Ramon

No Court

Dec. 31, 2002

Dec. 31, 2002

Other

Resources

Docket

Last updated July 19, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link

Case assigned to Honorable Fred Biery (bc) (Entered: 04/30/2001)

April 25, 2001

April 25, 2001

Case referred to Honorable Dennis G. Green (bc) (Entered: 04/30/2001)

April 25, 2001

April 25, 2001

1

Complaint filed. Filing Fee: $ 0.00 Receipt # (Pages: 5) (bc) (Entered: 04/30/2001)

April 25, 2001

April 25, 2001

2

Waiver of Service by Ray Ramon ; Notice and Request Mailed on 6/22/01 ; Answer due on 8/21/01 for Ray Ramon (bc) (Entered: 07/02/2001)

June 28, 2001

June 28, 2001

3

Answer by Ray Ramon, d/b/a Casa Del Sol (bc) Modified on 07/11/2002 (Entered: 07/31/2001)

July 30, 2001

July 30, 2001

4

Order for scheduling recommendations (bc) (Entered: 08/14/2001)

Aug. 10, 2001

Aug. 10, 2001

5

Plea in Intervention of Intervenors, Christina Reyes and John Reyes (bc) (Entered: 09/17/2001)

Sept. 13, 2001

Sept. 13, 2001

Order Striking Pleading was submitted to US Magistrate Judge Dennis G. Green on Plea in Intervention of Intervenors, Christina Reyes and John Reyes due to Motion For leave to File was not submitted along with the plea. (bc) (Entered: 09/17/2001)

Sept. 13, 2001

Sept. 13, 2001

6

Joint Discovery/Case Management Plan (bc) (Entered: 09/17/2001)

Sept. 14, 2001

Sept. 14, 2001

Summons In A Civil Case submitted by Christina Reyes and John Reyes were not issued due to awaiting response on Order to Stike doc. #5 (bc) (Entered: 09/17/2001)

Sept. 17, 2001

Sept. 17, 2001

8

Joint Submission of Proposed Scheduling order by EEOC, Ray Ramon, d/b/a Casa Del Sol (bc) (Entered: 09/25/2001)

Sept. 24, 2001

Sept. 24, 2001

9

Intervenors' Motion for leave to file plea in intervention (bc) (Entered: 09/27/2001)

Sept. 26, 2001

Sept. 26, 2001

10

Order granting motion for leave to file plea in intervention [9-1] No response or opposition having been filed, it is THEREFORE ORDERED that Christina Reyes and John Reyes are hereby granted permission and leave to file and proceed with their original complaint in intervention in the above styled and numbered lawsuit (bc) (Entered: 10/24/2001)

Oct. 22, 2001

Oct. 22, 2001

11

Intervenor's complaint by Christinia Reyes, John Reyes against Ray Ramon, d/b/a Casa Del Sol (Pages: 8) (bc) (Entered: 10/24/2001)

Oct. 22, 2001

Oct. 22, 2001

Summons issued for Ray Ramon, d/b/a Casa Del Sol (bc) (Entered: 10/24/2001)

Oct. 24, 2001

Oct. 24, 2001

12

Motion by Ray Ramon, d/b/a Casa Del Sol for leave to amend answer - First pursuant to rule 15 - federal rules of civil procedure (bc) (Entered: 11/27/2001)

Nov. 27, 2001

Nov. 27, 2001

13

Motion by Ray Ramon to dismiss for lack of subject matter jurisdiction (bc) (Entered: 11/27/2001)

Nov. 27, 2001

Nov. 27, 2001

14

Motion by EEOC for substitution , and for (Javier Maldonado ) to withdraw as attorney (bc) (Entered: 12/04/2001)

Dec. 3, 2001

Dec. 3, 2001

15

Order granting motion for substitution [14-1] ; attorney Javier N. Maldonado for EEOC terminated; Edward Juarez added, granting motion for (Javier Maldonado ) to withdraw as attorney [14-2] (bc) (Entered: 12/06/2001)

Dec. 5, 2001

Dec. 5, 2001

16

Joint motion by EEOC, Ray Ramon, d/b/a Casa Del Sol for extension of time for plaintiff to file its responses to defendants' motion for leave to amend answer and defendants' motion to dismiss for lack of subject matter jurisdiction (bc) (Entered: 12/10/2001)

