Case: EEOC v. TEXAS COAST WAFFLES INC (d/b/a WAFFLE HOUSE #1381)

4:04-cv-03705 | U.S. District Court for the Southern District of Texas

Filed Date: Sept. 23, 2004

Closed Date: 2008

Clearinghouse coding complete

Case Summary

The Houston Office of the EEOC filed this action in the U.S. District Court for the Southern District of Texas. The Defendant was Texas Coast Waffles, a restaurant chain. The controversy involved alleged harassment, retaliation and termination of the complainant based on her sex in violation of Title VII of the Civil Rights Act of 1964. The lawsuit was filed in September 2004 and was resolved by consent decree in February 2006. The complainant, who did not intervene in the case, was awarded …

The Houston Office of the EEOC filed this action in the U.S. District Court for the Southern District of Texas. The Defendant was Texas Coast Waffles, a restaurant chain. The controversy involved alleged harassment, retaliation and termination of the complainant based on her sex in violation of Title VII of the Civil Rights Act of 1964. The lawsuit was filed in September 2004 and was resolved by consent decree in February 2006. The complainant, who did not intervene in the case, was awarded $10,000, a guarantee of no mention of the incident in her personnel file, and a guarantee of neutral reference. In addition, the company was required to provide training, to post a Notice, and to prohibit itself from hiring back the manager who allegedly harassed the complainant for the duration of the consent decree. The decree was to last for two years. The terms of the agreement were to run for 2 years. The docket sheet does not show any further enforcement took place; the case was presumably closed in 2008.

Summary Authors

Kevin Wilemon (8/15/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4396233/parties/equal-employment-v-texas-coast-waffles-inc/

Documents in the Clearinghouse

Document

Docket (PACER)

EEOC v. Texas Coast Waffles

Feb. 7, 2006 Docket
1

Original Complaint

EEOC v. Texas Coast Waffles

Sept. 23, 2004 Complaint
21-2

Consent Decree

EEOC v. Texas Coast Waffles

Feb. 7, 2006 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4396233/equal-employment-v-texas-coast-waffles-inc/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Texas Coast Waffles Inc (Filing fee $ 150) filed by Opportunity Commission Equal Employment.(hlerma, ) (Entered: 09/23/2004)

Sept. 23, 2004 RECAP
2

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons Initial Conference set for 1/21/2005 01:00 PM in Courtroom 9F before Judge Nancy F. Atlas. Parties notified.(hlerma, ) Additional attachment(s) added on 9/24/2004 (hlerma, ). (Entered: 09/24/2004)

Sept. 23, 2004 PACER

Summons Issued as to Texas Coast Waffles Inc, filed.(hlerma, )

Sept. 24, 2004 PACER
3

CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opportunity Commission, filed.(Boutchee, Kathy) (Entered: 10/12/2004)

Oct. 12, 2004 PACER
4

SUMMONS Returned Executed. Texas Coast Waffles Inc served on 10/11/2004, answer due 10/31/2004, filed.(sfedele, ) (Entered: 10/21/2004)

Oct. 15, 2004 PACER
5

ANSWER and Affirmative Defenses to Pltfs Complaint, by Texas Coast Waffles Inc, filed.(psmith, ) (Entered: 11/01/2004)

Nov. 1, 2004 PACER
6

CERTIFICATE OF INTERESTED PARTIES by Texas Coast Waffles Inc, filed.(psmith, ) (Entered: 11/01/2004)

Nov. 1, 2004 PACER
7

JOINT DISCOVERY/CASE MANAGEMENT PLAN by Equal Employment Opportunity Commission, filed.(Boutchee, Kathy) (Entered: 01/13/2005)

Jan. 13, 2005 PACER
8

SCHEDULING ORDER: ETT: 4 days. Jury Amended Pleadings due by 2/28/2005 Joinder of Parties due by 2/28/2005 Pltf Expert Report due by 5/31/2005 Deft Expert Report due by 6/30/2005 Discovery due by 7/29/2005 Dispositive Motion Filing due by 9/16/2005 Non-Dispositive Motion Filing due by 9/16/2005 Mediation due by 8/31/2005 Joint Pretrial Order due by 10/21/2005 Docket Call set for 10/28/2005 at 04:00 PM in Courtroom 9F before Judge Nancy F. Atlas.( Signed by Judge Nancy F. Atlas ) Parties notified.(bthomas, ) (Entered: 01/25/2005)

Jan. 21, 2005 PACER
9

MINUTE ENTRY ORDER: Pretrial Conference held. Appearances: Kathy Boutchee for Plaintiff, Teresa Geden for Defendant. ERO: E. Spencer..Docket control order to follow.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 01/25/2005)

Jan. 21, 2005 PACER
10

NOTICE of Change of Address by Ford & Harrison LLP, counsel for Texas Coast Waffles Inc, filed. (sfedele, ) (Entered: 01/25/2005)

Jan. 21, 2005 PACER
11

Unopposed MOTION for Extension of Time Docket Control Order Deadlines by Equal Employment Opportunity Commission, filed. Motion Docket Date 5/4/2005. (Attachments: # 1 Proposed Order)(Boutchee, Kathy) (Entered: 04/14/2005)

1 Proposed Order

View on PACER

April 14, 2005 PACER
12

ORDER GRANTED 11 Unopposed MOTION for Extension of Time Docket Control Order Deadlines Agreed Mediator due by 11/30/2005 Deft Expert Report due by 9/30/2005 Discovery due by 10/31/2005 Dispositive Motion Filing due by 12/16/2005 Joint Pretrial Order due by 3/17/2006 Mediation due by 11/30/2005 Pltf Expert Report due by 8/31/2005 Docket Call set for 3/24/2006 at 04:00 PM in Courtroom 9F before Judge Nancy F. Atlas.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 04/18/2005)

April 18, 2005 PACER
13

UNOPPOSED MOTION for Extension of Time for Docket Control Order Deadlines by Texas Coast Waffles Inc, filed. Motion Docket Date 11/10/2005. (Attachments: # 1 Proposed Order)(svaught, ) (Entered: 10/24/2005)

1 Proposed Order

View on PACER

Oct. 21, 2005 PACER
14

ORDER GRANTING 13 MOTION for Extension of Time for Docket Control Order Deadlines Agreed Mediator due by 1/13/2006 Discovery due by 12/15/2005 Dispositive Motion Filing due by 1/30/2006 Joint Pretrial Order due by 5/12/2006 Docket Call set for 5/19/2006 at 04:00 PM in Courtroom 9F before Judge Nancy F. Atlas.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 10/25/2005)

Oct. 25, 2005 PACER
15

MOTION to Compel Discovery Requests by Texas Coast Waffles Inc, filed. Motion Docket Date 12/7/2005. (Attachments: # 1 Appendix Defendant's Appendix of Evidence in Support of Motion to Compel)(Gegen, Theresa) (Entered: 11/17/2005)

1 Appendix Defendant's Appendix of Evidence in Support of Motion to Compel

View on PACER

Nov. 17, 2005 PACER
16

PROPOSED ORDER re: 15 MOTION to Compel Discovery Requests, filed.(Gegen, Theresa) (Entered: 11/17/2005)

Nov. 17, 2005 PACER
17

ORDER Setting Hearing on 15 MOTION to Compel for 12/7/2005 at 01:00 PM in Courtroom 9F before Judge Nancy F. Atlas.( Signed by Judge Nancy F. Atlas ) Parties notified.(TDR) (Entered: 11/17/2005)

Nov. 17, 2005 PACER
18

This entry has been re-filed with corrected images as 19 . Unopposed MOTION for Extension of Time Discovery Deadline by Equal Employment Opportunity Commission, filed. Motion Docket Date 12/19/2005. (Attachments: # 1 Proposed Order)(Boutchee, Kathy) Modified on 12/7/2005 (ltien, ). (Entered: 11/28/2005)

1 Proposed Order

View on PACER

Nov. 28, 2005 PACER
19

Unopposed MOTION for Extension of Time The Discovery Deadline by Equal Employment Opportunity Commission, filed. Motion Docket Date 12/19/2005. (Attachments: # 1 Proposed Order)(Boutchee, Kathy) (Entered: 11/28/2005)

1 Proposed Order

View on PACER

Nov. 28, 2005 PACER
20

ORDER Granting 18 Unopposed MOTION for Extension of Time Discovery Deadline, 19 Unopposed MOTION for Extension of Time The Discovery Deadline Discovery due by 1/16/2006.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 12/01/2005)

Nov. 30, 2005 PACER
21

AGREED MOTION for Entry of Consent Decree by all parties, filed. Motion Docket Date 2/27/2006. (Attachments: # 1 Proposed Order)(jmarchand, ) (Entered: 02/07/2006)

1 Proposed Order

View on RECAP

Feb. 6, 2006 PACER
22

ORDER granting 21 Motion for Entry of Consent Decree .( Signed by Judge Nancy F. Atlas ) Parties notified.(jmarchand, ) (Entered: 02/08/2006)

Feb. 7, 2006 PACER

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 23, 2004

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

Texas Coast Waffles, Inc. (Seabrook, TX), Private Entity/Person

Case Details

Causes of Action:

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

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: 10000

Order Duration: 2006 - 2008

Content of Injunction:

Discrimination Prohibition

Expungement of Employment Record

Neutral/Positive Reference

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits