Case: EEOC v. TXI Operations, LP, d/b/a TXI - Boulder

1:05-cv-00969 | U.S. District Court for the District of Colorado

Filed Date: May 27, 2005

Closed Date: Nov. 1, 2006

Clearinghouse coding complete

Case Summary

The Denver office of the EEOC brought this action in the U.S. District Court for the District of Colorado, against TXI Operations, d/b/a TXI- Boulder. The complaint was filed in May 2005 and in November 2006 the case was dismissed pursuant to a settlement agreement. We do not have the complaint or the agreement, but according to the stipulation for dismissal, the EEOC alleged that charging party was subjected to a hostile work environment based on race, color, and national origin, and was fired in retaliation for complaining about this and due to his race, African-American.

Summary Authors

Shankar Viswanathan (7/26/2007)

Documents in the Clearinghouse

Document

1:05-cv-00969

Docket

EEOC v. TXI Operations, LP

Nov. 1, 2006

Nov. 1, 2006

Docket
26

1:05-cv-00969

Stipulated Motion to Dismiss

EEOC v. TXI Operations, LP

Nov. 1, 2006

Nov. 1, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4699575/equal-employment-opportunity-commission-v-txi-operations-lp/

Last updated Aug. 1, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT and Jury Trial Demand against TXI Operations, LP Summons Issued, filed by Equal Employment Opportunity Commission.(bpm, ) (Entered: 05/31/2005)

May 27, 2005

May 27, 2005

9

ORDER denying 2 Motion to Consolidate Cases 04-cv-2053-EWN-MJW and 05-cv-969-LTB-OES . Signed by Judge Edward W. Nottingham on 7/28/05. (gms, )

July 28, 2005

July 28, 2005

RECAP
20

MINUTE ORDER granting 18 Joint Motion for Expedited Entry of Stipulated Protective Order, by Magistrate Judge Michael E. Hegarty on 06/05/06. (rlp, )

June 5, 2006

June 5, 2006

RECAP
2

MOTION to Consolidate by Plaintiff Equal Employment Opportunity Commission. (bpm, ) (Entered: 05/31/2005)

May 27, 2005

May 27, 2005

3

Joint STATUS REPORT regarding date for response to motion to consolidate by Defendant TXI Operations, LP. with the concurrence of counsel for plaintiff EEOC. (djs, ) (Entered: 06/17/2005)

June 17, 2005

June 17, 2005

21

PROTECTIVE ORDER to protect the discovery and dissemination of personnel and medical files, trade secret or confidential research, development or commercial information, Signed by Judge Michael E. Hegarty on 06/05/06. (rlp, )

June 5, 2006

June 5, 2006

RECAP
4

TXI Operations, LP's ANSWER to Complaint of EEOC by TXI Operations, LP.(Leh, Christopher) (Entered: 06/30/2005)

June 30, 2005

June 30, 2005

5

BRIEF in Opposition re [2] MOTION to Consolidate Cases filed by Defendant TXI Operations, LP. (Attachments: # 1 Exhibit 1 Charge of Discrimination# 2 Exhibit 2 Letter from CCRD# 3 Exhibit 3 EEOC Determination# 4 Exhibit 4 EEOC Amended Determination# 5 Exhibit 5 Feiner Deposition Excerpts# 6 Exhibit 6. Jones Deposition Excerpts# 7 Exhibit 7. EEOC v. Pan Am World Airways)(Leh, Christopher) (Entered: 06/30/2005)

June 30, 2005

June 30, 2005

6

MOTION for Extension of Time to File Answer by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 07/18/2005)

July 18, 2005

July 18, 2005

7

Minute ORDER granting Pla's 6 Motion for Extension of Time to File Reply in Support of [2] MOTION to Consolidate Cases to 7/25/05, by Judge Lewis T. Babcock on 7/19/05. (gms, ) (Entered: 07/19/2005)

July 19, 2005

July 19, 2005

8

REPLY to Response to Motion re [2] MOTION to Consolidate Cases filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Deposition Excerpts Ex. 1, Jones deposition)(Kittle, Rita) (Entered: 07/25/2005)

July 25, 2005

July 25, 2005

10

ORDER REFERRING CASE to Magistrate Judge O. Edward Schlatter by Judge Babcock. (gms, ) (Entered: 02/01/2006)

Feb. 1, 2006

Feb. 1, 2006

11

MINUTE ORDER For Scheduling/Planning Conference set for 5/15/2006 09:15 AM before Magistrate Judge O. Edward Schlatter, by Magistrate Judge O. Edward Schlatter on 02/03/06. (rlp, ) (Entered: 02/03/2006)

Feb. 3, 2006

Feb. 3, 2006

12

NOTICE of Entry of Appearance - Kim R. Rogers by Kim Rene Rogers on behalf of Equal Employment Opportunity Commission (Rogers, Kim) (Entered: 02/08/2006)

Feb. 8, 2006

Feb. 8, 2006

13

REASSIGNING MAGISTRATE JUDGE. Upon the retirement of Magistrate Judge O. Edward Schlatter, this case has been reassigned and is now referred to Michael E. Hegarty, effective February 15, 2006. All future pleadings should reference Magistrate Judge Hegarty at the end of the civil action number (such as 05-cv-00500-LTB-MEH). The dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Hegarty in Courtroom A601. His chambers are located in Room A651. His telephone number is 303-844-4507. (Text only entry - no document attached) (gms, ) (Entered: 02/08/2006)

Feb. 8, 2006

Feb. 8, 2006

14

Proposed Scheduling Order by Defendant TXI Operations, LP. (Leh, Christopher) (Entered: 05/09/2006)

May 9, 2006

May 9, 2006

15

SCHEDULING ORDER: Discovery due by 11/15/2006. Dispositive Motions due by 12/15/2006. Settlement Conference set for 9/12/2006 10:00 AM before Magistrate Judge Michael E. Hegarty. Final Pretrial Conference set for 2/13/2007 09:00 AM before Magistrate Judge Michael E. Hegarty, Signed by Judge Michael E. Hegarty on 05/15/06. (rlp, ) (Entered: 05/15/2006)

May 15, 2006

May 15, 2006

16

Minute Entry/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 5/15/2006.Confidential Settlement Statements due by 9/5/2006. Settlement Conference set for 9/12/2006 10:00 AM in Courtroom A 601 before Magistrate Judge Michael E. Hegarty. Proposed Pretrial Order due by 2/6/2007. Final Pretrial Conference set for 2/13/2007 09:00 AM in Courtroom A 601 before Magistrate Judge Michael E. Hegarty. (Court Reporter FTR - C. Coomes.) (mehcd) (Entered: 05/15/2006)

May 15, 2006

May 15, 2006

17

MINUTE ORDER setting Jury Trial for 10/15/2007 08:00 AM in Courtroom A 201 before Chief Judge Lewis T. Babcock. Final Trial Preparation Conference set for 9/19/2007 at 08:00 AM before Chief Judge Lewis T. Babcock, by Judge Lewis T. Babcock on 05/17/06. (rlp, ) (Entered: 05/17/2006)

May 17, 2006

May 17, 2006

18

Stipulated MOTION for Protective Order -Expedited by Defendant TXI Operations, LP. (Attachments: # 1 Proposed Order (PDF Only))(Leh, Christopher) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

19

MEMORANDUM referring to Magistrate Judge Hegarty : 18 Stipulated MOTION for Protective Order -Expedited filed by TXI Operations, LP, by Judge Lewis T. Babcock on 06/01/06. (Text Only Entry - No Document Attached)(rlp, ) (Entered: 06/01/2006)

June 1, 2006

June 1, 2006

22

Unopposed MOTION For Extension of Time to RESPOND TO PLAINTIFF?S SECOND SET OF CONSOLIDATED DISCOVERY AND CERTIFICATE OF COMPLIANCE WITH LOCAL RULES 6.1 AND 7.1 by Defendant TXI Operations, LP. (Attachments: # 1 Proposed Order (PDF Only))(Gutierrez, Steven) (Entered: 08/28/2006)

Aug. 28, 2006

Aug. 28, 2006

23

MEMORANDUM referring to Magistrate Judge Hegarty : 22 Unopposed MOTION For Extension of Time to RESPOND TO PLAINTIFF?S SECOND SET OF CONSOLIDATED DISCOVERY AND CERTIFICATE OF COMPLIANCE WITH LOCAL RULES 6.1 AND 7.1 filed by TXI Operations, LP, by Judge Lewis T. Babcock on 08/29/06. (Text Only Entry - No Document Attached) (rlp2, ) (Entered: 08/29/2006)

Aug. 29, 2006

Aug. 29, 2006

24

MINUTE ORDER granting 22 Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiff?s second Set of Consolidated Discovery, Defendant's responses are to be submitted on or before September 11, 2006 by Magistrate Judge Michael E. Hegarty on 08/30/06. (rlp, ) (Entered: 08/30/2006)

Aug. 30, 2006

Aug. 30, 2006

25

MINUTE ORDER: By agreement of the parties, the settlement conference is hereby vacated. Signed by Judge Michael E. Hegarty on 09/12/06. (rlp2, ) (Entered: 09/12/2006)

Sept. 12, 2006

Sept. 12, 2006

26

Stipulated MOTION to Dismiss Without Prejudice by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Rogers, Kim) (Entered: 10/31/2006)

Oct. 31, 2006

Oct. 31, 2006

27

ORDER DISMISSING CASE per 26 the Stipulated Motion to DismissWithout Prejudice Pursuant to Fed.R.Civ.P. 41(a)(1)(II), this matter shall be DISMISSED WITHOUT PREJUDICE, eachparty to pay their own fees and costs. Signed by Judge Lewis T. Babcock on 11/01/06. (rlp2, )

Nov. 1, 2006

Nov. 1, 2006

RECAP

Case Details

State / Territory: Colorado

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: May 27, 2005

Closing Date: Nov. 1, 2006

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

TXI Operations, LP, Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits