Case: Colindres v. Quietflex Manufacturing

4:01-cv-04319 | U.S. District Court for the Southern District of Texas

Filed Date: Oct. 10, 2001

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Case Summary

On October 10, 2001, a group of Latino workers filed a lawsuit under of Title VII, 42 U.S.C. §§ 2000e et seq., and 42 U.S.C. § 1981 and the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq. against Quietflex Manufacturing Co., in the United States District Court of the Western District of Texas, though it was subsequently transferred to the Southern District. The plaintiffs, represented by private counsel and eventually the EEOC, asked the Court for injunctive and declaratory relief, as well as back pay and punitive damages alleging that Quietflex discriminated against them on the basis of national origin. 3690215 WL 1 (S.D. Tex. 2004). Specifically, the plaintiffs contended that they were discriminated in pay and work conditions based on their national origin and also that they were fired on January 10, 2002, in retaliation for a work stoppage they staged to protest discrimination against Latino employees. 3690215 WL 2 (S.D. Tex. 2004).

The litigation arose from allegations that the company used departmental segregation that kept most Latinos confined to one department , even when they requested transfer. The "Latino department" was department 911, and the "Vietnamese department" was 910. While the defendant claimed there was no racial segregation, the workers of department 911 allegedly received lower wages than workers in Department 910; had more physically demanding and dangerous jobs; worked more hours to meet their minimum production quotas; were provided inadequate safety equipment; were more frequently injured; and were required to perform menial tasks, such as cleaning the lunchroom and the bathroom, without compensation. The plaintiffs asserted that defendants "regularly and purposefully asserted a requirement of English language fluency to deny Latinos transfer to more desirable departments, including 910, and yet, defendants did not impose an English language fluency requirement on similarly situated non-Latino employees who do not speak or read English." Not only was their treatment allegedly beyond unfair, but, upon protesting those conditions in a staged walkout, the plaintiffs were fired. 3690215 WL 2 (S.D.T.X. 2004). Furthermore, the plaintiffs alleged violations of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., on the ground that they were regularly required to work in excess of 40 hours per week, but were not paid for such overtime work. 3690215 WL 3 (S.D. Tex. 2004).

On February 26, 2002, the court (Judge Rosenthal) consolidated the case with another civil action No. H-01-4323, Jose P. Aleman, et al. v. Quietflex Manufacturing Co., L.P., et al, a class action arising out of the same facts. 3690215 WL 3 (S.D. Tex. 2004).

On December 4, 2004, the Court (Judge Rosenthal) granted the EEOC's motion to intervene. The EEOC sought a permanent injunction against Quietflex prohibiting it from engaging in employment practices that discriminate on the basis of national origin. The EEOC also asks the Court to order back wages plus interest, compensatory damages, and punitive damages for the plaintiffs. According to the EEOC press release, the EEOC only filed suit after investigating the case, finding discrimination, and exhausting its conciliation efforts to reach a voluntary pre-litigation settlement.

On January 6, 2003, all other counsel withdrew, and the plaintiffs were represented solely by the Mexican American Legal Defense and Education Fund, Inc.

On March 31, 2006, the court (Judge Rosenthal) denied the plaintiffs motion for class certification. The basis of the decision was due to the representative plaintiffs of the proposed class asking the court to disregard the claims for compensatory damages on a class wide-basis. This move was designed to improve the likelihood of certification, but ended up being the reason the court denied the motion. The court stated that the decision to drop the monetary damages claim cannot be imposed upon the absent class members without raising a very serious conflict of interest. Therefore, he court then ordered the two parties into mediation. 235 F.R.D. 383 (S.D. Tex. 2006).

On January 22, 2007, the court signed and ordered the proposed consent decree. The settlement gave $2.8 million to the 78 person group of plaintiffs. It also forced the company to implement policies and practices that advance equal opportunity employment. The case was closed, but reopened when plaintiffs filed a motion to enforce consent decree.

On October 20, 2009, the Court ordered that one section of the consent decree was to remain in effect until March 21, 2010. Parties had until April 5, 2010, to move for further modification, but no such motions were made, and there has been no further action in the case.

Summary Authors

Matthew Aibel (11/6/2010)

Ian Sander (10/30/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5167041/parties/colindres-v-quietflex-manufactur/

Judge(s)

Attorney for Plaintiff

Kahne, David A. (Texas)

Kauffman, Albert H. (Texas)

Perales, Nina (Texas)

Attorney for Defendant

Dobrowski, Paul J (Texas)

McAlpine, Fraser A. (Texas)

Judge(s)

Prado, Edward Charles (Texas)

Rosenthal, Lee Hyman (Texas)

Attorney for Plaintiff

Kahne, David A. (Texas)

Kauffman, Albert H. (Texas)

Perales, Nina (Texas)

Saucedo, Leticia M. (Texas)

Attorney for Defendant

Dobrowski, Paul J (Texas)

McAlpine, Fraser A. (Texas)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

4:01-cv-04319	Docket	Oct. 20, 2009	Oct. 20, 2009 Docket
	EEOC Press Release: "EEOC Moves to Intervene in Quietflex Lawsuit" No Court	Sept. 26, 2002	Sept. 26, 2002 Press Release
57 4:01-cv-04319 4:01-cv-04323	Memorandum and Opinion [Regarding EEOC's Motion to Intervene]	Dec. 4, 2002	Dec. 4, 2002 Order/Opinion
233 4:01-cv-04319	Memorandum and Order [Regarding Defendants' Motion for a Protective Order]	May 26, 2005	May 26, 2005 Order/Opinion 228 F.R.D. 567
301 4:01-cv-04319 4:01-cv-04323	Order denying cross-motions for summary judgment	March 31, 2006	March 31, 2006 Order/Opinion 427 F.Supp.2d 737
4:01-cv-04319 4:01-cv-04323	Order denying summary judgment and class certification	March 31, 2006	March 31, 2006 Order/Opinion 235 F.R.D. 347
321 4:01-cv-04319 4:01-cv-04323	Approved Consent Decree EEOC v. Quietflex Manufacturing	Jan. 22, 2007	Jan. 22, 2007 Settlement Agreement
	EEOC Press Release: "EEOC, Quietflex Manufacturing Company, L.P., and Others Announce Final Approval of Settlement with Hispanic Employees on Discrimination Claims" EEOC v. Quietflex Manufacturing No Court	Jan. 24, 2007	Jan. 24, 2007 Press Release
	EEOC Performance and Accountability Report No Court	Jan. 15, 2008	Jan. 15, 2008 Press Release
364 4:01-cv-04319	ORDER	Oct. 20, 2009	Oct. 20, 2009 Order/Opinion

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms Carly Knight, Frank Dobbin, Alexandra Kalev	Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit…	March 2022	April 1, 2022 https://cris.tau.ac.il/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5167041/colindres-v-quietflex-manufactur/

Last updated Oct. 29, 2026, 4:06 p.m.

Docket for: Colindres v. Quietflex Manufactur

ECF Number	Date	Description	Link
1	Oct. 10, 2001	COMPLAINT by Fermin Colindres, Lazaro Garcia, Ector Lopez, Jose A Marquez, Fernando Gonzalez, Juan Casanova filed; FILING FEE $ 150.00 RECEIPT # 172002 (bchurchill) (Entered: 12/20/2001)	RECAP
	Oct. 10, 2001	Case assigned to Honorable Edward C Prado (bchurchill)
	Oct. 10, 2001	SUMMONS issued for Quietflex Manufactur, Quietflex Holding Co, Goodman Manufacturin, Goodman Holding Co (bchurchill)
2	Nov. 8, 2001	ANSWER to Complaint by Quietflex Manufactur, Quietflex Holding Co, Goodman Manufacturin, Goodman Holding Co (Added attorney ), filed. (bchurchill) (Entered: 12/20/2001)	RECAP
3	Nov. 8, 2001	MOTION to transfer case by Quietflex Manufactur, Goodman Manufacturin, Goodman Holding Co, Motion Docket Date, filed. (bchurchill) (Entered: 12/20/2001)	RECAP
4	Nov. 8, 2001	MEMORANDUM by Quietflex Holding Co, Goodman Manufacturin, Goodman Holding Co in support of [3-1] motion to transfer case, filed (bchurchill) (Entered: 12/20/2001)	RECAP
5	Nov. 8, 2001	MOTION to dismiss for failure to state claim, or alternatively for partial summary judgment by Goodman Manufacturin, Goodman Holding Co, Motion Docket Date, filed. (bchurchill) (Entered: 12/20/2001)	RECAP
6	Nov. 8, 2001	MEMORANDUM by Goodman Manufacturin, Goodman Holding Co in support of [5-1] motion to dismiss for failure to state claim, [5-2] motion for partial summary judgment, filed (bchurchill) (Entered: 12/20/2001)	RECAP
7	Nov. 8, 2001	MOTION to dismiss for failure to state claim, or alternatively for partial summary judgment regarding pltfs wrongful discharge claim by Quietflex Manufactur, Quietflex Holding Co, Motion Docket Date, filed. (bchurchill) (Entered: 12/20/2001)	RECAP
8	Nov. 8, 2001	MEMORANDUM by Quietflex Manufactur, Quietflex Holding Co, Goodman Manufacturin, Goodman Holding Co in support of [7-1] motion to dismiss for failure to state claim, [7-2] motion for partial summary judgment regarding pltfs wrongful discharge claim, filed (bchurchill) (Entered: 12/20/2001)	RECAP
9	Nov. 9, 2001	RETURN OF SERVICE executed as to Goodman Manufacturin 10/19/01 by personal service, filed. (bchurchill) (Entered: 12/20/2001)	RECAP
10	Nov. 9, 2001	RETURN OF SERVICE executed as to Goodman Holding Co 10/19/01 by personal service, filed. (bchurchill) (Entered: 12/20/2001)	RECAP
11	Nov. 9, 2001	RETURN OF SERVICE executed as to Quietflex Holding Co 10/19/01 by personal service, filed. (bchurchill) (Entered: 12/20/2001)	RECAP
12	Nov. 9, 2001	RETURN OF SERVICE executed as to Quietflex Holding Co 10/22/01 by personal service, filed. (bchurchill) (Entered: 12/20/2001)	RECAP
13	Nov. 21, 2001	MOTION with memorandum in support for leave to file amended complaint by Fermin Colindres, Lazaro Garcia, Ector Lopez, Jose A Marquez, Fernando Gonzalez, Juan Casanova, Motion Docket Date, filed. (bchurchill) (Entered: 12/20/2001)	RECAP
14	Nov. 21, 2001	BRIEF in opposition to [3-1] motion to transfer case by Fermin Colindres, Lazaro Garcia, Ector Lopez, Jose A Marquez, Fernando Gonzalez, Juan Casanova, filed. (bchurchill) (Entered: 12/20/2001)	RECAP
15	Nov. 21, 2001	RESPONSE by Fermin Colindres, Lazaro Garcia, Ector Lopez, Jose A Marquez, Fernando Gonzalez, Juan Casanova in opposition to [5-1] motion to dismiss for failure to state claim, [3-1] motion to transfer case, filed (bchurchill) (Entered: 12/20/2001)	RECAP
16	Nov. 21, 2001	BRIEF in opposition to [7-1] motion to dismiss for failure to state claim, [7-2] motion for partial summary judgment regarding pltfs wrongful discharge claim by Fermin Colindres, Lazaro Garcia, Ector Lopez, Jose A Marquez, Fernando Gonzalez, Juan Casanova, filed. (bchurchill) (Entered: 12/20/2001)	RECAP
	Nov. 21, 2001	Rec'd pltf's first amende complaint (bchurchill)
17	Nov. 27, 2001	ORDER granting [3-1] motion to transfer case to the Southern District of Texas, entered; Parties notified. (bchurchill) (Entered: 12/20/2001)	RECAP
18	Nov. 27, 2001	ORDER transferring case to the Southern District of Texas, entered; Parties notified. (bchurchill) (Entered: 12/20/2001)	RECAP
	Nov. 27, 2001	Case Closed (bchurchill)
	Dec. 13, 2001	Original file, certified copy of transfer order and docket sheet received from District of San Antonio Original case # 01-cv-925 (bchurchill)
19	Dec. 19, 2001	Order setting Initial Pretrial and Scheduling Conference on 8:45 4/26/02 before Judge Lee H. Rosenthal and Order to Disclose Interested Persons, filed. Parties notified. (bchurchill) (Entered: 12/20/2001)	RECAP
20	Jan. 4, 2002	CERTIFICATE OF INTERESTED PARTIES by Defts Quietflex Manufactur, Quietflex Holding Co, Goodman Manufacturin, and Goodman Holding Co, filed. (fmremp) (Entered: 01/07/2002)	RECAP
21	Jan. 10, 2002	MOTION for Leticia Saucedo to appear pro hac vice by Pltfs Fermin Colindres, Lazaro Garcia, Ector Lopez, Jose A Marquez, Fernando Gonzalez and Juan Casanova, Motion Docket Date 1/30/02 [21-1] motion, filed. (fmremp) Modified on 01/10/2002 (Entered: 01/10/2002)	RECAP
22	Jan. 10, 2002	CERTIFICATE OF INTERESTED PARTIES by Pltfs Fermin Colindres, Lazaro Garcia, Ector Lopez, Jose A Marquez, Fernando Gonzalez and Juan Casanova, filed. (fmremp) (Entered: 01/10/2002)	RECAP
23	Jan. 11, 2002	UNOPPOSED LOCAL RULE 83.1K MOTION to appear as attorney in charge by Liticia Saucedo, Attorney for Pltfs Fermin Colindres, Lazaro Garcia, Ector Lopez, Jose A Marquez, Fernando Gonzalez, and Juan Casanova, Motion Docket Date 1/31/02 [23-1] motion, filed. (fmremp) (Entered: 01/14/2002)	RECAP
24	Jan. 11, 2002	ORDER granting [21-1] motion for Leticia Saucedo to appear pro hac vice for Pltfs Colindres, etal pursuant to L. R. 1, entered. Parties ntfd. ( Signed by Judge Lee H. Rosenthal ) (fmremp) (Entered: 01/14/2002)	RECAP
25	Jan. 15, 2002	ORDER granting [23-1] motion for Leticia Saucedo to appear as attorney in charge for Pltfs, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (fmremp) Modified on 01/31/2002 (Entered: 01/16/2002)	RECAP
26	Jan. 17, 2002	AGREED MOTION to substitute attorney Paul Dobrowski as Attorney in in place of Fraser McAlpine by Defts Quietflex Manufactur, Quietflex Holding Co, Goodman Mfg, Goodman Holding Co, filed. (fmremp) (Entered: 01/18/2002)	RECAP
27	Jan. 24, 2002	ORDER granting [26-1] agreed motion to substitute attorney Paul Dobrowski as Attorney in in place of Fraser McAlpine Added Paul J Dobrowski, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (fmremp) (Entered: 01/24/2002)	RECAP
28	Feb. 20, 2002	JOINT MOTION to consolidate cases 01-4319 and 01-4323, by Fermin Colindres, Lazaro Garcia, Ector Lopez, Quietflex Manufactur, Quietflex Holding Co, filed (psmith) (Entered: 02/21/2002)	RECAP
29	Feb. 20, 2002	Notice of change of address by Paul Dobrowski, attorney for Quietflex Manufactur, Quietflex Holding Co, filed. (psmith) (Entered: 02/21/2002)	RECAP
30	Feb. 25, 2002	ORDER granting the [28-1] joint motion to consolidate cases 01-4319 and 01-4323. Civil Action 01-4323 is CONSOLIDATED with 01-4319. LEAD CASE No. 01-4319. A certified copy of this order entered in Member Case 01-4323. Parties notified. ( signed Judge Lee H. Rosenthal ) (psmith) (Entered: 02/26/2002)	RECAP
	Feb. 25, 2002	Consolidated Lead Case (psmith)
31	March 8, 2002	RESPONSE by Jose P Aleman et al to defts' [5-1] and [7-1] motions to dismiss, filed. (ltien) (Entered: 03/29/2002)	RECAP
32	March 8, 2002	Rule 56(f) DECLARATION of Leticia M Saucedo Re: Jose P Aleman et al's [31-1] response to defts' motion to dismiss, filed. (ltien) (Entered: 03/29/2002)	RECAP
33	March 28, 2002	Consent Forms submitted for FLSA collective action by Juan Casanova, Fermin Colindres, Lazaro Garcia, Fernando Gonzalez, Ector Lopez, Jose A Marquez, filed (ltien) (Entered: 03/29/2002)	RECAP
34	April 5, 2002	UNOPPOSED MOTION to substitute attorney J Richard Hammett by Quietflex Manufactur, Quietflex Holding Co, Goodman Manufacturin, Motion Docket Date 4/25/02 [34-1] motion, filed. (psmith) (Entered: 04/08/2002)	RECAP
35	April 5, 2002	UNOPPOSED MOTION for Gerald Maatman to appear pro hac vice by Quietflex Manufactur, Quietflex Holding Co, Goodman Manufacturin, Motion Docket Date 4/25/02 [35-1] motion, filed. (psmith) (Entered: 04/08/2002)	RECAP
36	April 11, 2002	ORDER granting [35-1] motion for Gerald Maatman to appear pro hac vice for Defts Quiet Flex Mfg Co, QuietFlex Holding Co, Goodman Mfg Co and GP Goodman Holding Co, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (fmremp) Modified on 04/12/2002 (Entered: 04/12/2002)	RECAP
37	April 11, 2002	ORDER granting [34-1] unopposed motion to substitute attorney J Richard Hammett for all Defts, Paul Drbrowski is permitted to withdraw as counsel of record, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (fmremp) (Entered: 04/12/2002)	RECAP
38	April 16, 2002	JOINT DISCOVERY/Case Management Plan by Pltfs and Defts, filed (fmremp) (Entered: 04/18/2002)	RECAP
39	April 22, 2002	ORDER that the initial pretrial conference set for 4/26/02 is CANCELED, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (fmremp) (Entered: 04/23/2002)	RECAP
40	April 22, 2002	SCHEDULING AND DOCKET CONTROL ORDER: Mediation/ADR 5/2/03; Motions to Add New Parties and Amendments to Pleadings 11/1/02 ; Designation of Pltf's Expert Witnesses 2/14/03 and Deft's by 3/28/03 ; Completion of Discovery 6/27/03 Pretrial Motions deadline 7/25/03 ; Joint Pretrial Order and Motion in Limine 9/19/03 ; Docket Call set for 2:00 pm on 9/26/03 before Judge Rosenthal, entered. Parties notified. ( Signed by Judge Lee H. Rosenthal ) (fmremp) (Entered: 04/23/2002)	RECAP
	April 22, 2002	Deadline updated; Motions to Certify Class 1/10/03 (fmremp)
41	May 6, 2002	NOTICE OF WITHDRAWAL by Mr Kaufmann for Pltfs Fermin Colindres, etals, filed (fmremp) (Entered: 05/10/2002)	RECAP
42	May 9, 2002	ORDER that Albert H Kauffman may withdraw from representing Pltfs, Fermin Colindres, etal inthis cause, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (fmremp) (Entered: 05/10/2002)	RECAP
43	May 14, 2002	CONSENT FORMS Submitted For FLSA Collective Action, by Jose A Marquez, Fernando Gonzalez, et al, filed (psmith) (Entered: 05/15/2002)	RECAP
45	June 21, 2002	INITIAL DISCLOSURES by Defts Quietflex Manufactur et al, filed. (sjones) (Entered: 06/25/2002)	RECAP
44	June 22, 2002	MEMORANDUM AND OPINION denying idefts' [5-1] motion to dismiss for failure to state claim denying [5-2] motion for partial summary judgment; denying defts' [7-1] motion to dismiss for failure to state claim denying [7-2] motion for partial summary judgment regarding pltfs wrongful discharge claim and granting pltf's [13-1] motion for leave to file amended complaint, entered. Parties notified. ( signed by Judge Lee H. Rosenthal ) (sguevara) (Entered: 06/24/2002)	RECAP
46	June 25, 2002	SECOND SUPPLEMENTAL CONSENT FORMS Submitted For FLSA Collective Action, by Jose P Aleman, Fermin Colindres, Lazaro Garcia, filed (kprice) (Entered: 06/28/2002)	RECAP
47	July 18, 2002	FIRST AMENDED COMPLAINT by Pltfs Fermin Colindres, Lazaro Garcia, Ector Lopez, Jose A Marquez, Fernando Gonzalez, Juan Casanova,(Answer due 7/28/02 for Goodman Holding Co, for Goodman Manufacturin, for Quietflex Holding Co, for Quietflex Manufactur ) amending Pltfs'[1-1] complaint, filed. (sjones) (Entered: 07/18/2002)	RECAP
48	Aug. 5, 2002	ANSWER by Quietflex Manufactur, Quietflex Holding Co, Goodman Manufacturin, Goodman Holding Co to first amended complaint, filed. (hlerma) (Entered: 08/06/2002)	RECAP
49	Sept. 26, 2002	MOTION to intervene by EEOC by EEOC, Motion Docket Date 10/16/02 [49-1] motion, filed. (kprice) (Entered: 09/26/2002)	RECAP
50	Sept. 26, 2002	MEMORANDUM by EEOC in support of [49-1] motion to intervene by EEOC, filed (kprice) (Entered: 09/26/2002)	RECAP
51	Sept. 26, 2002	COMPLAINT in INTERVENTION by EEOC against plaintiff Fermin Colindres, defendant Quietflex Manufactur, defendant Manufacturin, filed (kprice) (Entered: 09/26/2002)	RECAP
52	Oct. 16, 2002	ANSWER by Quietflex Manufactur, Quietflex Holding Co, Goodman Manufacturin, Goodman Holding Co to EEOC's [51-1] Complaint in Intervention, filed. (psmith) (Entered: 10/18/2002)	RECAP
53	Oct. 16, 2002	RESPONSE by Quietflex Manufactur, Quietflex Holding Co, Goodman Manufacturin, Goodman Holding Co in opposition to [49-1] motion to intervene by EEOC, filed (psmith) (Entered: 10/18/2002)	RECAP
54	Oct. 25, 2002	REPLY by EEOC to opposition response to [49-1] motion to intervene by EEOC, filed (hlerma) (Entered: 10/28/2002)	RECAP
55	Nov. 1, 2002	PLTFS' SECOND AMENDED COMPLAINT by Fermin Colindres, (Answer due 11/11/02 for Quietflex Manufactur, for Quietflex Holding Co, for Goodman Manufacturin, for Goodman Holding Co) amending [1-1] complaint, filed. (ddarneille) (Entered: 11/04/2002)	RECAP
56	Nov. 18, 2002	ANSWER by Quietflex Manufactur, Quietflex Holding Co, Goodman Manufacturin, Goodman Holding Co to pltfs' second amended complaint, filed. (sguevara) (Entered: 11/19/2002)	RECAP
57	Dec. 4, 2002	MEMORANDUM AND OPINION granting EEOC's [49-1] motion to intervene by EEOC, entered. Parties notified. ( signed by Judge Lee H. Rosenthal ) (sguevara) (Entered: 12/04/2002)	RECAP
58	Dec. 20, 2002	JOINT MOTION to modify scheduling order, by Fermin Colindres, Lazaro Garcia, Quietflex Manufactur, Quietflex Holding Co, filed (psmith) (Entered: 12/23/2002)	RECAP
59	Dec. 20, 2002	UNOPPOSED MOTION for David Kahne to withdraw as attorney, by Fermin Colindres, Lazaro Garcia, Ector Lopez, Motion Docket Date 1/9/03 [59-1] motion, filed. (psmith) (Entered: 12/23/2002)	RECAP
60	Jan. 6, 2003	ORDER granting [59-1] unopposed motion for David Kahne to withdraw as attorney for pltfs, entered; The Mexican American Legal Defense and Education Fund, Inc. will continue to represent all pltfs, with Leticia M. Saucedo as atty in charge. Parties notified. ( signed by Judge Lee H. Rosenthal ) (sguevara) (Entered: 01/06/2003)	RECAP
61	Jan. 6, 2003	ORDER setting Mediation deadline 8/29/03; Pltf designation of experts due: 6/13/03; Deft designation of experts due: 8/1/03 ; Discovery cutoff 10/24/03; Deadline for filing all dispositive motions 11/21/03; Deadline for filing non-dispositive motions 11/21/03; Joint Pretrial order and motions in limine due: 1/16/04; Docket call: 1/30/04; granting [58-1] joint motion to modify scheduling order; motion to certify class: 5/9/03 before Judge Lee H. Rosenthal, entered. Parties notified. ( Signed by Judge Lee H. Rosenthal ) (sguevara) (Entered: 01/06/2003)	RECAP
	Jan. 6, 2003	Deadline updated; motion to certify class due: 5/9/03 (sguevara)
62	Jan. 22, 2003	UNOPPOSED MOTION for substitution of counsel: John L. Collins in place of J. Richard Hammett, and to change address of Gerald L. Maatman, Jr. by Quietflex Manufactur, Quietflex Holding Co, Goodman Manufacturin, Goodman Holding Co, Motion Docket Date 2/11/03 [62-1] motion, 2/11/03 [62-2] motion, filed. (sguevara) (Entered: 01/22/2003)	RECAP
63	Jan. 23, 2003	ORDER granting defts' [62-1] unopposed motion for substitution of counsel: John L. Collins in place of J. Richard Hammett Added John L Collins granting [62-2] motion to change address of Gerald L. Maatman, Jr., entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (sguevara) (Entered: 01/23/2003)	RECAP
	Feb. 28, 2003	Rec'd and frwd to CRD: (Proposed) stipulation and protective order (sguevara)
64	March 5, 2003	STIPULATION AND PROTECTIVE ORDER, entered. Parties ntfd. ( Signed by Judge Lee H. Rosenthal ) (sguevara) (Entered: 03/06/2003)	RECAP
65	April 8, 2003	UNOPPOSED MOTION to extend deadline for motion to certify a class, by Fermin Colindres, Lazaro Garcia, Ector Lopez, Motion Docket Date 4/28/03 [65-1] motion, filed. (psmith) (Entered: 04/09/2003)	RECAP
66	April 10, 2003	ORDER granting pltf's [65-1] unopposed motion to extend deadline for motion to certify a class Set motion for class certification due for 7/8/03, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (amaly) (Entered: 04/11/2003)	RECAP
67	May 29, 2003	JOINT MOTION to modify scheduling order, by Fermin Colindres, Lazaro Garcia, Quietflex Manufactur, Quietflex Holding Co, filed (psmith) (Entered: 05/30/2003)	RECAP
68	May 29, 2003	ORDER, entered; the party seeking to compel additional responses to the discovery requests if ordered to file a motion and brief no later than June 20, 2003. Opposing counsel may file a responsive brief no later than July 11, 2003. Parties notified. ( signed by Judge Lee H. Rosenthal ) (sguevara) (Entered: 05/30/2003)	RECAP
69	June 3, 2003	MODIFIED SCHEDULING ORDER setting motion to certify class deadline: 8/7/03; Mediation deadline: 11/27/03; Pltf designation of experts due: 9/11/03 ; Deft designation of experts due: 10/30/03; Discovery cutoff 1/22/04; Deadline for pretrial motions 2/19/04; Joint Pretrial order to be submitted on or before 4/16/04; Docket call is set for 2:00 pm on 4/30/04 and granting [67-1] joint motion to modify scheduling order before Judge Lee H. Rosenthal, entered. Parties notified. ( Signed by Judge Lee H. Rosenthal ) (sguevara) Modified on 06/05/2003 (Entered: 06/03/2003)	RECAP
	June 5, 2003	Deadline updated; dispositive motion filing deadline for 2/19/04 (sguevara)
70	June 19, 2003	MOTION SEALED, filed. (sguevara) (Entered: 06/23/2003)	RECAP
71	June 25, 2003	ORDER FOR HEARING setting a hearing on deft's motion to compel for 9:00 am on 7/31/03 before Judge Lee H. Rosenthal, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (sguevara) (Entered: 06/26/2003)	RECAP
72	July 11, 2003	MOTION for protective order in response and in opposition to defts' motion to compel pltfs and proposed class representatives to answer deposition questions by Fermin Colindres, Lazaro Garcia, Motion Docket Date 7/31/03 [72-1] motion, filed. (sguevara) (Entered: 07/14/2003)	RECAP
73	July 11, 2003	RESPONSE by EEOC to deft's motion to compel, filed. (sguevara) (Entered: 07/15/2003)	RECAP
74	July 29, 2003	SEALED RESPONSE placed in vault, filed. (sguevara) (Entered: 07/31/2003)	RECAP
75	July 29, 2003	REPLY by Quietflex Manufacturing Co LP to EEOC's response to [70-1] sealed motion, filed (ltien) (Entered: 08/01/2003)	RECAP
76	July 31, 2003	Minute entry: HEARING held on defts motion to compel discovery. Apps: L Saucedo; J Collins; E Sullivan; T Bowne. The [70-1] sealed motion to compel discovery is granted in part and denied in part. Counsel for the parties will submit an agreed proposed order by 8/8/03 . Pltfs motion to certify class action due 8/7/03; defts response to the motion due 10/3/03. A hearing on class certification is set for 9:00 11/21/03 . Ct Reporter: E Reed . (psmith) (Entered: 08/05/2003)	RECAP
77	Aug. 4, 2003	NOTICE of withdrawal and substitution of atty in charge by Leticia Saucedo for Fermin Colindres, Lazaro Garcia et al, filed (sguevara) (Entered: 08/07/2003)	RECAP
79	Aug. 5, 2003	TRANSCRIPT OF PROCEEDINGS of Motion hearing held 7/31/03 before Judge Lee H. Rosenthal, filed. ( Court Rptr: Edward L. Reed) (loose in file) (sguevara) Modified on 08/08/2003 (Entered: 08/08/2003)	RECAP
78	Aug. 7, 2003	ORDER granting pltfs' [77-1] notice to withdraw as counsel, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (sguevara) (Entered: 08/08/2003)	RECAP
80	Aug. 7, 2003	SEALED Motion for Class Certification, filed. (psmith) (Entered: 08/11/2003)	RECAP
81	Aug. 7, 2003	SEALED Memorandum in Support placed in vault, filed. (psmith) (Entered: 08/11/2003)	RECAP
82	Aug. 18, 2003	MOTION for voluntary dismissal of claims by Jose A Marquez, Claudia Villagomez, Gabriel Tovar, Motion Docket Date 9/7/03 [82-1] motion, filed. (tward) (Entered: 08/19/2003)	RECAP
83	Aug. 20, 2003	ORDER granting pltfs Marquez, Villagomez and Tovar's [82-1] motion for voluntary dismissal of claims, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (sguevara) (Entered: 08/20/2003)	RECAP
84	Aug. 22, 2003	ORDER; defts' response to pltf's motion for class certification is due 10/3/03, entered; defts' deadline to designate rebuttal experts to pltfs' class certification experts is 10/3/03; the court will hold a hearing on pltfs' motion for class certification on 11/21/03 at 9 am. Parties notified. ( signed by Judge Lee H. Rosenthal ) (sguevara) (Entered: 08/25/2003)	RECAP
85	Aug. 29, 2003	MOTION for summary judgment against Pedro Garcia Diaz by Quietflex Manufactur, Quietflex Holding Co, Goodman Manufacturin, Goodman Holding Co, Motion Docket Date 9/18/03 [85-1] motion, filed. (sguevara) (Entered: 09/02/2003)	RECAP
86	Aug. 29, 2003	MOTION for summary judgment against Juan Sanchez Villalobos by Quietflex Manufactur, Quietflex Holding Co, Goodman Manufacturin, Goodman Holding Co, Motion Docket Date 9/18/03 [86-1] motion, filed. (sguevara) (Entered: 09/02/2003)	RECAP
87	Aug. 29, 2003	MOTION for summary judgment against Dora Hernandez by Quietflex Manufactur, Quietflex Holding Co, Goodman Manufacturin, Goodman Holding Co, Motion Docket Date 9/18/03 [87-1] motion, filed. (sguevara) (Entered: 09/02/2003)	RECAP
88	Aug. 29, 2003	MOTION for summary judgment against Luz Sifuentes by Quietflex Manufactur, Quietflex Holding Co, Goodman Manufacturin, Goodman Holding Co, Motion Docket Date 9/18/03 [88-1] motion, filed. (sguevara) (Entered: 09/02/2003)	RECAP
89	Sept. 10, 2003	JOINT MOTION to modify scheduling order by Fermin Colindres, Lazaro Garcia, et al, Quietflex Manufactur, Quietflex Holding Co, et al, EEOC, filed (sguevara) (Entered: 09/12/2003)	RECAP
90	Sept. 16, 2003	AMENDED SCHEDULING ORDER setting Mediation deadline 1/26/04; Pltf expert witness list submitted by 11/10/03 ; Deft expert witness list submitted by 12/29/03 ; Discovery cutoff 3/22/04 ; Deadline for filing all dispositive motions 4/19/04 ; Deadline for filing non-dispositive motions 4/19/04; Joint Pretrial order to be submitted on or before 6/15/04; Docket call is set for 2:00 pm on 6/25/04; granting [89-1] joint motion to modify scheduling order; a hearing on pltfs' motion for class certification is set for 1/20/04 at 9 am before Judge Lee H. Rosenthal before Judge Lee H. Rosenthal, entered. Parties notified. ( Signed by Judge Lee H. Rosenthal ) (sguevara) (Entered: 09/16/2003)	RECAP

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Case Details

State / Territory:

Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Private Employment Class Actions

Key Dates

Filing Date: Oct. 10, 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Latino workers fired after protesting against their former employer for its national origin-based discrimination in pay and working conditions.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

MALDEF

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Private Entity/Person

Quietflex Manufacturing

Defendant Type(s):

Retailer

Case Details

Causes of Action:

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

Other Dockets:

Southern District of Texas 4:01-cv-04319

Southern District of Texas 4:01-cv-04323

Western District of Texas 5:01-cv-00925

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $2,800,000

Order Duration: 2007 - 2010

Issues

General/Misc.:

Pattern or Practice

Retaliation

Discrimination Area:

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

Discipline

Disparate Treatment

Pay / Benefits

Discrimination Basis:

National origin discrimination

Race discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Indian

Affected Sex/Gender(s):

Female

Male

Recommended Citation

Case Summary of Colindres v. Quietflex Manufacturing, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/8887/ (last updated 10/30/2016).