Dec. 10, 2001

Dec. 10, 2001

17

Joint Unopposed motion by EEOC, Ray Ramon, d/b/a Casa Del Sol, Christinia Reyes, John Reyes, Ray Ramon, d/b/a Casa Del Sol for leave to file amended scheduling recommendations (bc) (Entered: 12/19/2001)

Dec. 19, 2001

Dec. 19, 2001

The "Recommended Scheduling Order" is included as exhibit A to document #17. It will not be filed until order on motion for leave to file (doc. 17) is signed. (bc) (Entered: 12/19/2001)

Dec. 19, 2001

Dec. 19, 2001

Summons issued for Ray Ramon, d/b/a Casa Del Sol (bc) (Entered: 12/27/2001)

Dec. 21, 2001

Dec. 21, 2001

18

Motion by Christinia Reyes, John Reyes for leave to file first amended plea in intervention (bc) (Entered: 12/27/2001)

Dec. 21, 2001

Dec. 21, 2001

19

Response by EEOC to Defendant Ray Ramon's motion to dismiss for lack of subject matter jurisdiction [13-1] (bc) (Entered: 01/22/2002)

Jan. 16, 2002

Jan. 16, 2002

20

Unopposed Motion by EEOC for leave to file first amended complaint (bc) (Entered: 01/22/2002)

Jan. 16, 2002

Jan. 16, 2002

22

First Amended intervenor's complaint by Christinia Reyes, John Reyes : amending intervenor complaint [11-1] (Pages: 8) (bc) (Entered: 01/22/2002)

Jan. 18, 2002

Jan. 18, 2002

23

Scheduling order setting Deadline for filing of all motions 8/9/02 Discovery cutoff 7/5/02 ; Alternate Dispute Resolution Report due by 2/28/02; the parties asserting claims for relief shall submit a written offer of settlement to opposing parties by 02/28/02, and each opposing party shall respond, in writing, by 03/08/02; the parties shall file all motions to amend or supplement pleadings or to join additinal parties by 03/29/02; all parties asserting claims for relief shall file their designation of potential witnesses, testifying experts, and proposed exhibits, and shall serve on all parties, but not file the materials required by 03/08/02. Parties resisting claims for elief shall file their designation of potential witnesses, testifying experts, and proposed exhibits, and shall serve on all parties, but not file the materials required by 04/26/02 (bc) (Entered: 01/22/2002)

Jan. 18, 2002

Jan. 18, 2002

23

Order granting joint motion for leave to file amended scheduling recommendations [17-1] (bc) (Entered: 01/22/2002)

Jan. 18, 2002

Jan. 18, 2002

24

Recommendations for scheduling order by EEOC, Ray Ramon, d/b/a Casa Del Sol, Christinia Reyes, John Reyes, Ray Ramon, d/b/a Casa Del Sol (bc) (Entered: 01/22/2002)

Jan. 18, 2002

Jan. 18, 2002

25

Unopposed Motion by Christinia Reyes, John Reyes for leave to file Second Amended Plea in Intervention (bc) (Entered: 01/22/2002)

Jan. 22, 2002

Jan. 22, 2002

26

Response by Intervenors Christinia Reyes, John Reyes to defendant Ray Ramon's motion to dismiss for lack of subject matter jurisdiction [13-1] (bc) (Entered: 01/22/2002)

Jan. 22, 2002

Jan. 22, 2002

27

Order granting motion for leave to file first amended plea in intervention [18-1], granting motion for leave to file Second Amended Plea in Intervention [25-1] (bc) (Entered: 01/24/2002)

Jan. 23, 2002

Jan. 23, 2002

28

Second Amended Plea In Intervention of Intervenors, Christinia Reyes, John Reyes : amending intervenor complaint [22-1], intervenor complaint [11-1] (Pages: 11) (bc) (Entered: 01/24/2002)

Jan. 23, 2002

Jan. 23, 2002

29

Return of service executed as to Ray Ramon, d/b/a Casa Del Sol on 1/15/02 (bc) (Entered: 02/04/2002)

Feb. 4, 2002

Feb. 4, 2002

30

Joint Alternate Dispute Resolution Report filed by EEOC, Ray Ramon, d/b/a Casa Del Sol, Party(s) do not agree to Alternate Dispute Resolution (bc) (Entered: 03/01/2002)

Feb. 28, 2002

Feb. 28, 2002

31

Designation of Potential Witnesses by EEOC (bc) (Entered: 03/05/2002)

March 4, 2002

March 4, 2002

31

Designation of Potential Testifying experts filed by EEOC (bc) (Entered: 03/05/2002)

