Case: EEOC v. Gilbert Plumbing Company, Inc.

4:04-cv-03866 | U.S. District Court for the Southern District of Texas

Filed Date: Sept. 27, 2004

Closed Date: April 11, 2011

Clearinghouse coding complete

Case Summary

In September 2004, the Houston District Office of the EEOC brought this suit against Gilbert Plumbing Company, Inc. in the U.S. District Court for the Southern District of Texas. The complaint alleged that the defendant subjected the charging parties, Hispanic employees, to a racially hostile work environment and denied them wages and sick leave in violation of Title VII of the Civil Rights Act of 1964. After some scheduling orders, the defendant filed a motion for summary judgment which was …

In September 2004, the Houston District Office of the EEOC brought this suit against Gilbert Plumbing Company, Inc. in the U.S. District Court for the Southern District of Texas. The complaint alleged that the defendant subjected the charging parties, Hispanic employees, to a racially hostile work environment and denied them wages and sick leave in violation of Title VII of the Civil Rights Act of 1964. After some scheduling orders, the defendant filed a motion for summary judgment which was denied as moot when the parties reached a tentative settlement agreement in February 2006. The parties entered into a final settlement agreement in April 2006 through a consent decree.

The five-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: provide the charging parties with neutral employment references, expunge the charging parties' personnel files from all references to the charges of discrimination, refuse to employ the harasser in any way, develop a harassment and complaint procedure, report to the EEOC at specified intervals, provide annual EEO training to all its employees, post a notice of rights, maintain relevant records, and pay $13,000 to be divided between two individuals. The docket sheet does not show any further enforcement took place; the case was presumably closed in 2011.

Summary Authors

Michele Marxkors (8/8/2007)

Clearinghouse (6/15/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16301719/parties/mai-v-aig-property-casualty-company/


Judge(s)

Hanen, Andrew S. (Texas)

Attorney for Plaintiff

Beverly, Charles Bryan (Texas)

Attorney for Defendant

Gregory, Raymond L (Texas)

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Documents in the Clearinghouse

Document

4:04-cv-03866

Docket [PACER]

April 11, 2006

April 11, 2006

Docket
1

4:04-cv-03866

Complaint

Sept. 27, 2004

Sept. 27, 2004

Complaint
22

4:04-cv-03866

Consent Decree

April 11, 2006

April 11, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16301719/mai-v-aig-property-casualty-company/

Last updated April 5, 2025, 11:10 a.m.

ECF Number Description Date Link Date / Link
16

SCHEDULING ORDER: Discovery due by 1/20/2006 Dispositive Motion Filing due by 1/27/2006.( Signed by Judge Keith P Ellison ) Parties notified.(svaught) (Entered: 12/12/2005)

Dec. 12, 2005

Dec. 12, 2005

17

MOTION for Summary Judgment by Gilbert Plumbing Company Inc, filed. Motion Docket Date 2/16/2006. (espencer, ) Additional attachment(s) added on 1/30/2006 (espencer, ). (Entered: 01/30/2006)

Jan. 27, 2006

Jan. 27, 2006

18

UNOPPOSED MOTION for Additional Time to Respond by Equal Employment Opportunity Commission, filed. Motion Docket Date 2/27/2006. (Attachments: # 1 Proposed Order)(mkallie, ) (Entered: 02/08/2006)

Feb. 7, 2006

Feb. 7, 2006

19

ORDER granting 18 Motion for Extension of Time . The Commission shall respond to Defendant's Motion by not later than seven days after the current response deadline.( Signed by Judge Keith P Ellison ) Parties notified.(bthomas, ) (Entered: 02/08/2006)

Feb. 8, 2006

Feb. 8, 2006

20

CONDITIONAL ORDER OF DISMISSAL: The Court has been informed partis have reached a settlement; this case is DISMISSED without prejudice subject to reinstatement within 60 days. The pending 17 MOTION for Summary Judgment is DENIED as Moot.( Signed by Judge Keith P Ellison ) Parties notified.(psmith, ) (Entered: 02/14/2006)

Feb. 14, 2006

Feb. 14, 2006

21

RETURN of Service Executed as to Allen Mielke on 1/17/06 re: Subpoena, filed.(jbradford, ) (Entered: 03/30/2006)

March 30, 2006

March 30, 2006

22

CONSENT DECREE .( Signed by Judge Keith P Ellison ) Parties notified.(svaught) (Entered: 04/11/2006)

April 11, 2006

April 11, 2006

23

FINAL JUDGMENT .( Signed by Judge Keith P Ellison ) Parties notified.(llerma) (Entered: 04/12/2006)

April 11, 2006

April 11, 2006

24

JOINT MOTION for Approval of and Enter a Consent Decree in Resolution of Suit by Equal Employment Opportunity Commission, Gilbert Plumbing Company Inc, filed. Motion Docket Date 5/1/2006. (Attachments: # 1 Proposed Order)(sguevara, ) (Entered: 04/12/2006)

April 11, 2006

April 11, 2006

1

NOTICE OF REMOVAL from 61st District Court - Harris County, case number 2019-62796 (Filing fee $ 400 receipt number 0541-23317566) filed by AIG Property Casualty Company. (Attachments: # 1 Exhibit Tab 1 - Index of Matters Being Filed, # 2 Civil Cover Sheet Tab 2 - Civil Cover Sheet, # 3 Exhibit Tab 4 - Pleadings, # 4 Exhibit Tab 6 - Docket Sheet, # 5 Exhibit Tab 7 - List of Counsel)(Gregory, Raymond) (Entered: 10/07/2019)

1 Exhibit Tab 1 - Index of Matters Being Filed

View on PACER

2 Civil Cover Sheet Tab 2 - Civil Cover Sheet

View on PACER

3 Exhibit Tab 4 - Pleadings

View on RECAP

4 Exhibit Tab 6 - Docket Sheet

View on PACER

5 Exhibit Tab 7 - List of Counsel

View on PACER

Oct. 7, 2019

Oct. 7, 2019

RECAP
2

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 3/17/2020 at 10:00 AM in Courtroom 704 before Magistrate Judge Frances H Stacy. (Signed by Judge Andrew S Hanen) Parties notified.(olindoradi, 4) (Entered: 10/08/2019)

Oct. 8, 2019

Oct. 8, 2019

PACER
3

CERTIFICATE OF INTERESTED PARTIES by Hoa Mai, filed.(Beverly, Charles) (Entered: 10/08/2019)

Oct. 8, 2019

Oct. 8, 2019

PACER
4

CERTIFICATE OF INTERESTED PARTIES by AIG Property Casualty Company, filed.(Gregory, Raymond) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER
5

CERTIFICATE OF SERVICE IN A REMOVED ACTION by AIG Property Casualty Company, filed.(Gregory, Raymond) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER
6

ANSWER to 1 State Court Petition/Notice of Removal by AIG Property Casualty Company, filed.(Gregory, Raymond) (Entered: 10/14/2019)

Oct. 14, 2019

Oct. 14, 2019

PACER
7

NOTICE of Appearance by L. Alexandra Beverly on behalf of AIG Property Casualty Company, filed. (Gregory, Raymond) (Entered: 10/18/2019)

Oct. 18, 2019

Oct. 18, 2019

PACER
8

Joint Discovery/Case Management Plan

March 3, 2020

March 3, 2020

PACER

Terminate Deadlines (PUBLIC ENTRY)

March 12, 2020

March 12, 2020

PACER
9

Notice of Setting (FORM, noticing) - Civil

March 17, 2020

March 17, 2020

PACER
10

Proposed Order

April 20, 2020

April 20, 2020

PACER

Terminate Deadlines (PUBLIC ENTRY)

April 21, 2020

April 21, 2020

PACER

Set/Reset Scheduling Order and Trial Settings

April 21, 2020

April 21, 2020

PACER
11

Other Notice

June 15, 2020

June 15, 2020

PACER
12

Stipulation

June 29, 2020

June 29, 2020

PACER
13

Stipulation of Dismissal

Feb. 11, 2021

Feb. 11, 2021

PACER
14

Dismissal

Feb. 12, 2021

Feb. 12, 2021

PACER

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 27, 2004

Closing Date: April 11, 2011

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

Gilbert Plumbing Company, Inc. (Houston, TX), Private Entity/Person

Case Details

Causes of Action:

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

Available 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

Content of Injunction:

Apology

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

Reporting

Recordkeeping

Monitoring

Amount Defendant Pays: 13000

Order Duration: 2006 - 2011

Issues

Discrimination Area:

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

Disparate Treatment

Harassment / Hostile Work Environment

Pay / Benefits

Discrimination Basis:

National origin discrimination

Affected National Origin/Ethnicity(s):

Indian

EEOC-centric:

Direct Suit on Merits