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Case: EEOC v. The Servicemaster Co. d/b/a Terminix International Co.

3:06-cv-01761 | U.S. District Court for the Northern District of Texas

Filed Date: Sept. 26, 2006

Closed Date: 2010

Clearinghouse coding complete

Case Summary

The EEOC's Dallas district office brought this suit in September 2006 in the U.S. District Court for the Northern District of Texas in September 2006 against The ServiceMaster Co. and The Terminix International Company LP. The complaint alleged that the defendants refused to hire or to promote black employees and retaliated against one black employee who complained by firing him. In July 2007, The ServiceMaster Co. was dismissed from the case, and in January 2008, the EEOC and the remaining d…

The EEOC's Dallas district office brought this suit in September 2006 in the U.S. District Court for the Northern District of Texas in September 2006 against The ServiceMaster Co. and The Terminix International Company LP. The complaint alleged that the defendants refused to hire or to promote black employees and retaliated against one black employee who complained by firing him. In July 2007, The ServiceMaster Co. was dismissed from the case, and in January 2008, the EEOC and the remaining defendant entered into a consent decree.

The consent decree required Terminix to pay a total of $95,000 to the three charging parties. Defendant was also required not to discriminate or retaliate, to post a notice, and to distribute its anti-discrimination policy to its employees. Additionally, Terminix will provide training for its managers and supervisors on non-discrimination, as well as to expunge the records of the charging parties and provide them with neutral employment references. The decree is in effect for two years. The docket sheet does not show any further enforcement took place; the case was presumably closed in 2010.

Summary Authors

Shankar Viswanathan (8/15/2008)

Clearinghouse (6/15/2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4854441/parties/equal-employment-opportunity-commission-v-the-servicemaster-co/


Judge(s)

Lynn, Barbara M. (Texas)

Attorneys(s) for Plaintiff

Anderson, Suzanne M. (Texas)

Backhaus, William C. (Texas)

Canino, Robert Anthony (Texas)

Cooper, Ronald S. (District of Columbia)

Harwin, Robert B. (District of Columbia)

Lee, James L. (District of Columbia)

Reams, Gwendolyn Young (District of Columbia)

Attorneys(s) for Defendant

Anaclerio, Nicholas Jr. (Illinois)

Caldarone, Antonio (Illinois)

Judge(s)

Lynn, Barbara M. (Texas)

Attorneys(s) for Plaintiff

Anderson, Suzanne M. (Texas)

Backhaus, William C. (Texas)

Canino, Robert Anthony (Texas)

Cooper, Ronald S. (District of Columbia)

Harwin, Robert B. (District of Columbia)

Lee, James L. (District of Columbia)

Reams, Gwendolyn Young (District of Columbia)

Attorneys(s) for Defendant

Anaclerio, Nicholas Jr. (Illinois)

Caldarone, Antonio (Illinois)

Cuaderes, Eduardo F (Texas)

Ludwig, Samera (Illinois)

Schoonmaker, Linda Cooper (Texas)

Expert/Monitor/Master

Bass, Courtenay Lee (Texas)

Documents in the Clearinghouse

Document

3:06-cv-01761

Docket (PACER)

Jan. 7, 2008

Jan. 7, 2008

Docket
1

3:06-cv-01761

Complaint

Sept. 26, 2006

Sept. 26, 2006

Complaint
11

3:06-cv-01761

EEOC's First Amended Complaint

March 6, 2007

March 6, 2007

Complaint
14

3:06-cv-01761

Amended Complaint [Corrected]

March 12, 2007

March 12, 2007

Complaint
13

3:06-cv-01761

Amended Complaint [Refiled]

March 12, 2007

March 12, 2007

Complaint
25

3:06-cv-01761

Order of Dismissal [of The ServiceMaster Company]

