Case: EEOC v. Norwest Financial Texas, Inc. d/b/a Wells Fargo

5:02-cv-00544 | U.S. District Court for the Western District of Texas

Filed Date: June 7, 2002

Closed Date: Oct. 31, 2003

Clearinghouse coding complete

Case Summary

In June 2002, the San Antonio District Office of the EEOC filed this lawsuit against financial services company Norwest Financial Texas, Inc., doing business as Wells Fargo Financial Texas, Inc., in the U.S. District Court for the Western District of Texas, alleging the defendant violated the Age Discrimination in Employment Act of 1967 by failing to hire a 51-year-old applicant for a management trainee position and instead hiring eight other people with inferior credentials. We do not have a copy of the complaint; therefore, the exact allegations are unknown. Following some discovery, the parties settled the lawsuit in October 2003 through a consent decree.

The 2 year consent decree, containing an anti-discrimination provision, required the defendant to comply with the ADEA's record keeping provisions, provide training to management employees, post notice, and pay $130,000 to two individuals.

Summary Authors

Daisy Manning (5/14/2008)

Documents in the Clearinghouse

Document

5:02-cv-00544

Docket (PACER)

EEOC v. Norwest Financial

Nov. 5, 2003

Nov. 5, 2003

Docket
44

5:02-cv-00544

Final Judgment Order Entering Consent Decree

EEOC v. Wells Fargo Financial Texas, Inc. f/k/a Norwest Financial Texas, Inc.

Oct. 31, 2003

Oct. 31, 2003

Order/Opinion
45

5:02-cv-00544

Amended Final Judgment Order Entering Consent Decree & Consent Decree

EEOC v. Wells Fargo Financial Texas, Inc. f/k/a Norwest Financial Texas, Inc.

Nov. 5, 2003

Nov. 5, 2003

Settlement Agreement

5:02-cv-00544

EEOC Litigation Settlements - October 2003

EEOC v. Wells Fargo Financial Texas, Inc., f/k/a Norwest Financial Texas, Inc.

No Court

Jan. 26, 2004

Jan. 26, 2004

Press Release

5:02-cv-00544

Office of General Counsel FY 2004 Annual Report - Summary of Accomplishments

EE0C v. Wells Fargo Financial Texas, Inc., f/k/a Norwest Financial Texas, Inc.

No Court

Oct. 18, 2005

Oct. 18, 2005

Press Release

Resources

Docket

Last updated July 20, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link

Case assigned to Honorable Docket IV (ct) (Entered: 06/10/2002)

June 7, 2002

June 7, 2002

1

Complaint filed. (Pages: 5) (ct) (Entered: 06/10/2002)

June 7, 2002

June 7, 2002

1

Demand for jury trial by EEOC (ct) (Entered: 06/10/2002)

June 7, 2002

June 7, 2002

2

Waiver of Service by Norwest Financial; Notice and Request Mailed on 6/12/02; Answer due on 8/12/02 for Norwest Financial (rg) (Entered: 07/16/2002)

July 15, 2002

July 15, 2002

3

Answer by Norwest Financial (rg) (Entered: 08/12/2002)

Aug. 9, 2002

Aug. 9, 2002

4

"ORDER" Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge within thirty (30) days of the date of the filing of this Order. (rg) (Entered: 08/22/2002)

Aug. 21, 2002

Aug. 21, 2002

5

ORDERED that the plaintiff confer with the defendant(s) to submit a proposed scheduling order to the Court for consideration by 10/9/02. (rg) (Entered: 08/22/2002)

Aug. 21, 2002

Aug. 21, 2002

(Court only) Deadline updated ; set scheduling recommendations for 10/9/02 (mj) (Entered: 09/12/2002)

Aug. 21, 2002

Aug. 21, 2002

6

Consent to trial by Magistrate by EEOC (rg1) (Entered: 09/12/2002)

Sept. 11, 2002

Sept. 11, 2002

PROPOSED Joint Scheduling order submitted for consideration. Original order forwarded to chambers. (mj) (Entered: 11/08/2002)

Oct. 9, 2002

Oct. 9, 2002

8

SCHEDULING ORDER setting Joining of parties, amending of pleadings on 1/31/03 Deadline for filing dispositive motions 9/30/03 Discovery cutoff 8/29/03 Alternate Dispute Resolution Report due by 1/2/03 Jury Selection set for 9:00 12/8/03 Jury trial set for 9:00 12/8/03 (rg) (Entered: 11/18/2002)

Nov. 15, 2002

Nov. 15, 2002

9

Motion by EEOC to substitute attorney David C. Rivela , and for (Connie Liem) to withdraw as attorney (rg) (Entered: 11/19/2002)

Nov. 18, 2002

Nov. 18, 2002

(Court only) Added for EEOC attorney David C. Rivela (rg) (Entered: 11/19/2002)

Nov. 18, 2002

Nov. 18, 2002

10

Motion by EEOC for (David C. Rivela) to appear pro hac vice (rg) (Entered: 11/19/2002)

Nov. 18, 2002

Nov. 18, 2002

11

Order granting motion to substitute attorney David C. Rivela [9-1] granting motion for (Connie Liem) to withdraw as attorney [9-2] (fe) (Entered: 11/21/2002)

Nov. 21, 2002

Nov. 21, 2002

(Court only) Terminated attorney Connie Liem for EEOC (See Order #11) (fe) (Entered: 11/21/2002)

Nov. 21, 2002

Nov. 21, 2002

12

Order granting motion for (David C. Rivela) to appear pro hac vice [10-1] (rg) (Entered: 11/25/2002)

Nov. 22, 2002

Nov. 22, 2002

13

Joint motion with brief in support by EEOC, Norwest Financial to extend deadlines (rg) (Entered: 12/06/2002)

Dec. 5, 2002

Dec. 5, 2002

14

Order granting joint motion to extend deadlines [13-1] All parties asserting claims for relief by 6/1/02; all parties resisting claims of relief 7/1/03; pretrial disclosures 11/8/03. (rg) (Entered: 12/10/2002)

Dec. 10, 2002

Dec. 10, 2002

15

Alternate Dispute Resolution Report filed by EEOC, Norwest Financial, Party(s) do not agree to Alternate Dispute Resolution (rg) (Entered: 01/03/2003)

Jan. 2, 2003

Jan. 2, 2003

16

Notice of attorney appearance for EEOC by Judith G. Taylor (rg) (Entered: 01/23/2003)

Jan. 22, 2003

Jan. 22, 2003

17

Unopposed Motion by EEOC for leave to amend complaint [1-1] (rg) (Entered: 01/24/2003)

Jan. 23, 2003

Jan. 23, 2003

Received amended complaint (attached to the motion for leave to amend) (rg) (Entered: 01/24/2003)

Jan. 23, 2003

Jan. 23, 2003

18

Order granting motion for leave to amend complaint [1-1] [17-1] signed by Honorable Orlando L. Garcia (rg) (Entered: 01/30/2003)

Jan. 29, 2003

Jan. 29, 2003

19

First Amended complaint by EEOC, amending complaint [1-1] (Pages: 5) (rg) (Entered: 01/31/2003)

Jan. 29, 2003

Jan. 29, 2003

20

Answer by Norwest Financial to first amended complaint (rg) (Entered: 02/10/2003)

Feb. 7, 2003

Feb. 7, 2003

Case reassigned from Honorable Docket IV to Hon. W. R. Furgeson Jr. (rg) (Entered: 03/12/2003)

March 7, 2003

March 7, 2003

22

Unopposed Motion by EEOC for leave to file motion to compel discovery in excess of the page limit (rg) (Entered: 04/22/2003)

April 21, 2003

April 21, 2003

Received plaintiff's motion to compel discovery (rg) (Entered: 04/22/2003)

April 21, 2003

April 21, 2003

23

Order granting motion for leave to file motion to compel discovery in excess of the page limit [22-1] signed by Hon. W. R. Furgeson Jr. (rg) (Entered: 04/28/2003)

April 25, 2003

April 25, 2003

24

Motion by EEOC with memorandum in support to compel discovery (rg) (Entered: 04/28/2003)

April 25, 2003

April 25, 2003

25

Order Motion hearing motion to compel discovery [24-1] set for 1:30 5/21/03 signed by Hon. W. R. Furgeson Jr. (rg) (Entered: 04/29/2003)

April 28, 2003

April 28, 2003

26

Motion by Norwest Financial to extend time in which to file its response to plaintiff's motion to compel (rg) (Entered: 05/12/2003)

May 9, 2003

May 9, 2003

27

Response by Norwest Financial motion to compel discovery [24-1] (rg) (Entered: 05/13/2003)

May 12, 2003

May 12, 2003

28

Order granting motion to extend time in which to file its response to plaintiff's motion to compel [26-1] signed by Hon. W. R. Furgeson Jr. (rg) (Entered: 05/15/2003)

May 14, 2003

May 14, 2003

29

Plaintiff's Reply brief (rg) (Entered: 05/16/2003)

May 15, 2003

May 15, 2003

30

Motion by EEOC with memorandum in support for partial summary judgment (rg) (Entered: 05/22/2003)

May 21, 2003

May 21, 2003

31

Appendix for motion for partial summary judgment [30-1] by EEOC (rg) (Entered: 05/22/2003)

May 21, 2003

May 21, 2003

Motion hearing held for the following motions: [24-1] Court takes motion under advisement pending the deposition of Mr. Quarbe has been taken. (rg) (Entered: 05/23/2003)

May 21, 2003

May 21, 2003

32

ORDERED that Mr. Quarve's deposition, so delineated by the Court, be completed on or before 6/20/03. It is anticipated that this deposition can be accomplished in less than three hours. It is further ORDERED that Plaintiff file a supplemental brief on the issues raised in the pending motion to compel on or before 7/17/03. Defendant shall file its response on or before 7/17/03. signed by Hon. W. R. Furgeson Jr. (rg) (Entered: 05/23/2003)

May 22, 2003

May 22, 2003

33

Minutes of proceedings for Motion to Compel Hearing conducted on 5/21/03 by Judge Furgeson. Court Reporter: Denver Roden (rg) (Entered: 05/23/2003)

May 22, 2003

May 22, 2003

34

ORDER Regarding Scheduling Order. signed by Hon. W. R. Furgeson Jr. (rg) (Entered: 06/04/2003)

June 3, 2003

June 3, 2003

36

Transcript filed for dates of May 21, 2003 (Proceedings Transcribed: Hearing on Motion to Compel) (Court Reporter: Denver Roden) (mj) (Entered: 07/21/2003)

July 18, 2003

July 18, 2003

37

Advisory to the court filed by EEOC, Norwest Financial (rg) (Entered: 08/06/2003)

Aug. 5, 2003

Aug. 5, 2003

38

Order that the parties submit a written report regarding the status of this matter on or before September 10, 2003 signed by Hon. W. R. Furgeson Jr. (lp) (Entered: 08/15/2003)

Aug. 14, 2003

Aug. 14, 2003

39

Advisory to the court filed by EEOC, Norwest Financial (rg) (Entered: 09/03/2003)

Sept. 2, 2003

Sept. 2, 2003

40

Order reset Jury trial for 9:00 12/15/03 , reset Jury selection for 9:00 12/15/03 signed by Hon. W. R. Furgeson Jr. (rg) (Entered: 09/09/2003)

Sept. 8, 2003

Sept. 8, 2003

41

ORDER reset Jury trial for 9:00 3/1/04 , reset Jury selection for 9:00 3/1/04 signed by Hon. W. R. Furgeson Jr. (rg) (Entered: 09/15/2003)

Sept. 12, 2003

Sept. 12, 2003

42

Advisory to the court filed by EEOC, Norwest Financial (kc) (Entered: 10/07/2003)

Oct. 6, 2003

Oct. 6, 2003

43

Motion by EEOC, Norwest Financial to enter Consent Decree (rg1) Modified on 10/29/2003 (Entered: 10/29/2003)

Oct. 28, 2003

Oct. 28, 2003

44

FINAL JUDGMENT Entering Consent Decree [43-1] signed by Hon. W. R. Furgeson Jr. (Pages: 1) (rg) (Entered: 11/03/2003)

Oct. 31, 2003

Oct. 31, 2003

Case closed (rg) (Entered: 11/03/2003)

Oct. 31, 2003

Oct. 31, 2003

45

AMENDED Final Judgment Order Entering Consent Decree. signed by Hon. W. R. Furgeson Jr. (Pages: 14) (rg) (Entered: 11/07/2003)

Nov. 5, 2003

Nov. 5, 2003

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: June 7, 2002

Closing Date: Oct. 31, 2003

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

Norwest Financial Texas, Inc., Private Entity/Person

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Availably Documents:

Trial Court Docket

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: 130000

Order Duration: 2003 - 2005

Content of Injunction:

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Issues

General:

Disparate Treatment

Discrimination-area:

Hiring

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits