Case: EEOC v. DUNBAR DIAGNOSTIC SERVICES INC

4:02-cv-00555 | U.S. District Court for the Southern District of Texas

Filed Date: Feb. 13, 2002

Closed Date: Oct. 5, 2005

Clearinghouse coding complete

Case Summary

In February 2002, the Houston office of the EEOC brought this Title VII suit against Dunbar Diagnostic Services, Inc. et al. in the U.S. District Court for the Southern District of Texas. The complaint alleged that the defendant discriminated and retaliated against an employee. The defendant filed a motion for summary and judgment and the plaintiff filed a partial motion for summary judgment in August and September of 2002. The court granted in part and denied in part both the plaintiff and …

In February 2002, the Houston office of the EEOC brought this Title VII suit against Dunbar Diagnostic Services, Inc. et al. in the U.S. District Court for the Southern District of Texas. The complaint alleged that the defendant discriminated and retaliated against an employee. The defendant filed a motion for summary and judgment and the plaintiff filed a partial motion for summary judgment in August and September of 2002. The court granted in part and denied in part both the plaintiff and defendant's motions. After a four day jury trial, the court entered judgment as a matter of law for the defendant in January 2001. The EEOC filed a notice of appeal in March 2003.

In April 2005, the Fifth Circuit affirmed in part and reversed in part the decision of the District Court and remanded the case. More specifically, the Court of Appeals held that the issues of whether the defendant discriminated against the employee by denying health insurance benefits and whether the employee was terminated in retaliation for filing a discrimination charge were for the jury. See E.E.O.C. v. Dunbar Diagnostic Services, Inc., 92 Fed. App'x 83 (5th Cir. 2004). On remand, the court denied the EEOC's motion for partial summary judgment and granted in part and denied in part the defendant's motion for summary judgment. The jury reached judgment in favor of the defendant, and the court entered the judgment in August 2005.

Summary Authors

Kevin Wilemon (6/27/2007)

People


Judge(s)

DeMoss, Harold R. Jr. (Texas)

Higginbotham, Patrick Errol (Texas)

Jolly, E. Grady (Mississippi)

Judge(s)

DeMoss, Harold R. Jr. (Texas)

Higginbotham, Patrick Errol (Texas)

Jolly, E. Grady (Mississippi)

Documents in the Clearinghouse

Document

03-20500

Docket [Court of Appeals, 5th Circuit - DN 03-20500]

EEOC v. Dunbar Diagnostic, et al

U. S. Court of Appeals for the Fifth Circuit

May 24, 2004

May 24, 2004

Docket

03-20292

Docket [Court of Appeals, 5th Circuit - DN 03-20292]

EEOC v. Dunbar Diagnostic, et al.

U. S. Court of Appeals for the Fifth Circuit

May 24, 2004

May 24, 2004

Docket

4:02-cv-00555

Docket

EEOC v. Dunbar Diagnostic et al

Oct. 5, 2005

Oct. 5, 2005

Docket
35

4:02-cv-00555

Order [Regarding Motions for Summary Judgment]

EEOC v. Dunbar Diagnostics, et al.

Oct. 16, 2002

Oct. 16, 2002

Order/Opinion
77

4:02-cv-00555

Final Judgment

EEOC v. Dunbar Diagnostic Services, Inc.

Jan. 10, 2003

Jan. 10, 2003

Order/Opinion

03-20292

Opinion [Court of Appeals]

EEOC v. Dunbar Diagnostic Services Inc

U. S. Court of Appeals for the Fifth Circuit

92 Fed.Appx. 83

Feb. 19, 2004

Feb. 19, 2004

Order/Opinion

03-20292

Judgment [Court of Appeals]

EEOC v. Dunbar Diagnostic Services, Inc.

U. S. Court of Appeals for the Fifth Circuit

April 15, 2004

April 15, 2004

Order/Opinion
153

4:02-cv-00555

Memorandum and Order [Regarding Motions for Summary Judgment]

EEOC v. Dunbar Diagnostic Services, Inc.

Feb. 28, 2005

Feb. 28, 2005

Order/Opinion
200

4:02-cv-00555

Final Judgment

EEOC v. Dunbar Diagnostic Services, Inc.

Aug. 8, 2005

Aug. 8, 2005

Order/Opinion
214

4:02-cv-00555

Amended Final Judgment

EEOC v. Dunbar Diagnostic Services, Inc.

Oct. 5, 2005

Oct. 5, 2005

Order/Opinion

Resources

Docket

Last updated July 23, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT by Equal Employment Opp filed; (bchurchill) (Entered: 02/13/2002)

Feb. 13, 2002

Feb. 13, 2002

2

ORDER for Conf set initial pretrial conference for 10:30 6/17/02 before Judge Lynn N. Hughes , entered; Parties notified. (bchurchill) (Entered: 02/13/2002)

Feb. 13, 2002

Feb. 13, 2002

2 SUMMONS issued for Dunbar Diagnostic, Village Ultrasound (bchurchill) (Entered: 02/13/2002)

Feb. 13, 2002

Feb. 13, 2002

3

CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opp , filed. (kprice) (Entered: 02/22/2002)

Feb. 22, 2002

Feb. 22, 2002

4

DISCLOSURE OF FINANCIALLY INTERESTED PARTIES by Dunbar Diagnostic, Village Ultrasound , filed. (kprice) (Entered: 02/25/2002)

Feb. 25, 2002

Feb. 25, 2002

5

ORIGINAL ANSWER to Original Complaint by Dunbar Diagnostic, Village Ultrasound (Added attorney Stewart Edmond Hoffer), filed.; jury demand (kprice) (Entered: 02/25/2002)

Feb. 25, 2002

Feb. 25, 2002

6

ORDER RESETTING CONFERENCE: The Pretrial Conference set 6/17/02 has been reset to 3/25/02 at 4:30 pm before Judge Hughes, entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 02/27/2002)

Feb. 26, 2002

Feb. 26, 2002

7

JOINT DISCOVERY/Case Management Plan by Equal Employment Opp, Dunbar Diagnostic, Village Ultrasound , filed. (psmith) (Entered: 03/18/2002)

March 18, 2002

March 18, 2002

Conference scheduled for 3/25/02 at 4:30 has been moved to 2:00 p.m. Parties notified by phone. (dkelly) (Entered: 03/21/2002)

March 21, 2002

March 21, 2002

8

CONFERENCE MEMORANDUM: Pretrial Conference held in chambers. Apps: R Sustaita f/pltf, S Hoffer f/deft. Order to be entered terminated deadlines , entered. Parties ntfd. ( signed by Judge Lynn N. Hughes ) (amaly) (Entered: 03/26/2002)

March 25, 2002

March 25, 2002

9

ORDER entered: Defts have until March 29, 2002 to give the government information re employees. The parties have until April 12, 2002 to depose Linda Dunbar. The parties have until April 19, 2002 to depose Leticia Munoz. The parties have until April 26, 2002 to depose the three employees. A pretrial conference is set for 3:30 4/29/02 , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (psmith) (Entered: 03/28/2002)

March 26, 2002

March 26, 2002

10

FIRST AMENDED ANSWER to pltf's Original Complaint by Dunbar Diagnostic, Village Ultrasound : amends [5-1] answer , filed.; jury demand (kprice) (Entered: 04/14/2002)

April 12, 2002

April 12, 2002

11

OPPOSED MOTION for leave of Court to exceed ten deposition limit in FRCP(a)(2)(A) by Dunbar Diagnostic, Village Ultrasound, Motion Docket Date 5/19/02 [11-1] motion , filed. (sguevara) (Entered: 04/30/2002)

April 29, 2002

April 29, 2002

12

CONFERENCE MEMORANDUM following pretrial conference held in chambers. Apps: T Bowne f/pltf; S Hoffer f/defts. Order to be entered. Pretrial conference set for 4:00 7/1/02 , entered. Parties ntfd. ( signed by Judge Lynn N. Hughes ) (ltien) (Entered: 04/30/2002)