July 31, 2007

July 31, 2007

Order/Opinion
31

3:06-cv-01761

EEOC's Second Amended Complaint

Aug. 6, 2007

Aug. 6, 2007

Complaint
35

3:06-cv-01761

EEOC's Third Amended Complaint

Sept. 26, 2007

Sept. 26, 2007

Complaint
42

3:06-cv-01761

Consent Decree

Jan. 7, 2008

Jan. 7, 2008

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4854441/equal-employment-opportunity-commission-v-the-servicemaster-co/

Last updated Nov. 1, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against The ServiceMaster Co filed by Equal Employment Opportunity Commission. (axm, ) Modified on 9/28/2006 (axm, ). (Entered: 09/27/2006)

Sept. 26, 2006

Sept. 26, 2006

2

Summons Issued as to The ServiceMaster Co. (axm, ) Modified on 9/28/2006 (axm, ). (Entered: 09/27/2006)

Sept. 26, 2006

Sept. 26, 2006

DEMAND for Trial by Jury by Equal Employment Opportunity Commission. (contained within complaint) (axm, ) (Entered: 09/27/2006)

Sept. 26, 2006

Sept. 26, 2006

4

Order Designating Case for ECF - see order for specifics. (Signed by Judge Barbara M. G. Lynn on 09/27/2006) (axm, ) (Entered: 09/27/2006)

Sept. 27, 2006

Sept. 27, 2006

***Magistrate Judge Sanderson chosen by random selection to handle matters that may be referred in this case. (axm, ) (Entered: 09/27/2006)

Sept. 27, 2006

Sept. 27, 2006

5

ORDER TO SHOW CAUSE: by February 9, 2007, Plaintiff shall file a valid return of service as to Defendant The ServiceMaster Company, doing business as Terminix International Co., or show good cause in writing why service cannot be made, or this action will be dismissed without further notice for failure to prosecute. (Signed by Judge Barbara M. G. Lynn on 1/30/07) (cxb) (Entered: 01/30/2007)

Jan. 30, 2007

Jan. 30, 2007

7

NOTICE OF WAIVER OF SERVICE Returned Executed as to The ServiceMaster Company. Waiver sent on 2/1/2007, answer due 4/2/2007. (cxb) (Entered: 02/09/2007)

Feb. 8, 2007

Feb. 8, 2007

6

NOTICE by Equal Employment Opportunity Commission of Second Service (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit # 13 Exhibit) (Backhaus, William) (Entered: 02/09/2007)

Feb. 9, 2007

Feb. 9, 2007

8

MOTION to Dismiss by The ServiceMaster Company (Cuaderes, Eduardo) (Entered: 02/16/2007)

Feb. 16, 2007

Feb. 16, 2007

9

Brief/Memorandum in Support filed by The ServiceMaster Company re 8 MOTION to Dismiss (Attachments: # 1) (Cuaderes, Eduardo) (Entered: 02/16/2007)

Feb. 16, 2007

Feb. 16, 2007

10

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by The ServiceMaster Company. (Cuaderes, Eduardo) (Entered: 02/16/2007)

Feb. 16, 2007

Feb. 16, 2007

11

FIRST AMENDED COMPLAINT against The ServiceMaster Co and Terminix International Co filed by Equal Employment Opportunity Commission. (Backhaus, William) Modified on 3/7/2007 (cxb). (Entered: 03/06/2007)

March 6, 2007

March 6, 2007

12

RESPONSE filed by Equal Employment Opportunity Commission re 8 MOTION to Dismiss (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit # 13 Exhibit # 14 Exhibit # 15 Exhibit # 16 Exhibit) (Backhaus, William) (Entered: 03/06/2007)

March 6, 2007

March 6, 2007

13

AMENDED COMPLAINT Refiled with Cert of Service against all defendants filed by Equal Employment Opportunity Commission. (Anderson, Suzanne) (Entered: 03/12/2007)

March 12, 2007

March 12, 2007

14

AMENDED COMPLAINT Refiled with CORRECTED certificate of service against all defendants filed by Equal Employment Opportunity Commission. (Anderson, Suzanne) (Entered: 03/12/2007)

March 12, 2007

March 12, 2007

15

REPLY filed by The ServiceMaster Co re 8 MOTION to Dismiss (Cuaderes, Eduardo) (Entered: 03/20/2007)

March 20, 2007

March 20, 2007

17

NOTICE of Attorney Appearance by Antonio Caldarone on behalf of The ServiceMaster Co (Caldarone, Antonio) (Entered: 04/24/2007)

April 24, 2007

April 24, 2007

18

NOTICE of Attorney Appearance by Nicholas Anaclerio, Jr on behalf of The ServiceMaster Co (Anaclerio, Nicholas) (Entered: 04/24/2007)

April 24, 2007

April 24, 2007

19

***VACATED IN PART PER #26***Memorandum Opinion and Order denying 8 Motion to Dismiss filed by The ServiceMaster Co. This action is STAYED until October 8, 2007 to allow the EEOC to amend the administrative charge and pursue conciliation with Serv ice Master. Following such attempt at conciliation, the EEOC may amend its First Amended Complaint to address the deficiencies identified in this order. See order for details. (Signed by Judge Barbara M. G. Lynn on June 26, 2007) (jyg) Modified on 8/2/2007 (svc).

June 26, 2007

June 26, 2007

RECAP
20

MOTION for Reconsideration by The ServiceMaster Co (Anaclerio, Nicholas) (Entered: 07/10/2007)

July 10, 2007

July 10, 2007

21

Brief/Memorandum in Support filed by The ServiceMaster Co re 20 MOTION for Reconsideration (Anaclerio, Nicholas) (Entered: 07/10/2007)

July 10, 2007

July 10, 2007

22

STIPULATION by Terminix International Co and the Equal Opportunity Employment Commission . (Caldarone, Antonio) (Entered: 07/30/2007)

July 30, 2007

July 30, 2007

23

NOTICE by The ServiceMaster Co of Withdrawal re 20 Motion for Reconsideration. (Caldarone, Antonio) Modified on 7/31/2007 (klm). (Entered: 07/30/2007)

July 30, 2007

July 30, 2007

24

ORDER denying as moot 20 Defendant ServiceMaster Company's Motion for Reconsideration. (Signed by Judge Barbara M. G. Lynn on 7/31/07) (klm) (Entered: 07/31/2007)

July 31, 2007

July 31, 2007

25

ORDER of Dismissal: The ServiceMaster Company is dismissed with prejudice from this matter. (Signed by Judge Barbara M. G. Lynn on 7/31/07) (skt) (Entered: 08/01/2007)

July 31, 2007

July 31, 2007

26

ORDER: In light of the dismissal of Defendant ServiceMaster Company, the Court's stay, imposed by the Memorandum Opinion and Order of June 26, 2007, is VACATED. An order requiring the parties to submit a proposed scheduling order will be submitted after Defendant answers. (Signed by Judge Barbara M. G. Lynn on 08/02/07) (lmp) Modified on 8/6/2007 (jkm). (Entered: 08/02/2007)

Aug. 2, 2007

Aug. 2, 2007

27

NOTICE of Attorney Appearance by Nicholas Anaclerio, Jr on behalf of Terminix International Co (Anaclerio, Nicholas) (Entered: 08/03/2007)

Aug. 3, 2007

Aug. 3, 2007

28

WAIVER OF SERVICE Returned Executed as to Terminix International Co. Waiver sent on 8/3/2007, answer due 10/2/2007. (Anaclerio, Nicholas) (Entered: 08/03/2007)

Aug. 3, 2007

Aug. 3, 2007

29

Agreed Motion for Entry of a Scheduling Order by Terminix International Co. (Anaclerio, Nicholas) Modified on 8/6/2007 (klm). (Entered: 08/03/2007)

Aug. 3, 2007

Aug. 3, 2007

31

AMENDED COMPLAINT (SECOND) against Terminix International Co filed by Equal Employment Opportunity Commission. (Backhaus, William) (Entered: 08/06/2007)

Aug. 6, 2007

Aug. 6, 2007

32

ORDER granting 29 Agreed Motion for Entry of a Scheduling Order filed by The Terminix International Company LP. Plaintiff shall file its second amended complaint by August 9, 2007, and Defendant shall file a responsive pleading by August 30, 2007. (Signed by Judge Barbara M. G. Lynn on 8/6/07) (klm) (Entered: 08/06/2007)

Aug. 6, 2007

Aug. 6, 2007

33

ANSWER to Amended Complaint (Second) by The Terminix International Company LP (Anaclerio, Nicholas) (Entered: 08/30/2007)

Aug. 30, 2007

Aug. 30, 2007

34

ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. Proposed Scheduling Order due by 10/19/2007. See order for other specifics. (Signed by Judge Barbara M. G. Lynn on 9/7/07) (Attachments: # 1 Consent Letter# 2 Consent Form) (jrb) (Entered: 09/07/2007)

Sept. 7, 2007

Sept. 7, 2007

35

THIRD AMENDED COMPLAINT against The Terminix International Company LP filed by Equal Employment Opportunity Commission. (Backhaus, William) Modified on 9/26/2007 (lmp). (Entered: 09/26/2007)

Sept. 26, 2007

Sept. 26, 2007

36

STATUS REPORT by Equal Employment Opportunity Commission, The Terminix International Company LP. (Anaclerio, Nicholas) (Entered: 10/19/2007)

Oct. 19, 2007

Oct. 19, 2007

37

Alternative Dispute Resolution Summary filed by Courtenay Lee Bass. Attorneys in Attendance: Suzanne Anderson, William Backhaus, Linda Schoonmaker, Robert Nobile, Mark Williams. Prv Fee: $ 2500. Outcome of ADR: Settled as a result of ADR. (Bass, Courtenay) (Entered: 11/28/2007)

Nov. 28, 2007

Nov. 28, 2007

38

Letter from Judge Lynn regarding dismissal papers. Dismissal papers due 12/17/07. (Signed by Judge Barbara M. G. Lynn on 12/3/07) (svc) (Entered: 12/04/2007)

Dec. 3, 2007

Dec. 3, 2007

39

NOTICE of Attorney Appearance by Linda C Schoonmaker on behalf of The Terminix International Company LP. (Schoonmaker, Linda) (Entered: 12/04/2007)

Dec. 4, 2007

Dec. 4, 2007

40

***PROPOSED ORDER***NOTICE by Equal Employment Opportunity Commission, The Terminix International Company LP AGREED CONSENT DECREE (Backhaus, William) Modified on 12/19/2007 (tln). (Entered: 12/18/2007)

Dec. 18, 2007

Dec. 18, 2007

41

Agreed MOTION to File Consent Decree by Equal Employment Opportunity Commission, The Terminix International Company LP (Attachments: # 1 Exhibit Consent Decree) (Backhaus, William) Modified on 12/20/2007 (tln). (Entered: 12/19/2007)

Dec. 19, 2007

Dec. 19, 2007

42

Consent Decree re 41 Agreed Motion to file Consent Decree. (see order for specifics) (Signed by Judge Barbara M. G. Lynn on 1/7/08) (tln) (Entered: 01/08/2008)

Jan. 7, 2008

Jan. 7, 2008

***Civil Case Terminated per Consent Decree (doc. 42). (tln) (Entered: 01/08/2008)

Jan. 7, 2008

Jan. 7, 2008

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: Sept. 26, 2006

Closing Date: 2010

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

The Terminix International Company LP, Private Entity/Person

The ServiceMaster Co., 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: 95000

Order Duration: 2008 - 2010

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Hiring

Promotion

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits