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)

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

Last updated Aug. 14, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Gilbert Plumbing Company Inc (Filing fee not required) filed by Equal Employment Opportunity Commission.(ncavazos, ) (Entered: 09/29/2004)

Sept. 27, 2004

Sept. 27, 2004

Summons Issued as to Gilbert Plumbing Company Inc , filed.(ncavazos, ) (Entered: 09/29/2004)

Sept. 27, 2004

Sept. 27, 2004

3

ANSWER to Complaint by Gilbert Plumbing Company Inc, filed.(mgore, ) (Entered: 10/25/2004)

Oct. 21, 2004

Oct. 21, 2004

4

SUMMONS Returned Executed. Gilbert Plumbing Company Inc served on 10/18/2004, answer due 11/7/2004, filed.(sfedele, ) (Entered: 10/27/2004)

Oct. 25, 2004

Oct. 25, 2004

5

CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opportunity Commission, filed.(sfedele, ) (Entered: 11/19/2004)

Nov. 17, 2004

Nov. 17, 2004

6

ORDER, Deadlines terminated. the conference scheduled for January 21, 2005 at 1:00 p.m. is cancelled until rescheduled by further order of the court.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 01/14/2005)

Jan. 14, 2005

Jan. 14, 2005

7

NOTICE of Reassignment. Pursuant to Special Order No. H-2005-1, this case is reassigned to Judge Keith P Ellison. Deadlines in scheduling orders remain in effect. All court settings are vacated , filed. (bgoolsby, ) (Entered: 01/17/2005)

Jan. 17, 2005

Jan. 17, 2005

8

REQUEST for Status Report, filed. (jholland, ) (Entered: 01/28/2005)

Jan. 28, 2005

Jan. 28, 2005

9

JOINT REPORT by Equal Employment Opportunity Commission, Gilbert Plumbing Company Inc, filed.(mgore, ) (Entered: 02/10/2005)

Feb. 8, 2005

Feb. 8, 2005

10

SCHEDULING ORDER: Pltf Expert Witness List due by 6/1/2005 Deft Expert Witness List due by 7/18/2005 Discovery due by 9/9/2005 Dispositive Motion Filing due by 10/17/2005 Trial set for 1/23/2006 at 08:30 AM before Judge Keith P Ellison.( Signed by Judge Keith P Ellison ) Parties notified.(kmurphy, ) (Entered: 03/04/2005)

March 4, 2005

March 4, 2005

11

JOINT MOTION to Amend 10 Scheduling Order, by all parties, filed. Motion Docket Date 8/11/2005. (Attachments: # 1 Proposed Order)(kmurphy, ) (Entered: 07/22/2005)

July 22, 2005

July 22, 2005

12

ORDER granting 11 MOTION to Amend 10 Scheduling Order,, Pltf Expert Report due by 8/2/2005 Deft Expert Report due by 9/6/2005 Discovery due by 12/20/2005 Dispositive Motion Filing due by 1/10/2006 Joint Pretrial Order due by 2/21/2006 Jury Trial set for 3/6/2006 at 08:30 AM in Courtroom 8C before Judge Keith P Ellison.( Signed by Judge Keith P Ellison ) Parties notified.(dhansen) (Entered: 07/27/2005)

July 25, 2005

July 25, 2005

13

JOINT MOTION to Amend Scheduling Order by Equal Employment Opportunity Commission, Gilbert Plumbing Company Inc, filed. Motion Docket Date 12/22/2005. (Attachments: # 1 Proposed Order)(ltien, ) (Entered: 12/05/2005)

Dec. 2, 2005

Dec. 2, 2005

14

ORDER Non-Evidentiary Hearing set for 12/8/2005 at 11:00 AM in Room 8631 before Judge Keith P Ellison.( Signed by Judge Keith P Ellison ) Parties notified.(svaught, ) (Entered: 12/05/2005)

Dec. 5, 2005

Dec. 5, 2005

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

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

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: 13000

Order Duration: 2006 - 2011

Content of Injunction:

Apology

Expungement of Employment Record

Neutral/Positive Reference

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Discrimination Prohibition

Develop anti-discrimination policy

Implement complaint/dispute resolution process

Reporting

Monitoring

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

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

Pay / Benefits

Discrimination-basis:

National origin discrimination

EEOC-centric:

Direct Suit on Merits

National Origin/Ethnicity:

Indian