April 29, 2002

April 29, 2002

13

ORDER , entered. The parties agree that Dunbar Diagnostic Services Inc is an employer and meets the statutory requirements. Dunbar has through 5/14/02 to tell the government when comparable co-workers received benefits. The government has through 5/14/02 to give Dunbar everything Leticia Munoz has about this case. The parties will file a copy of the organizational chart with the court. Parties will finish deposing Munoz and Linda Lee Dunbar. They will then have through 7/1/02 to depose Alica Jackson, Melissa Barrera, Michelle Barreto and Jennifer Sierra, Kim Wilson, and the doctor or someone from his office. The parties will talk to the principals about the importance of full disclosure and accuracy. Dunbar's requests for production are quashed. Parties notified. ( signed by Judge Lynn N. Hughes ) (ltien) (Entered: 04/30/2002)

April 29, 2002

April 29, 2002

14

ORDER , entered; on the agreement of the parties, Village Ultrasound Clinic Inc is dismissed as a deft. Parties notified. ( signed by Judge Lynn N. Hughes ) (ltien) (Entered: 04/30/2002)

April 29, 2002

April 29, 2002

15

NOTICE of Filing attached organizational charts by Equal Employment Opp , filed (sfedele) Modified on 05/03/2002 (Entered: 05/02/2002)

May 1, 2002

May 1, 2002

16

NOTICE of filing of organizational charts by Dunbar Diagnostic , filed (sfedele) (Entered: 05/06/2002)

May 2, 2002

May 2, 2002

17

JOINT MOTION for continuance of Pre-Trial Conference until early July or early August by Equal Employment Opp, Dunbar Diagnostic, Motion Docket Date 6/18/02 [17-1] motion , filed. (sfedele) (Entered: 05/31/2002)

May 29, 2002

May 29, 2002

18

ORDER that the [17-1] joint motion for continuance of Pre-Trial Conference is DENIED; the parties will take the depositions or lose the opportunity, entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 06/06/2002)

June 5, 2002

June 5, 2002

19

OPPOSED MOTION for leave to file Second Amended Answer by Dunbar Diagnostic, Motion Docket Date 7/16/02 [19-1] motion , filed. (sfedele) (Entered: 06/27/2002)

June 26, 2002

June 26, 2002

20

SECOND AMENDED ANSWER to Complaint by Dunbar Diagnostic : amends Deft's original [5-1] answer , filed.; jury demand (sfedele) (Entered: 06/27/2002)

June 26, 2002

June 26, 2002

21

CONFERENCE MEMORANDUM following pretrial conference held in chambers; terminated deadlines . Apps: T Bowne, C Martinez f/pltf; S Hoffer f/deft. EEOC to make another settlement offer. Dunbar to depose Munoz's treating physician by 7/15/02, including interviewing the medical technician or doctor about policies and practices for recording medical procedures in hospital record. Dunbar to move for summary judgment by 8/23/02 . EEOC to respond and make a cross motion for summary judgment by 9/6/02 . Dunbar to respond by 9/20/02 . Hearing set for 10:00 9/27/02 , entered. Parties ntfd. ( signed by Judge Lynn N. Hughes ) (ltien) (Entered: 07/02/2002)

July 1, 2002

July 1, 2002

22

RESPONSE by Equal Employment Opp to Deft's [19-1] opposed motion for leave to file Second Amended Answer , filed. (sfedele) (Entered: 07/15/2002)

July 15, 2002

July 15, 2002

24

MOTION with Memorandum Of Authorities in support for summary judgment , by Dunbar Diagnostic, Motion Docket Date 9/12/02 [24-1] motion , filed (psmith) (Entered: 08/27/2002)

Aug. 23, 2002

Aug. 23, 2002

25

APPENDIX Of Evidence by Dunbar Diagnostic In Support Of The [24-1] motion for summary judgment , filed. (in brown expandex folder) (psmith) (Entered: 08/27/2002)

Aug. 23, 2002

Aug. 23, 2002

23

ORDER RESETTING HEARING: The hearing previously set for 9/27/02 is reset for 10:00 10/4/02 , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (psmith) (Entered: 08/26/2002)

Aug. 26, 2002

Aug. 26, 2002

26

UNOPPOSED MOTION to continue of hearing of October 4, 2002 by Dunbar Diagnostic, Motion Docket Date 9/18/02 [26-1] motion , filed. (sfedele) (Entered: 08/29/2002)

Aug. 29, 2002

Aug. 29, 2002

27

MOTION for partial summary judgment by Equal Employment Opp, Motion Docket Date 9/26/02 [27-1] motion , filed. (hlerma) (Entered: 09/06/2002)

Sept. 6, 2002

Sept. 6, 2002

28

SUMMARY JUDGMENT MATERIALS IN SUPPORT OF [27-1] motion for partial summary judgment by Equal Employment Opp , filed. (This document is in brown expandable folder.) (hlerma) (Entered: 09/06/2002)

Sept. 6, 2002

Sept. 6, 2002

29

RESPONSE by Equal Employment Opp to [24-1] motion for summary judgment , filed. (hlerma) (Entered: 09/06/2002)

Sept. 6, 2002

Sept. 6, 2002

30

OBJECTION to EEOC's [27-1] motion for partial summary judgment by Dunbar Diagnostic , filed. (Part 1 of 2) (sfedele) (Entered: 09/23/2002)

Sept. 20, 2002

Sept. 20, 2002

30

MOTION to strike portions of EEOC's [27-1] motion for partial summary judgment by Dunbar Diagnostic, Motion Docket Date [30-1] motion , filed.(part 2 of 2) (sfedele) (Entered: 09/23/2002)

Sept. 20, 2002

Sept. 20, 2002

31

DEFT'S RESPONSE by Dunbar Diagnostic to the EEOC's [27-1] motion for partial summary judgment and memorandum of authorities in support, filed. (ddarneille) (Entered: 09/23/2002)

Sept. 20, 2002

Sept. 20, 2002

32

ORDER resetting hearing granting Deft Dunbar's[26-1] motion to continue of hearing of October 4, 2002 miscellaneous hearing 3:00 10/15/02 before Judge Lynn N. Hughes , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (sfedele) (Entered: 10/02/2002)

Oct. 2, 2002

Oct. 2, 2002

33

RESPONSE by Equal Employment Opp to Deft's [30-1] motion to strike portions of EEOC's [27-1] motion for partial summary judgment , filed. (sfedele) (Entered: 10/03/2002)

Oct. 3, 2002

Oct. 3, 2002

36

Minute entry: Hearing held. Apps: T Bowne for pltf ; S Hoffer, J Meloy for defts. Argument heard on these topics: Dunbar's summary judgment motion. EEOC's partial summary judgment motion ; terminated deadlines ; Ct Reporter: G Dye. Order to be enetered. (kprice) (Entered: 10/18/2002)

Oct. 15, 2002

Oct. 15, 2002

35

ORDER granting in part, denying in part Dunbar's [24-1] motion for summary judgment granting in part, denying in part Commission's [27-1] motion for partial summary judgment notice of compliance due for 10/18/02 , entered; There is genuine issue of material fact whether Dunbar discriminated against Leticia Gonzalez because she was pregnant. Evidence whether Linda Dunbar was harsh or advised against pregnancy are inadmissible as irrelevant. Evidence about passing a test during the first 90 days of employment to receive benefits is inadmissible as irrelevant. By October 18, 2002, EEOC will make a specific demand on Dunbar and include a reasoning for the amount sought. Parties notified. ( signed by Judge Lynn N. Hughes ) (sfedele) (Entered: 10/17/2002)

Oct. 16, 2002

Oct. 16, 2002

37

ORDER reset pretrial conference for 4:30 11/5/02 before Judge Lynn N. Hughes , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 10/28/2002)

Oct. 24, 2002

Oct. 24, 2002

38

CONFERENCE MEMORANDUM held in chambers; J Browne f/pltf; R Sustaita f/pltf; S Hoffer f/deft; order to be entered trial deadline 9:00 12/3/02 before Judge Lynn N. Hughes , pretrial order due for 11/26/02 entered. Parties ntfd. ( signed by Judge Lynn N. Hughes ) (sfedele) (Entered: 11/06/2002)

Nov. 5, 2002

Nov. 5, 2002

39

ORDER parties to choose whether to have a jury by 11/15/02 , entered; DUnbar may take the four depositions requested. By 11/13/02 there must be done: Dunbar will give EEOC a counter-offer; DUnbar's bank will produce all checks Dunbar, or a related entity wrote to insurance companies for insurance premiums; Dunbar's bank will produce Dunbar's financial statements from 1999 through 2002; Dunbar's insurance companies will produce all information relating to Dunbar's benefit programs. Parties notified. ( signed by Judge Lynn N. Hughes ) (sfedele) (Entered: 11/06/2002)

Nov. 5, 2002

Nov. 5, 2002

40

MOTION to strike late-designated witnesses by Equal Employment Opp, Motion Docket Date 12/5/02 [40-1] motion , filed (part 1 of 2). (kprice) (Entered: 11/17/2002)

Nov. 15, 2002

Nov. 15, 2002

41

ADVISORY to the Court, by Equal Employment Opp , filed (kprice) (Entered: 11/17/2002)

Nov. 15, 2002

Nov. 15, 2002

40

REQUEST by Equal Employment Opp for expedited hearing of motion , filed (part 2 of 2). (kprice) (Entered: 11/17/2002)

Nov. 15, 2002

Nov. 15, 2002

42

NOTICE of Preference of Trial, by Dunbar Diagnostic , filed (psmith) (Entered: 11/18/2002)

Nov. 15, 2002

Nov. 15, 2002

43

OPPOSED MOTION for trial continuance until after 1/1/03 by Dunbar Diagnostic, Motion Docket Date 12/15/02 [43-1] motion , filed (part 1 of 2). (kprice) (Entered: 11/26/2002)

Nov. 25, 2002

Nov. 25, 2002

44

ORDER RESETTING TRIAL entered: On Deft opposed motion, trial is reset from 12/3/02 to 9:00 on 1/7/03 ; Parties notified. ( signed by Judge Lynn N. Hughes ) (psmith) (Entered: 11/26/2002)

Nov. 26, 2002

Nov. 26, 2002

45

JOINT PRETRIAL ORDER, filed. (psmith) (Entered: 11/29/2002)

Nov. 26, 2002

Nov. 26, 2002

46

MOTION in limine , by Dunbar Diagnostic, Motion Docket Date 12/16/02 [46-1] motion , filed. (psmith) (Entered: 11/29/2002)

Nov. 26, 2002

Nov. 26, 2002

47

MOTION in limine by Equal Employment Opp, Motion Docket Date 12/16/02 [47-1] motion , filed. (psmith) (Entered: 11/29/2002)

Nov. 26, 2002

Nov. 26, 2002

48

OPPOSED MOTION for trial continuance and Request For Expedited Consideration, by Dunbar Diagnostic, Motion Docket Date 12/16/02 [48-1] motion , filed. (psmith) (Entered: 11/29/2002)

Nov. 26, 2002

Nov. 26, 2002

49

OPPOSED MOTION to quash December depositions by Equal Employment Opp, Motion Docket Date 12/31/02 [49-1] motion , filed. (sfedele) (Entered: 12/12/2002)

Dec. 11, 2002

Dec. 11, 2002

50

RESPONSE by Equal Employment Opp to Defts [46-1] motion in limine , filed. (psmith) (Entered: 12/17/2002)

Dec. 16, 2002

Dec. 16, 2002

51

OBJECTIONS to Pltfs Proposed Trial Exhibits, by Dunbar Diagnostic , filed. (psmith) (Entered: 12/17/2002)

Dec. 16, 2002

Dec. 16, 2002

52

ORDER , entered; The depositions of Resendez and Real are quashed. Parties notified. ( signed by Judge Lynn N. Hughes ) (kprice) (Entered: 12/17/2002)