March 4, 2002

March 4, 2002

31

Proposed Trial Exhibits list by EEOC (bc) (Entered: 03/05/2002)

March 4, 2002

March 4, 2002

32

Designation of Potential Witnesses List by Intervenors Christinia Reyes, John Reyes (bc) (Entered: 03/08/2002)

March 8, 2002

March 8, 2002

32

Proposed Exhibits list by Intervenors Christinia Reyes, John Reyes (bc) (Entered: 03/08/2002)

March 8, 2002

March 8, 2002

33

Answer by Ray Ramon, Texas Valley Health Services Inc., Primary Home Health Care Services of South Texas Inc., and South Texas Nursing Care Inc.'s to Plaintiff EEOC's First amended complaint (bc) Modified on 07/11/2002 (Entered: 03/20/2002)

March 20, 2002

March 20, 2002

34

Answer by Ray Ramon to intervenor first amended complaint [22-1] (bc) (Entered: 03/20/2002)

March 20, 2002

March 20, 2002

35

Answer by Ray Ramon, Texas Valley Health Services Inc., Primary Home Health Care Services of South Texas Inc., and South Texas Nursing Care Inc.'s, to intervenor Second Ampended Plea In Intervention [28-1] (bc) Modified on 07/11/2002 (Entered: 03/20/2002)

March 20, 2002

March 20, 2002

36

Order on the status of this case. (bc) (Entered: 04/11/2002)

April 9, 2002

April 9, 2002

37

Non-consent to proceed before a U.S. Magistrate by EEOC (bc) (Entered: 04/16/2002)

April 15, 2002

April 15, 2002

38

Defendants' Appearance to the court filed by Ray Ramon, d/b/a Casa Del Sol, Texas Valley Health Services Inc., Primary Home Health Care Services of South Texas Inc., and South Texas Nursing Care Inc. regarding 1) Settlement, and 2) designation of witnesses and exhibits (bc) Modified on 07/11/2002 (Entered: 04/29/2002)

April 26, 2002

April 26, 2002

39

Order granting motion for leave to amend answer - First pursuant to rule 15 - federal rules of civil procedure [12-1], denying joint motion for extension of time for plaintiff to file its responses to defendants' motion for leave to amend answer and defendants' motion to dismiss for lack of subject matter jurisdiction [16-1], granting motion for leave to file first amended complaint [20-1] (bc) (Entered: 07/11/2002)

July 10, 2002

July 10, 2002

40

First Amended answer by Ray Ramon, d/b/a Casa Del Sol and Primary Home Health Care Services of South Texas Inc. : answer [3-1] (bc) Modified on 07/11/2002 (Entered: 07/11/2002)

July 10, 2002

July 10, 2002

41

First Amended complaint by EEOC , amending complaint [1-1] (Pages: 5) (bc) (Entered: 07/11/2002)

July 10, 2002

July 10, 2002

41

Demand for jury trial by EEOC (bc) (Entered: 07/11/2002)

July 10, 2002

July 10, 2002

42

Order denying motion to dismiss for lack of subject matter jurisdiction [13-1] (bc) (Entered: 08/26/2002)

Aug. 22, 2002

Aug. 22, 2002

43

Joint motion by EEOC, Ray Ramon, Christinia Reyes, John Reyes, Ray Ramon, TVHS, PHHCS, ST Nursing Care, Inc to enter consent decree (bc) (Entered: 08/27/2002)

Aug. 26, 2002

Aug. 26, 2002

44

Order granting joint motion to enter consent decree [43-1] (bc) (Entered: 09/03/2002)

Aug. 30, 2002

Aug. 30, 2002

CASE NO LONGER REFERRED TO Honorable Dennis G. Green (bc) (Entered: 09/18/2002)

Sept. 6, 2002

Sept. 6, 2002

Case closed (bc) (Entered: 09/18/2002)

Sept. 6, 2002

Sept. 6, 2002

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: April 25, 2001

Closing Date: Sept. 6, 2002

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

Texas Valley Health Services, Inc., Private Entity/Person

South Texas Nursing Care, Inc., Private Entity/Person

Primary Home Health Care Services of South Texas, Inc., Private Entity/Person

Texas Valley Health Services, Inc., Private Entity/Person

Ray Ramon, 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: 225000

Order Duration: 2002 - 2004

Content of Injunction:

Implement complaint/dispute resolution process

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Disparate Treatment

Pattern or Practice

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit