Case: EEOC v. CHELSEA NORTH WALK APARTMENTS, REN-AL RENTS, INC.

4:97-cv-03261 | U.S. District Court for the Southern District of Texas

Filed Date: Sept. 30, 1997

Closed Date: Aug. 4, 2002

Clearinghouse coding complete

Case Summary

The Houston office of the EEOC brought this suit against Chelsea North Walk Apartments and related apartment management companies in the U.S. District Court for the Southern District of Texas in September 1997. While we do not have a copy of the complaint, it seems to have alleged discrimination in violation of Title VII of the Civil Rights Act of 1964. More specifically, the complaint alleged the defendants allowed three female employees to be sexually harassed. The three employees were all…

The Houston office of the EEOC brought this suit against Chelsea North Walk Apartments and related apartment management companies in the U.S. District Court for the Southern District of Texas in September 1997. While we do not have a copy of the complaint, it seems to have alleged discrimination in violation of Title VII of the Civil Rights Act of 1964. More specifically, the complaint alleged the defendants allowed three female employees to be sexually harassed. The three employees were allowed to intervene in the suit. The defendant filed a motion for summary judgment which was not ruled upon as the parties entered a consent decree in August 1999.

The Consent Decree included non-discrimination and non-retaliation clauses, required the defendant to develop an anti-discrimination policy and required the defendant to post and distribute copies of the policy. The defendant also agreed to provide EEO training to all of its employees at its Chelsea Walk or any other Ren-Al Rents, Inc.'s apartment complexes and required the defendant to permit an EEOC representative to do an annual monitoring inspection on the premises. The injunctive parts of the decree had a three year duration. In the event of non-compliance, the decree called for court enforcement. The defendant agreed to provide a neutral reference to any potential employers of the three complainants and agreed to pay the complainants a total of $10,000.

Summary Authors

Justin Kanter (8/11/2008)

Documents in the Clearinghouse

Document

4:97-cv-03261

Docket (PACER)

EEOC v. Chelsea N Walk Apts, et al

Nov. 10, 1999

Nov. 10, 1999

Docket
48

4:97-cv-03261

Conditional Order of Dismissal

Equal Employment Opportunity Commission v. Chelsea North Walk Apartments, et al

June 29, 1999

June 29, 1999

Order/Opinion
49

4:97-cv-03261

Consent Decree

Equal Employment Opportunity Commission and Rose Smith and Dawn Falls v. Chelsea North Walk Apartments, et al

Aug. 4, 1999

Aug. 4, 1999

Settlement Agreement

Resources

Docket

Last updated Aug. 13, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; (bchurchill) (Entered: 10/01/1997)

Sept. 30, 1997

Sept. 30, 1997

2

ORDER for Conf set initial pretrial and scheduling conference for 1:30 11/21/97 before Judge Nancy F. Atlas , entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (bchurchill) (Entered: 10/01/1997)

Sept. 30, 1997

Sept. 30, 1997

9 SUMMONS issued (fmremp) (Entered: 10/21/1997)

Oct. 21, 1997

Oct. 21, 1997

1 SUMMONS issued (hlerma) (Entered: 10/22/1997)

Oct. 22, 1997

Oct. 22, 1997

8

RETURN OF SERVICE executed as to Jarga Management c/o Al Antonini 10/22/97 filed Answer due on 11/11/97 for Jarga Management (ltien) (Entered: 10/23/1997)

Oct. 23, 1997

Oct. 23, 1997

3

RETURN OF SERVICE executed as to Point Moritz N Apts c/o James Lomonaco 10/23/97 filed Answer due on 11/12/97 for Point Moritz N Apts (ltien) (Entered: 10/23/1997)

Oct. 23, 1997

Oct. 23, 1997

4

RETURN OF SERVICE executed as to Chelsea N Walk Apts c/o James Lomonaco 10/23/97 filed Answer due on 11/12/97 for Chelsea N Walk Apts (ltien) (Entered: 10/23/1997)