Dec. 16, 2002

Dec. 16, 2002

53

REQUEST For Judicial Notice And Request To Instruct The Jury Accordingly, by Dunbar Diagnostic, filed. (psmith) (Entered: 12/18/2002)

Dec. 17, 2002

Dec. 17, 2002

54

FIRST AMENDED [51-1] Objections to Pltfs Proposed Trial Exhibits, by Dunbar Diagnostic , filed. (psmith) (Entered: 12/18/2002)

Dec. 18, 2002

Dec. 18, 2002

55

OPPOSED MOTION to bifurcate punitive damage phase of case , by Dunbar Diagnostic, Motion Docket Date 1/8/03 [55-1] motion , filed. (psmith) (Entered: 12/19/2002)

Dec. 19, 2002

Dec. 19, 2002

56

SECOND AMENDED [51-1] Objections to Pltfs Proposed Trial Exhibits, by Dunbar Diagnostic , filed. (psmith) (Entered: 12/19/2002)

Dec. 19, 2002

Dec. 19, 2002

57

ORDER denying [55-1] motion to bifurcate punitive damage phase of case , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (mjmarroquin) (Entered: 12/20/2002)

Dec. 19, 2002

Dec. 19, 2002

58

ORDER denying [11-1] motion for leave of Court to exceed ten deposition limit in FRCP(a)(2)(A) , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 12/20/2002)

Dec. 19, 2002

Dec. 19, 2002

59

ORDER granting [19-1] motion for leave to file Second Amended Answer , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 12/20/2002)

Dec. 19, 2002

Dec. 19, 2002

61

ORDER denying [34-1] motion to strike portions of Linda Dunbar's affidavit , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 12/20/2002)

Dec. 19, 2002

Dec. 19, 2002

62

OPPOSED MOTION to exclude Robert Real as trial witness , and to exclude certain exhibits by Dunbar Diagnostic, Motion Docket Date 1/12/03 [62-1] motion, 1/12/03 [62-2] motion , filed. (kprice) (Entered: 12/26/2002)

Dec. 23, 2002

Dec. 23, 2002

63

RESPONSE by Equal Employment Opp to Deft's [62-1] motion to exclude Robert Real as trial witness, Deft's [62-2] motion to exclude certain exhibits , filed. (sjones) (Entered: 12/26/2002)

Dec. 24, 2002

Dec. 24, 2002

Received and forwarded to CRD: proposed pltf's first amended exhibit list and pltf's first amended witness list (kprice) (Entered: 12/27/2002)

Dec. 24, 2002

Dec. 24, 2002

64

OBJECTIONS to Deft's Trial Exhibits by Equal Employment Opp , filed. (sfedele) (Entered: 01/02/2003)

Dec. 31, 2002

Dec. 31, 2002

65

OBJECTION to Defts Supplemental Trial Exhibits, by Equal Employment Opp , filed. (psmith) (Entered: 01/07/2003)

Jan. 6, 2003

Jan. 6, 2003

66

OBJECTIONS to deft's exhibit 87 by Equal Employment Opp , filed. (sguevara) (Entered: 01/08/2003)

Jan. 7, 2003

Jan. 7, 2003

67

Minute entry: first day of jury trial held. Apps: T. Bowne, R. Sustaita f/pltf; S. Hoffer f/deft. Evidence taken. EEOC's exhibits admitted: 4-6, 13-20, 22-29, 31-62, 66-68, 71-73, 76, 78, 79, 85-96. Dunbar's exhibits admitted: 1-9, 11-27, 29-34, 36-47, 52-66, 67-72, 74-83, 87. terminated deadlines Ct Reporter: A. Manley . (sguevara) (Entered: 01/08/2003)

Jan. 7, 2003

Jan. 7, 2003

68

Jury list, filed (sguevara) (Entered: 01/08/2003)

Jan. 7, 2003

Jan. 7, 2003

69

Minute entry: 2nd Day Jury Trial held. Apps: T Bowne f/pltf #1, R Sustaita f/pltf #1, S Hoffer f/Deft #1. Ct Reporter: A Manley Tape Number: none .Evidence taken. (sfedele) (Entered: 01/09/2003)

Jan. 8, 2003

Jan. 8, 2003

70

TRIAL BRIEF Regarding Recovery of Value of Lost Insurance Benefits, by Dunbar Diagnostic , filed (psmith) (Entered: 01/09/2003)

Jan. 8, 2003

Jan. 8, 2003

71

MOTION to quash subpoena by Wigberto Soto, Motion Docket Date 1/29/03 [71-1] motion , filed. (sguevara) (Entered: 01/10/2003)

Jan. 9, 2003

Jan. 9, 2003

72

Supplemental Request for Proposed Jury instructions by Dunbar Diagnostic , filed (sguevara) (Entered: 01/13/2003)

Jan. 9, 2003

Jan. 9, 2003

73

Minute entry: JURY TRIAL held. Apps: T Bowne; R Sustaita; S Hoffer. Evidence taken. terminated deadlines Ct Reporter: A Manley . (psmith) (Entered: 01/13/2003)

Jan. 9, 2003

Jan. 9, 2003

74

Minute entry: 4th Day of JURY TRIAL held. Apps: T Bowne; R Sustaita; S Hoffer. Evidence taken. Order to be entered. Judgment as a matter of law granted for Dunbar. EEOC and Gonzales take nothing from Dunbar. Dunbar's exhibit number 88 admitted. Ct Reporter: A Manley . (psmith) (Entered: 01/13/2003)

Jan. 10, 2003

Jan. 10, 2003

75

Receipt for Withdrawal of Exhibits by attorney for Dunbar Diagnostic , filed. (psmith) (Entered: 01/13/2003)

Jan. 10, 2003

Jan. 10, 2003

76

Receipt for Withdrawal of Exhibits by attorney for Equal Employment Opp , filed. (psmith) (Entered: 01/13/2003)

Jan. 10, 2003

Jan. 10, 2003

77

FINAL JUDGMENT, entered: The EEOC takes nothing from Dunbar Diagnostic oon Leticia Gonzalez's claims. Parties ntfd. ( signed by Judge Lynn N. Hughes ) (psmith) (Entered: 01/13/2003)

Jan. 10, 2003

Jan. 10, 2003

Case closed (psmith) (Entered: 01/13/2003)

Jan. 10, 2003

Jan. 10, 2003

78

TRANSCRIPT OF PROCEEDINGS of Excerpt of Trial for dates of 1/10/03 before Judge Lynn N Hughes , filed. ( Court Rptr: Anita G Manley)(loose in file) (sfedele) (Entered: 01/22/2003)

Jan. 22, 2003

Jan. 22, 2003

79

DEFT'S OPPOSED MOTION for award of attorney's fees and for costs under 42 USC 2000e-5(k) and FRCP 54(d)(1-2), bill of costs and, if necessary, for leave to file (this) motion by Dunbar Diagnostic, Motion Docket Date 2/16/03 [79-1] motion, 2/16/03 [79-2] motion, 2/16/03 [79-3] motion , filed. (in EXPANDEX FOLDER) (ddarneille) (Entered: 01/28/2003)

Jan. 27, 2003

Jan. 27, 2003

Deadline updated; set review deadline for 2/18/03 before Judge Lynn N. Hughes (dkelly) (Entered: 01/28/2003)

Jan. 28, 2003

Jan. 28, 2003

80

RESPONSE by Equal Employment Opp to [79-1] motion for award of attorney's fees, and [79-2] motion for costs , filed. Part 1 of 2 (hlerma) (Entered: 02/05/2003)

Feb. 3, 2003

Feb. 3, 2003

80

OBJECTION to Deft's Bill of Costs by Equal Employment Opp , filed. Part 1 of 2 (hlerma) Modified on 02/05/2003 (Entered: 02/05/2003)

Feb. 3, 2003

Feb. 3, 2003

81

TRANSCRIPT OF PROCEEDINGS of Trial for dates of 1/7/03 before Judge Lynn Hughes , filed. ( Court Rptr: A G Manley) (kprice) (Entered: 02/28/2003)

Feb. 27, 2003

Feb. 27, 2003

82

TRANSCRIPT OF PROCEEDINGS of Hearing for dates of 10/15/02 before Judge Lynn N Hughes , filed. ( Court Rptr: G Dye)(loose in file) (sfedele) (Entered: 03/04/2003)

March 4, 2003

March 4, 2003

83

NOTICE OF APPEAL of [77-1] order by Equal Employment Opp , filed. (jdavenport) (Entered: 03/12/2003)

March 10, 2003

March 10, 2003

84

TRANSCRIPT Re: [83-1] appeal Transcript of Trial Hearing for dates of 1/8/03 before Judge Lynn Hughes, filed. Ct Reporter: Anita Manley (Vol 2 of 4) (loose in file) (bchurchill) (Entered: 03/17/2003)

March 10, 2003

March 10, 2003

Notice of appeal and Copy of docket transmitted to USCA: [83-1] appeal (jdavenport) (Entered: 03/12/2003)

March 12, 2003

March 12, 2003

85

Transcript request for notice of [83-1] appeal re: on 3/10/03 by Ct Reporter: G Dye, filed. Transcript is already on file in Clerk's office; Hearing date 10/15/02 Summary Judgment Hearing, before Judge Hugehs (sfedele) (Entered: 03/20/2003)

March 19, 2003

March 19, 2003

87

TRANSCRIPT OF PROCEEDINGS of Trial for dates of 1/9/03 before Judge Lynn Hughes , filed. ( Court Rptr: A Manley)(loose in file)(Vol 3 of 4) (sfedele) (Entered: 03/20/2003)

March 20, 2003

March 20, 2003

NOTICE of Docketing NOA from USCA Re: [83-1] appeal USCA NUMBER: 03-20292 (fmremp) (Entered: 04/04/2003)

March 25, 2003

March 25, 2003

88

TRANSCRIPT OF PROCEEDINGS of Transcript of Trial for dates of 1/10/03 before Judge Lynn Hughes , filed. ( Court Rptr: A G Manley) (kprice) (Entered: 04/02/2003)

April 2, 2003

April 2, 2003

89

ORDER setting hearing Motion hearing before Judge Lynn N. Hughes set for 10:00 5/7/03 for [79-1] motion for award of attorney's set for 10:00 5/7/03 for [79-2] motion for costs, set for 10:00 5/7/03 for [79-3] motion for leave to file (this) motion , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (sfedele) (Entered: 04/03/2003)

April 3, 2003

April 3, 2003

Certified and transmitted record on appeal consisting of 10 volumes of pleadings and 6 volumes of transcript to U.S. Court of Appeals: [83-1] appeal . Parties ntfd. (jdavenport) (Entered: 04/21/2003)

April 21, 2003

April 21, 2003

90

Minute entry: HEARING held. Apps: T Bowne; R Sustaita. Argument heard on Defts motion for attorneys fees. Dunbar Diagnostic will take from the EEOC $114,572.50 for attorneys fees. terminated deadlines Ct Reporter: none . (psmith) (Entered: 05/08/2003)

May 7, 2003

May 7, 2003

91

ORDER granting Defts [79-1] motion for award of attorney's fees: Dunbar Diagnostic recovers attorneys fees of $114,572.50 from the EEOC. Parties notified. ( signed by Judge Lynn N. Hughes ) (psmith) (Entered: 05/08/2003)

May 7, 2003

May 7, 2003

92

NOTICE OF APPEAL of [91-1] order by Equal Employment Opp , filed. (jdavenport) (Entered: 05/11/2003)

May 9, 2003

May 9, 2003

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Feb. 13, 2002

Closing Date: Oct. 5, 2005

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

Village Ultrasound Clinic Inc., Private Entity/Person

Dunbar Diagnostic Services, Inc., Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Pay / Benefits

EEOC-centric:

Direct Suit on Merits