Case: EEOC v. TRINITY INDUSTRIES, INC.

1:00-cv-00598 | U.S. District Court for the Eastern District of Texas

Filed Date: Aug. 31, 2000

Closed Date: Nov. 29, 2001

Clearinghouse coding complete

Case Summary

In August 2000, the Houston District Office of the EEOC brought this suit against Trinity Industries, Inc. in the U.S. District Court for the Eastern District of Texas. We do not have a copy of the EEOC's complaint. However, the intervenors' complaint alleged that the defendant discriminated on the basis of race in violation of Title VII of the Civil Rights Act of 1964 by failing to promote the charging parties, Black employees, because of their race and retaliating against them for their com…

In August 2000, the Houston District Office of the EEOC brought this suit against Trinity Industries, Inc. in the U.S. District Court for the Eastern District of Texas. We do not have a copy of the EEOC's complaint. However, the intervenors' complaint alleged that the defendant discriminated on the basis of race in violation of Title VII of the Civil Rights Act of 1964 by failing to promote the charging parties, Black employees, because of their race and retaliating against them for their complaints of the discrimination by negatively affecting the terms and conditions of their employment. Two of the charging parties intervened in the suit in October 2000. After some discovery disputes, the EEOC and the defendant appear to have reached a tentative settlement agreement in May 2001. However, the EEOC and the defendant reached a final settlement in June 2001 through a consent decree. It appears that the intervenors and the defendant did not settle until late November 2001 when they voluntarily dismissed the case.

The two-year consent decree between the EEOC and the defendant contained non-discrimination and non-retaliation clauses. In addition, it required the defendant to: post a non-discrimination notice, provide Title VII training for its human resources personnel, inform one of the charging parties of any job vacancies, fund six academic scholarships, distribute the consent decree, expunge the charging parties' personnel files from all references to the charges of discrimination, provide the charging parties with a neutral employment reference, and pay $60,000 to be divided between two individuals.

Summary Authors

Justin Kanter (8/8/2007)

Documents in the Clearinghouse

Document

1:00-cv-00598

Docket [PACER]

EEOC v. Trinity Ind Inc

Nov. 20, 2002

Nov. 20, 2002

Docket
29

1:00-cv-00598

Intervenors' Amended Complaint in Intervention

EEOC v. Trinity Industries, Inc.

April 18, 2001

April 18, 2001

Complaint
56

1:00-cv-00598

Consent Decree

EEOC and Melba Thomas and Percy Simmons, Jr. v. Trinity Industries, Inc.

June 18, 2001

June 18, 2001

Settlement Agreement
70

1:00-cv-00598

Agreed Order [Regarding Settlement Issues]

EEOC v. Trinity Industries, Inc.

Nov. 9, 2001

Nov. 9, 2001

Order/Opinion

Resources

Docket

Last updated Aug. 26, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

Original Complaint filed. Cause: 42:2000 Job Discrimination (Race) (bst) (Entered: 08/31/2000)

Aug. 31, 2000

Aug. 31, 2000

Summons(es) issued for Trinity Ind Inc & handed to pla's atty for service (bst) (Entered: 08/31/2000)

Aug. 31, 2000

Aug. 31, 2000

1

Demand for jury trial by EEOC (bst) (Entered: 08/31/2000)

Aug. 31, 2000

Aug. 31, 2000

Magistrate consent forms mailed to pla's atty Timothy Bowne (bst) (Entered: 08/31/2000)

Aug. 31, 2000

Aug. 31, 2000

2

In compliance with section b of Local Rule CV-26 and after a review of the pleadings, this action has been assigned to track 3 for case management purposes. (bst) (Entered: 08/31/2000)

Aug. 31, 2000

Aug. 31, 2000

3

WAIVER OF SERVICE Returned Executed as to Trinity Ind Inc 9/29/00 on summons. Answer due on 11/28/00 for Trinity Ind Inc (bjc) (Entered: 10/05/2000)

Oct. 4, 2000

Oct. 4, 2000

4

MOTION for leave to intervene by Melba Thomas, Percy Simmons Jr (bjc) (Entered: 10/13/2000)

Oct. 12, 2000

Oct. 12, 2000

5

Answer to pla's complaint by Trinity Ind Inc (Mailed track assignment and consent form to atty David Curtis) (bjc) (Entered: 10/23/2000)

Oct. 23, 2000

Oct. 23, 2000

6

ORDER granting [4-1] motion for leave to intervene by Melba Thomas, Percy Simmons Jr (signed by Judge Thad Heartfield ) cc: attys (rll) (Entered: 11/01/2000)

Oct. 31, 2000

Oct. 31, 2000

7

Intervenor's complaint by Percy Simmons Jr., Melba Thomas against Trinity Ind Inc (rll) (Entered: 11/01/2000)

Oct. 31, 2000

Oct. 31, 2000

9

Notice of disclosure by EEOC (bjc) (Entered: 11/22/2000)

Nov. 21, 2000

Nov. 21, 2000

MANAGEMENT CONFERENCE set at 9:00 12/14/00 before Judge Thad Heartfield. cc: TH, attys (jmv) (Entered: 11/28/2000)

Nov. 28, 2000

Nov. 28, 2000

10

Notice of initial disclosure by Trinity Ind Inc (bjc) (Entered: 11/28/2000)

Nov. 28, 2000

Nov. 28, 2000

11

Amended intervening complaint by Percy Simmons Jr, Melba Thomas, amending [7-1] intervenor complaint (bjc) (Entered: 12/06/2000)

Dec. 4, 2000

Dec. 4, 2000

ORDER regarding amendments to the federal rules of civil procedure (signed by Judge Thad Heartfield ) cc: attys 12/6/00 *** ORIGINAL ORDER EOD IN 1:95cv564 *** (bjc) (Entered: 12/06/2000)

Dec. 4, 2000

Dec. 4, 2000

12

Notice of disclosure by Percy Simmons Jr, Melba Thomas (bjc) (Entered: 12/08/2000)

Dec. 8, 2000

Dec. 8, 2000

13

Notice of serving initial disclosure by Trinity Ind Inc (bjc) (Entered: 12/11/2000)

Dec. 11, 2000

Dec. 11, 2000

14

Notice of attorney appearance for Trinity Ind Inc by Hubert Oxford III (bjc) (Entered: 12/14/2000)

Dec. 14, 2000

Dec. 14, 2000

ORDER setting management conference for 9:00 1/16/01 before Judge Thad Heartfield (signed by Judge Thad Heartfield) cc: attys 12/20/00 (bjc) (Entered: 12/20/2000)

Dec. 19, 2000

Dec. 19, 2000

15

Notice of disclosure by Trinity Ind Inc (fbc) (Entered: 01/11/2001)

Jan. 11, 2001

Jan. 11, 2001

16

Objection by Trinity Ind Inc to [4-1] motion for leave to intervene by Melba Thomas, Percy Simmons Jr (fbc) (Entered: 01/11/2001)

Jan. 11, 2001

Jan. 11, 2001

16

Answer to complaint in intervention by Trinity Ind Inc (fbc) (Entered: 01/11/2001)

Jan. 11, 2001

Jan. 11, 2001

17

Stipulation and PROTECTIVE ORDER (signed by Judge Thad Heartfield) cc: attys 1/17/01 (bjc) (Entered: 01/17/2001)

Jan. 16, 2001

Jan. 16, 2001

MANAGEMENT CONFERENCE held before Judge Thad Heartfield. New track assignment. Case set for trial 10/15/01. A docket control order will be entered (former empl) (Entered: 01/17/2001)

Jan. 16, 2001

Jan. 16, 2001

Oral order to reassign this action to track 4 for case management purposes, from the bench signed by Judge Thad Heartfield (former empl) (Entered: 01/17/2001)

Jan. 16, 2001

Jan. 16, 2001

18

Minutes Re: [0-0] Management conference by Judge Thad Heartfield held on 1/16/01 (No Ct rep) (former empl) (Entered: 01/17/2001)

Jan. 16, 2001

Jan. 16, 2001

19

Docket Control Order: setting final pretrial conference and jury trial scheduling at 9:00 on 10/15/01 (signed by Judge Thad Heartfield) cc: attys 1/22/01 bse) (Entered: 01/22/2001)

Jan. 19, 2001

Jan. 19, 2001

20

Unopposed MOTION by Percy Simmons Jr, Melba Thomas for leave to file amended complaint in intervention (bjc) (Entered: 01/29/2001)

Jan. 26, 2001

Jan. 26, 2001

22

Opposition by EEOC to dft's [21-1] mo for protective order (bjc) (Entered: 02/06/2001)

Feb. 5, 2001

Feb. 5, 2001

23

Notice of w/drawal of [21-1] motion for protective ord by Trinity Ind Inc (bjc) (Entered: 02/07/2001)

Feb. 7, 2001

Feb. 7, 2001

Terminated document [21-1] mo for protective ord (dft's filed a notice of withdrawal of motion for protective ord) (bjc) (Entered: 02/07/2001)

Feb. 7, 2001

Feb. 7, 2001

24

MOTION by Percy Simmons Jr, Melba Thomas for leave to file 2nd amended complaint in intervention (bjc) (Entered: 04/09/2001)

April 5, 2001

April 5, 2001

HOTLINE CONFERENCE: before Magistrate Judge Judith K. Guthrie. Resolved by parties; no ruling by Court. (tln) (Entered: 04/11/2001)

April 11, 2001

April 11, 2001

25

MOTION by Melba Thomas, Percy Simmons Jr to compel site inspection (bjc) (Entered: 04/12/2001)

April 11, 2001

April 11, 2001

26

Agreed MOTION by EEOC, Trinity Ind Inc, Percy Simmons Jr., Melba Thomas to modify [19-1] docket control order (bjc) (Entered: 04/13/2001)

April 13, 2001

April 13, 2001

27

MOTION by Percy Simmons Jr, Melba Thomas for leave to conduct additional depositions or, in the alternative to alter track assignment (bjc) (Entered: 04/19/2001)

April 18, 2001

April 18, 2001

28

ORDER granting [20-1] motion for leave to file amended complaint in intervention (signed by Judge Thad Heartfield ) cc: attys 4/20/01 (bjc) (Entered: 04/20/2001)

April 18, 2001

April 18, 2001

29

Amended complaint in intervention by Percy Simmons Jr, Melba Thomas , amending [7-1] intervenor complaint (bjc) (Entered: 04/20/2001)

April 18, 2001

April 18, 2001

30

Response by Trinity Ind Inc to plas' [24-1] motion for leave to file 2nd amended complaint in intervention (bjc) (Entered: 04/23/2001)

April 23, 2001

April 23, 2001

31

Response by Trinity Ind Inc to plas' [25-1] motion to compel site inspection (bjc) (Entered: 04/23/2001)

April 23, 2001

April 23, 2001

32

Brief in support by EEOC to intervening plas' [25-1] motion to compel site inspection (bjc) (Entered: 04/25/2001)

April 25, 2001

April 25, 2001

33

ORDER denying [24-1] motion for leave to file 2nd amended complaint in intervention (signed by Judge Thad Heartfield ) cc: attys 4/25/01 (bjc) (Entered: 04/25/2001)

April 25, 2001

April 25, 2001

34

ORDER granting [25-1] motion to compel site inspection ( signed by Judge Thad Heartfield ) cc: TH and attys (rll) (Entered: 05/01/2001)

April 27, 2001

April 27, 2001

35

ORDER granting [26-1] motion to modify [19-1] docket control order, reset discovery due for 5/29/01 , and reset motion filing deadline for 5/29/01 ( signed by Judge Thad Heartfield ) cc: TH and attys (rll) (Entered: 05/01/2001)

April 27, 2001

April 27, 2001

36

Response by Trinity Ind Inc to plas' [27-1] mo for leave to conduct additional depositions, and [27-2] mo to alter track assignment (bjc) (Entered: 05/03/2001)

May 3, 2001

May 3, 2001

38

MOTION by Percy Simmons Jr, Melba Thomas to reconsider and/or clarify portion of limited [34-1] order granting plas' mo to compel site inspection (bjc) (Entered: 05/08/2001)

May 8, 2001

May 8, 2001

39

Reply by Percy Simmons Jr, Melba Thomas to dft's response to pla's [27-1] mo for leave to conduct additional depositions, or, in the alternative, [27-2] mo to alter track assignment (bjc) (Entered: 05/08/2001)

May 8, 2001

May 8, 2001

40

Agreed MOTION by EEOC, Trinity Ind Inc to enter consent decree (bjc) (Entered: 05/09/2001)

May 9, 2001

May 9, 2001

41

Response by Trinity Ind Inc to plas' [38-1] motion to reconsider and/or clarify portion of limited [34-1] order granting plas' mo to compel site inspection (bjc) (Entered: 05/18/2001)

May 17, 2001

May 17, 2001

42

Response by Trinity Ind Inc to plas' [37-1] motion seeking clarification from the Ct that it has not made any ruling or otherwise impaired pla's claim for bodily injury damages (bjc) (Entered: 05/18/2001)

May 17, 2001

May 17, 2001

43

MOTION by Trinity Ind Inc for summary judgment (bjc) (Entered: 05/31/2001)

May 30, 2001

May 30, 2001

44

Brief by Trinity Ind Inc in support of [43-1] motion for summary judgment (bjc) (Entered: 05/31/2001)

May 30, 2001

May 30, 2001

45

MOTION by Percy Simmons Jr, Melba Thomas to continue dft's mo for summary judgment (bjc) (Entered: 06/07/2001)

June 6, 2001

June 6, 2001

46

2nd MOTION by Percy Simmons Jr, Melba Thomas to compel site inspection and for sanctions (bjc) (Entered: 06/11/2001)

June 7, 2001

June 7, 2001

47

Reply by Percy Simmons Jr, Melba Thomas to dft's response to [37-1] mo seeking clarification from the Ct that it has not made any ruling or otherwise impaired pla's claim for bodily injury damages (bjc) (Entered: 06/11/2001)

June 7, 2001

June 7, 2001

48

Advisory to the ct regarding consent decree by EEOC (bjc) (Entered: 06/14/2001)

June 13, 2001

June 13, 2001

49

Response by Trinity Ind Inc to plas' [45-1] motion to continue dft's mo for summary judgment (bjc) (Entered: 06/18/2001)

June 18, 2001

June 18, 2001

50

Response by Trinity Ind Inc to plas' [46-1] motion to compel site inspection and [46-2] motion for sanctions (bjc) (Entered: 06/18/2001)

June 18, 2001

June 18, 2001

51

ORDER granting [45-1] mo to cont dft's mo for summary judgment. Ordered that the discovery period is extended to 7/15/01. Ordered that the Docket Control Ord is modified for the limited purpose of extending the discovery period. Plas shall file their response to dft's mo for summary judgment by 7/20/01 ( signed by Judge Thad Heartfield 6/15/01) cc: attys 6/19/01 (bjc) (Entered: 06/19/2001)

June 18, 2001

June 18, 2001

52

ORDER granting [46-1] motion to compel site inspection and denying [46-2] motion for sanctions (signed by Judge Thad Heartfield 6/15/01) cc: attys 6/19/01 (bjc) (Entered: 06/19/2001)

June 18, 2001

June 18, 2001

54

ORDER granting [27-1] motion for leave to conduct additional depositions. Ordered that plas may take a total of 5 additional depositions to last 6 hrs each. Ordered that the additional depositions are limited to questions concerning plas' discrimination claims (signed by Judge Thad Heartfield 6/15/01) cc: attys 6/19/01 (bjc) (Entered: 06/19/2001)

June 18, 2001

June 18, 2001

55

ORDER denying [37-1] motion seeking clarification from the Ct that it has not made any ruling or otherwise impaired pla's claim for bodily injury damages (signed by Judge Thad Heartfield 6/15/01) cc: attys 6/19/01 (bjc) (Entered: 06/19/2001)

June 18, 2001

June 18, 2001

56

Consent Decree. This Consent Decree is entered in full and complete settlement of the EEOC's claims in this lawsuit, and in EEOC charge nos. 330-99-2780, 330-99-2781, and 330-A1-0194. Trinity agrees to pay Tommy L Breed $28,000.00, less deductions and w/holdings required by law. Trinity agrees to pay Kenneth Bettis $32,000.00, less deductions and w/holdings required by law. Parties shall bear their own costs and attys' fees (signed by Judge Thad Heartfield 6/15/01) cc: attys 6/19/01 (bjc) (Entered: 06/19/2001)

June 18, 2001

June 18, 2001

57

Response by Percy Simmons Jr, Melba Thomas to dft's [43-1] motion for summary judgment (bjc) (Entered: 07/23/2001)

July 20, 2001

July 20, 2001

58

MOTION by Percy Simmons Jr, Melba Thomas for leave to file response to dft's mo for summary judgment in excess of page limit (bjc) (Entered: 07/24/2001)

July 23, 2001

July 23, 2001

59

ORDER granting [58-1] motion for leave to file response to dft's mo for summary judgment in excess of page limit ( signed by Judge Thad Heartfield) cc: attys 7/27/01 (bjc) (Entered: 07/27/2001)

July 26, 2001

July 26, 2001

60

Unopposed MOTION by Trinity Ind Inc to extend period for filing reply brief to plas' resp to dft's mo for summary judgment (bjc) (Entered: 07/27/2001)

July 27, 2001

July 27, 2001

61

ORDER granting [60-1] motion to extend period for filing reply brief to plas' resp to dft's mo for summary judgment until 8/6/01 (signed by Judge Thad Heartfield) cc: attys 8/1/01 (bjc) (Entered: 08/01/2001)

July 31, 2001

July 31, 2001

62

Reply by Trinity Ind Inc to plas' response to dft's [43-1] mo for summary judgment (bjc) (Entered: 08/07/2001)

Aug. 6, 2001

Aug. 6, 2001

63

Objection by Trinity Ind Inc to pla's response to Trinity's [43-1] motion for summary judgment (bjc) (Entered: 08/07/2001)

Aug. 7, 2001

Aug. 7, 2001

64

Agreed MOTION by Trinity Ind Inc, Percy Simmons Jr., Melba Thomas to continue trial (bjc) (Entered: 09/10/2001)

Sept. 7, 2001

Sept. 7, 2001

65

ORDER granting [64-1] motion to continue trial; reset final pretrial conference for 11/19/01 before Judge Thad Heartfield . Ordered that the Docket Control Order [19-1] be amended to reflect the new trial date and pretrial deadlines (signed by Judge Thad Heartfield 9/18/01) cc: attys 9/20/01 (bjc) (Entered: 09/20/2001)

Sept. 19, 2001

Sept. 19, 2001

Final Pre-trial conference set at 9:00 10/15/01 before Judge Thad Heartfield. cc: TH, attys (jmv) (Entered: 09/20/2001)

Sept. 20, 2001

Sept. 20, 2001

Jury selection set at 9:00 10/16/01 before Judge Thad Heartfield (jmv) (Entered: 09/20/2001)

Sept. 20, 2001

Sept. 20, 2001

66

Notice of supplemental disclosure by Percy Simmons Jr, Percy Simmons Jr. (rll) (Entered: 10/03/2001)

Oct. 2, 2001

Oct. 2, 2001

Final Pre-trial conference set at 9:00 11/19/01 before Judge Thad Heartfield. cc: TH, attys (jmv) (Entered: 10/19/2001)

Oct. 19, 2001

Oct. 19, 2001

Jury selection set at 9:00 11/20/01 before Judge Thad Heartfield (jmv) (Entered: 10/19/2001)

Oct. 19, 2001

Oct. 19, 2001

67

ORDER, setting settlement/closing papers due on 12/4/01 ( signed by Judge Thad Heartfield ) cc: attys 10/31/01 (fbc) (Entered: 10/31/2001)

Oct. 31, 2001

Oct. 31, 2001

68

MOTION by Trinity Ind Inc to enforce settlement and Brief (exhibits a,b,c,d & e attachments to motion filed under seal) (fbc) (Entered: 11/05/2001)

Nov. 5, 2001

Nov. 5, 2001

69

Response by Percy Simmons Jr., Melba Thomas to [68-1] motion to enforce settlement (fbc) (Entered: 11/07/2001)

Nov. 6, 2001

Nov. 6, 2001

69

MOTION by Percy Simmons Jr., Melba Thomas for release of settlement funds , and for expedited hearing (fbc) (Entered: 11/07/2001)

Nov. 6, 2001

Nov. 6, 2001

70

AGREED ORDER (1) denying [68-1] motion to enforce settlement; denying [69-1] motion for release of settlement funds and denying [69-2] motion expedited hearing. (2) Court orders that parties shall sign the proposed General Releases and Covenants Not to Sue as drafted exept that the releases shall be revised in accordance with this order (3) In substitution of chekcs nos 958550 and 958849 dft shall re-issue two checks payable to plas and their cnsl, for the agreed lump sum settlement proceeds. (4) In substitution for check no 958851, dft shall re-issue the agreed payroll check and make payable to Percy Simmons. Check shall be received by pla's cnsl. (5) Upon receipt of settlement funds pla shall file w/court a dismissal w/prejudice all claims (6) Checks nos 958850, 958849, 958851 are null and void and are to be released. (7) The parties are each responsible for their own costs and attorneys fees. ( signed by Judge Thad Heartfield 11/9/01) cc: attys 11/15/01 (fbc) (Entered: 11/15/2001)

Nov. 9, 2001

Nov. 9, 2001

71

ORDER that the clerk immediately return to the defendants at defendant's cost, the checks enclosed in the envelopes attached as Exhibit "E" to dft's motion to enforce settlement and brief in support [doc no 68].( signed by Judge Thad Heartfield ) cc: attys 11/15/01 (fbc) (Entered: 11/15/2001)

Nov. 14, 2001

Nov. 14, 2001

72

Stipulation of dismissal w/prejudice, all claims against dft in this action, w/ costs taxed against each party incurring same by plas Melba Thomas and Percy Simmons (bjc) (Entered: 11/30/2001)

Nov. 29, 2001

Nov. 29, 2001

Case closed (bjc) (Entered: 01/17/2002)

Nov. 29, 2001

Nov. 29, 2001

Shipped to FRC on 10/28/02 Accession number: 021-03-0019, Location K3309734 Box 51 of 61 (bca) (Entered: 11/20/2002)

Nov. 20, 2002

Nov. 20, 2002

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 31, 2000

Closing Date: Nov. 29, 2001

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

Trinity Industries, Inc. (Beaumont, 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: 74400

Order Duration: 2001 - 2003

Content of Injunction:

Retaliation Prohibition

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discipline

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Pay / Benefits

Promotion

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit