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)

People

For PACER's information on parties and their attorneys, 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

Docket (PACER)

Jan. 7, 2008 Docket
1

Complaint

Sept. 26, 2006 Complaint
11

EEOC's First Amended Complaint

March 6, 2007 Complaint
13

Amended Complaint [Refiled]

March 12, 2007 Complaint
14

Amended Complaint [Corrected]

March 12, 2007 Complaint
25

Order of Dismissal [of The ServiceMaster Company]

July 31, 2007 Order/Opinion
31

EEOC's Second Amended Complaint

Aug. 6, 2007 Complaint
35

EEOC's Third Amended Complaint

Sept. 26, 2007 Complaint
42

Consent Decree

Jan. 7, 2008 Settlement Agreement

Docket

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

Last updated May 20, 2022, 12:50 a.m.

ECF Number Description Date Link
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 RECAP
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

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

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

***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
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
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
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
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
8

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

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
10

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

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
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
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
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
15

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

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
18

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

April 24, 2007
20

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

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
22

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

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
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
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
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
27

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

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
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
31

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

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
33

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

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
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
36

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

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
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
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
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
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
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

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

Jan. 7, 2008

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — 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:

Neutral/Positive Reference

Expungement of Employment Record

Discrimination Prohibition

Provide antidiscrimination training

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

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