Oct. 23, 1997

Oct. 23, 1997

5

RETURN OF SERVICE executed as to Ren-Al Rents Inc 10/23/97 c/o James Lomonaco filed Answer due on 11/12/97 for Ren-Al Rents Inc (ltien) (Entered: 10/23/1997)

Oct. 23, 1997

Oct. 23, 1997

6

RETURN OF SERVICE executed as to Bayou Apartments c/o Alfred J Antonini 10/23/97 filed Answer due on 11/12/97 for Bayou Apartments (ltien) (Entered: 10/23/1997)

Oct. 23, 1997

Oct. 23, 1997

7

RETURN OF SERVICE executed as to L A Investment Properties c/o Al Antonini 10/22/97 filed Answer due on 11/11/97 for L A Investment Properties (ltien) (Entered: 10/23/1997)

Oct. 23, 1997

Oct. 23, 1997

9

RETURN OF SERVICE executed as to Point Moritz N Apts c/o Al Antonini 10/22/97 filed Answer due on 11/11/97 for Point Moritz N Apts (ltien) (Entered: 10/23/1997)

Oct. 23, 1997

Oct. 23, 1997

11

RETURN OF SERVICE executed as to Valla Real Estate c/o Al Antonini 10/22/97 filed Answer due on 11/11/97 for Valla Real Estate (ltien) (Entered: 10/23/1997)

Oct. 23, 1997

Oct. 23, 1997

12

RETURN OF SERVICE executed as to Bayou Apartments 10/31/97 filed Answer due on 11/20/97 for Bayou Apartments (fmremp) (Entered: 11/10/1997)

Nov. 7, 1997

Nov. 7, 1997

13

JOINT DISCOVERY/Case Management Plan by EEOC , filed. (fmremp) (Entered: 11/14/1997)

Nov. 14, 1997

Nov. 14, 1997

14

UNOPPOSED MOTION for extension of deadlines by Chelsea N Walk Apts, Ren-Al Rents Inc, Jarga Management, Point Moritz N Apts, Valla Real Estate, L A Investment Prop, Bayou Apartments Kathy D Boutchee for plaintiff EEOC, Motion Docket Date 12/4/97 [14-1] motion , filed. (fmremp) (Entered: 11/17/1997)

Nov. 14, 1997

Nov. 14, 1997

15

ORDER granting dft's [14-1] motion for extension of deadlines ; set parties shall file their case management plan by 12/5/97 , set initial case management conference on 12/12/97 before Judge Nancy F. Atlas , reset answer due for 11/26/97 for Bayou Apartments, for L A Investment Prop, for Valla Real Estate, for Point Moritz N Apts, for Jarga Management, for Ren-Al Rents Inc, for Chelsea N Walk Apts , entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 11/18/1997)

Nov. 18, 1997

Nov. 18, 1997

16

ORIGINAL ANSWER to Complaint by Chelsea N Walk Apts, Ren-Al Rents Inc, Jarga Management, Point Moritz N Apts, Valla Real Estate, L A Investment Prop, Bayou Apartments (Added attorney ), filed. (fmremp) (Entered: 11/26/1997)

Nov. 26, 1997

Nov. 26, 1997

17

MOTION for leave to intervene as of right as party pltfs by Rose Smith, Dawn Falls, Motion Docket Date 12/24/97 [17-1] motion , filed. (ltien) (Entered: 12/04/1997)

Dec. 4, 1997

Dec. 4, 1997

18

MEMORANDUM by Rose Smith, Dawn Falls in support of their [17-1] motion for leave to intervene as of right as party pltfs , filed (ltien) (Entered: 12/04/1997)

Dec. 4, 1997

Dec. 4, 1997

19

Intervenor's COMPLAINT by Rose Smith, Dawn Falls against Chelsea N Walk Apts, Ren-Al Rents Inc, Jarga Management, Point Moritz N Apts, Valla Real Estate, L A Investment Prop, Bayou Apartments , filed (ltien) (Entered: 12/04/1997)

Dec. 4, 1997

Dec. 4, 1997

20

JOINT DISCOVERY/Case Management Plan by EEOC, Chelsea N Walk Apts , et al filed. (ltien) (Entered: 12/05/1997)

Dec. 5, 1997

Dec. 5, 1997

21

DOCKET CONTROL ORDER: Anticipated Length of Trial 3-4 Days; Jury?, The disposition of this case will be controlled by the following schedule New Parties 1/15/98; Amendments of Pleadings 1/15/98; Expert Witnesses by Plaintiff 4/30/98; Experts Witnesses by Defendant 6/30/98; Mediation/ADR: 9/30/98; Discovery 9/15/98; Dispositive Motions will be filed by 10/16/98; All Other Pretrial Motions including Daubert Motions by 10/16/98; Joint Pretrial Order 2/5/99; Docket Call 2/12/99 at 4:00 PM , mediation/ADR deadline by 9/30/98 , entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 12/16/1997)

Dec. 12, 1997

Dec. 12, 1997

22

(SL) 12/12/97 Hearing, Minutes & Order: Appearances: Kathy Boutchee f/Plaintiff, Elizabeth Pratt f/Defendants, Paul Catalano f/Intervenor-Plaintiff, Court Reporter: F Warner; Pretrial Conference held, Plaintiff's Motion for Leave to Intervene as of Right as Party Plaintiff [Doc #17] is GRANTED for reasons stated on the record in open Court; Court deems the Defendants' written response filed today, so that Defendants may preserve their right on attorney fees, entered, Parties notified (signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 12/16/1997)

Dec. 12, 1997

Dec. 12, 1997

23

RESPONSE by Chelsea N Walk Apts, et al in opposition to Rose Smith and Dawn Falls' [17-1] motion for leave to intervene as of right as party pltfs , filed (fmremp) (Entered: 12/19/1997)

Dec. 19, 1997

Dec. 19, 1997

24

ORIGINAL ANSWER by Chelsea N Walk Apts, et al to [19-1] intervenor complaint of Rose Smith and Dawn Falls, filed. (fmremp) (Entered: 12/29/1997)

Dec. 24, 1997

Dec. 24, 1997

25

FIRST AMENDED intervenor's COMPLAINT by Rose . Smith, Dawn Falls amending [19-1] intervenor complaint , filed (fmremp) (Entered: 01/07/1998)

Jan. 7, 1998

Jan. 7, 1998

26

INITIAL DISCLOSURES Pursuant to Rule 16 Of The Federal Rules of Civil Procuedure, filed (fmremp) (Entered: 01/13/1998)

Jan. 13, 1998

Jan. 13, 1998

27

Plea and Original ANSWER by Defts Chelsea N Walk Apts, Ren-Al Rents Inc, Jarga Management, Point Moritz N Apts, et al, to the [25-1] Amended Complaint In Intervention of Rose Smith and Dawn Falls, filed. (psmith) (Entered: 01/13/1998)

Jan. 13, 1998

Jan. 13, 1998

28

FIRST AMENDED ANSWER to Complaint by Chelsea N Walk Apts, Ren-Al Rents Inc, Jarga Management, Point Moritz N Apts, Valla Real Estate, L A Investment Prop, Bayou Apartments : amends [16-1] answer , filed. (fmremp) (Entered: 01/20/1998)

Jan. 13, 1998

Jan. 13, 1998

29

NOTICE OF INITIAL DISCLOSURE by Defendant Chelsea N Walk Apts, etal, filed (fmremp) (Entered: 01/22/1998)

Jan. 13, 1998

Jan. 13, 1998

30

FIRST SUPPLEMENTAL DISCLOSURES by EEOC , filed. (fmremp) (Entered: 01/26/1998)

Jan. 26, 1998

Jan. 26, 1998

31

FIRST SUPPLEMENTAL [26-1] Disclosures, by EEOC , filed. (psmith) (Entered: 01/26/1998)

Jan. 26, 1998

Jan. 26, 1998

32

DESIGNATION by Rose . Smith, Dawn Falls designating William Paul Catalano as attorney in charge, filed. (fmremp) (Entered: 02/09/1998)

Feb. 9, 1998

Feb. 9, 1998

33

MOTION for Elizabeth B. Pratt to withdraw as attorney for Defts by Elizabeth Pratt, atty for Chelsea N Walk Apts, et al Motion Docket Date 3/17/98 [33-1] motion , filed. (fmremp) (Entered: 02/25/1998)

Feb. 25, 1998

Feb. 25, 1998

34

ORDER granting [33-1] motion for Elizabeth B. Pratt to withdraw as attorney for Defts. Defts shall notify the Court promptly when and if Defts retain other legal counsel to act on their behalf in this matter , entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 03/03/1998)

Feb. 27, 1998

Feb. 27, 1998

36

ORDER granting Deft's [35-1] motion to substitute attorney Kathrine Schmitt in place of Elizabeth B. Pratt Added Kathrine B Schmitt , entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 04/27/1998)

April 27, 1998

April 27, 1998

37

DESIGNATION OF EXPERT WITNESS LIST by Chelsea N Walk Apts, Ren-Al Rents Inc, Jarga Management filed. (fmremp) (Entered: 07/01/1998)

June 30, 1998

June 30, 1998

38

MOTION to continue trial setting and, for extension of scheduling order deadlines by EEOC, Motion Docket Date 9/13/98 [38-1] motion, 9/13/98 [38-2] motion , filed. (fmremp) (Entered: 08/24/1998)

Aug. 24, 1998

Aug. 24, 1998

39

ORDER set pretrial conference for 2:00 9/4/98 before Judge Nancy F. Atlas , entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 08/26/1998)

Aug. 25, 1998

Aug. 25, 1998

40

JOINT MOTION for continuance , and for entry of new scheduling order deadlines by EEOC, Chelsea N Walk Apts, Ren-Al Rents Inc, Jarga Management, et al, filed (psmith) (Entered: 11/25/1998)

Nov. 25, 1998

Nov. 25, 1998

41

ORDER granting [40-1] joint motion for continuance; granting [40-2] joint motion for entry of new scheduling order deadlines. The various scheduling deadlines in this case shall be extended as set forth in a separate Amended Docket Control ORder. The Deadlines set forth in Court's [21-3] Docket Control Order dated 12/12/97 is VACATED. No further scheduling extensions will be granted , entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 12/02/1998)

Nov. 30, 1998

Nov. 30, 1998

42

SCHEDULING ORDER setting Joining of parties 1/15/99 ; Amending of pleadings 1/15/99 ; Pltf expert witness list submitted by 1/15/99 ; Deft expert witness list submitted by 2/15/99 ; Mediation deadline 4/30/99 Discovery cutoff 3/15/99 ; Deadline for filing all dispositive motions 4/5/99 ; Deadline for filing non-dispositive motions 4/5/99 ; Pretrial order to be submitted on or before 7/6/99 ; Docket call deadline 4:00 7/9/99 before Judge Nancy F. Atlas , ETT: 3-4 Days/jury, entered. Parties notified. ( Signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 12/02/1998)

Nov. 30, 1998

Nov. 30, 1998

43

OBJECTION to Subpeona Duces Tecum to class members by EEOC , filed. (fmremp) (Entered: 02/23/1999)

Feb. 22, 1999

Feb. 22, 1999

44

ORDER set pretrial conference regarding Pltf's Objection to Subpoena Decus Tecum to Class Members (#43) for 1:30 3/19/99 before Judge Nancy F. Atlas . Pltf to provide to this Court a copy of the Subpoena Decus Tecum by fax before the above set hearing date , entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 03/08/1999)

March 4, 1999

March 4, 1999

45

Minute Entry Order: Pretrial conference held. Terminated deadlines . Appearances: Kathy Boutchee f/Pltf; Rex Frazer f/Intervenor-Pltf; Kathrine Schmitt f/Defts; Parties announce on the record they have worked out their discovery disputes and stated their agreements on the record. By the agreement of counsel, the Defts Jarga Management, Point Moritz N. Apts., Valla Real Estate III Inc., L.A. Investment Properties, Inc., Bayou Apartments are dismissed with prejudice and Ren-al Rents Inc. is dismissed without prejudice in accordance with this record. Parties stipulate that Deft Chelsea North Walk Apts has sufficient employees to provide the EEOC with jurisdiction of this dispute, thus mooting pending discovery on integrated enterprise issues. The remaining Deft agrees to produce the personnel files of Ruby Lidawi and the part-time leasing agent. The Intervenor Pltfs will produce requested documents contained in Deft's newly-issued subpoena duces tecum. Parties to notify the Court of the name of their agreed mediator and the date and time of their mediation. Parties may submit to the Court an order for mediation to embody that information. reset dispositive motion filing deadline for 5/31/99 , reset non-dispositve motion filing deadline for 5/31/99 mooting [43-1] objection Ct Reporter: W. Faris , entered. Parties ntfd. ( Signed by Judge Nancy F. Atlas ) (fmremp) Modified on 03/24/1999 (Entered: 03/24/1999)

March 19, 1999

March 19, 1999

46

MOTION for summary judgment by Chelsea N Walk Apts, Motion Docket Date 6/14/99 [46-1] motion , filed. (fmremp) (Entered: 05/26/1999)

May 25, 1999

May 25, 1999

47

RESPONSE by Rose Smith, Dawn Falls to Deft's [46-1] motion for summary judgment , filed. (fmremp) (Entered: 06/16/1999)

June 16, 1999

June 16, 1999

48

30-day Conditional Order of Dismissal entered; DISMISSING case w/o prejudice to reinstatement on or before 7/30/99. Parties ntfd. ( Signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 06/30/1999)

June 29, 1999

June 29, 1999

Case closed (fmremp) (Entered: 06/30/1999)

June 29, 1999

June 29, 1999

Rec'd and fwd to CRD: Consent Decree (fmremp) (Entered: 08/02/1999)

July 30, 1999

July 30, 1999

49

CONSENT DECREE/ORDER , entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 08/04/1999)

Aug. 4, 1999

Aug. 4, 1999

50

Alternate Dispute Resolution Provider MEMORANDUM from Mediator Susan G Perin to Clerk of Court advising case referred to ADR settled , filed. (mkalmbach) (Entered: 08/19/1999)

Aug. 19, 1999

Aug. 19, 1999

Alternative Dispute Resolution Questionaire mailed to all parties of record. (mkalmbach) (Entered: 08/19/1999)

Aug. 19, 1999

Aug. 19, 1999

51

MOTION for issuance of an order to show cause why Deft Chelsea Walk North Apartments should not be held in contempt by EEOC, Motion Docket Date 10/19/99 [51-1] motion , filed. (fmremp) (Entered: 09/29/1999)

Sept. 29, 1999

Sept. 29, 1999

52

MEMORANDUM by EEOC in support of EEOC's [51-1] motion for issuance of an order to show cause why Deft Chelsea Walk North Apartments should not be held in contempt , filed (fmremp) (Entered: 09/29/1999)

Sept. 29, 1999

Sept. 29, 1999

53

Minute Entry Order: Show cause hearing held. Terminated deadlines . Appearances: Kathy Boutchee f/Pltf; Katherine B. Schmitt f/Deft. Pltf's [51-1] motion for issuance of an order to show cause why Deft Chelsea Walk North Apartments should not be held in contempt is GRANTED. The Deft must complete the terms of the Consent Decree, and schedule a meeting with all employees concerning the non-discrimination employment procedures required by the Consent Decree by 11/16/99. The Deft shall pay within two weeks 5.411%

Nov. 10, 1999

Nov. 10, 1999

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 30, 1997

Closing Date: Aug. 4, 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Ren-A1 Rents Inc, Private Entity/Person

Chelsea North Walk Apartments, Private Entity/Person

Bayou Apartments, Private Entity/Person

L.A. Investment Properties, Inc., Private Entity/Person

Valla Real Estate III Inc., Private Entity/Person

Point Moritz N. Apts., Private Entity/Person

Jarga Management, Private Entity/Person

Case Details

Causes of Action:

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

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: 10000

Order Duration: 1999 - 2002

Content of Injunction:

Discrimination Prohibition

Neutral/Positive Reference

Develop anti-discrimination policy

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Implement complaint/dispute resolution process

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit