CCaassee66::0055--ccvv--0000332200--WLEMDS DDooccuummeenntt1105 FFilieledd0022//2224//22000066 PPaaggee11ooff66

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

EQUAL EMPLOYMENT

§

OPPORTUNITY COMMISSION,

§

§

PLAINTIFF,

§

§

V.

§

§

HARGIS INDUSTRIES, L.P.,

§

§

DEFENDANT

§

6:05CV320

PLAINTIFF-INTERVENOR MICHAEL CHANDLER’S ORIGINAL COMPLAINT

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 to correct unlawful employment practices and to make whole Plaintiff-Intervenor Michael Chandler. Plaintiff-Intervenor alleges that the Defendant, Hargis Industries, L.P., subjected him to racial harassment and a hostile work environment because of his race, African American. Plaintiff-Intervenor alleges that Defendant further violated Title VII by unlawfully retaliating against Mr. Chandler by terminating his employment because of his opposition to employment practices believed to be unlawful under Title VII.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. Sections 451, 1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, (“Title VII”),

CCaassee66::0055--ccvv--0000332200--WLEMDS DDooccuummeenntt1105 FFilieledd0022//2224//22000066 PPaaggee22ooff66
42 U.S.C. Sections 2000e-5(f)(1) and (3), and Section 102 of the civil Rights Act of 1991, 42 U.S.C. 1981a.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Eastern District of Texas.
PARTIES 3. Plaintiff-Intervenor, Michael Chandler, is the former employee of Defendant and the party against whom the racially harassing conduct was directed. 4. Plaintiff, Equal Employment Opportunity Commission (the “Commission”), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(a) of Title VII, 42 U.S.C. Section 2000e-5(a). 5. At all relevant times, Defendant, Hargis Industries, L.P., has continuously been and is now doing business in the State of Texas, and has continuously had at least fifteen employees. 6. At all relevant times, Defendant has continuously been employers engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. Sections 20003-(b), (g) and (h).
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Mr. Chandler filed a charge with the Commission alleging violations of Title VII by the Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. During his employment with Defendant Hargis Industries, L.P., Plaintiff Chandler was continuously subjected to racially harassing conduct which created an

CCaassee66::0055--ccvv--0000332200--WLEMDS DDooccuummeenntt1105 FFilieledd0022//2224//22000066 PPaaggee33ooff66
intimidating and hostile work environment. All such conduct was engaged in by Defendant because of Plaintiff Chandler’s race, African American, and constitutes a violation of Section 703(a)(1) of Title VII, 42 U.S.C. Section 2000e-2.
9. Defendant’s conduct consisted of egregious acts, including but not limited to, the following:
a. Subjecting Plaintiff Chandler to the use of racial epithets and name-calling;
b. Subjecting Plaintiff Chandler to a constant barrage of racial cartoons, jokes, drawings and other literature; and
c. Subjecting Plaintiff Chandler to generally intimidating treatment on account of his race by Defendant’s supervisory personnel.
10. Upon the lodging of opposition and/or complaints by Plaintiff concerning the racial harassment, hostile work environment and attempted intimidation Defendant retaliated against Plaintiff-Intervenor by unlawfully terminating his employment relationship with Defendant.
11. As a result, Defendant violated Section 704(a) of Title VII, and deprived Plaintiff-Intervenor of equal employment opportunities. Such action further resulted in a distinct and identifiable job detriment to Plaintiff-Intervenor which has resulted in substantial damages.
12. Defendant refused repeatedly to correct, eliminate or take steps to redress the racially harassing and intimidating conduct complained of, or to eliminate the hostile work environment. Defendant’s actions in violation of federal law complained of herein were intentional.

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13. Further, Defendant acted with malice or reckless indifference to the federally guaranteed rights of Plaintiff-Intervenor.
PRAYER FOR RELIEF WHEREFORE PREMISES CONSIDERED, Plaintiff-Intervernor respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant, Hargis Industries, L.P., its officers, successors, assigns, and all persons in active concert or participation with it, and from engaging in any employment practice which discriminates in violation of Title VII. B. Order the Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for Mr. Chandler and which eradicate the effects of its past and present unlawful employment practices. C. Order the Defendant to make whole Mr. Chandler by providing appropriate back pay with prejudgment and post-judgment interest allowed by law in amounts to be proved at trial, front pay, and other affirmative relief necessary to eradicate the effects of unlawful employment practices, including but not limited to rightful place reinstatement of Mr. Chandler. D. Order the Defendant to make whole Mr. Chandler by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 8, above, including but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.

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E. Order the Defendant to make whole Mr. Chandler by providing compensation for past and future pecuniary losses resulting from the unlawful practices complained of in paragraph 8, above, in amounts to be determined at trial.
F. Order the Defendant to pay punitive damages for its malicious or reckless conduct described in paragraph 8, above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper. H. Award Plaintiff all reasonable and necessary attorneys’ fees and costs incurred as well as interest as allowed by law in the prosecution of this matter by the undersigned on his behalf.
JURY TRIAL DEMAND The Plaintiff-Intervenor requests a jury trial on all questions of fact raised by the complaint.
Respectfully submitted, RITCHESON, LAUFFER, VINCENT & DUKES A Professional Corporation 3301 Golden Road, Ste. 400 Tyler, Texas 75701 (903) 535-2900 (903) 533-8646 (FAX)
By: _______/S/____________________ LANCE VINCENT State Bar No. 20585520

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CERTIFICATE OF SERVICE
I hereby certify that I have served counsel in this case with a true and correct copy of the foregoing Motion for Leave to Intervene by sending same electronically to:
Robert A. Canino William Backhaus Suzanne M. Anderson Equal Employment Opportunity Commission Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202
John C. Hardy, III Randall J. Cook Hardy & Atherton, P.C. 909 ESE Loop 323, Ste. 750 Tyler, TX 75701

On this the 22nd day of February, 2006.

/s/ Lance Vincent Lance Vincent

 
 Case 6:05-cv-00320-MHS

Document 1-1

Filed 08/29/2005 Page 1 of 5
FILED
U.S. DISTRICT COURT
EASTERN DISTRICT OF TEXAS

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS

AUG 2 9 2005

TYLER DIVISION

DAVIOJ. MAJ.AND, Q!J;I'IK

IW !llii'UTY -------~

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

}

v.

}

}

HARGIS INDUSTRIES, L.P.

}

}

}

Defendant.

}

}

& 3 CIVIL ACTION NO. :0:;-C-V 29
COMPLAINT (JURY DEMANDED)

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 to correct unlawful

employment practices and to make whole Charging Party Michael Chandler. The Commission

alleges that the Defendant, Hargis Industries, L.P., subjected Michael Chandler to racial harassment

and a hostile work environment because ofhis race, African-American. The Commission alleges that

Defendant further violated Title VII by unlawfully retaliating against Mr. Chandler by terminating

his employment because of his opposition to employment practices believed to be unlawful under

Title VII.

JURISDICTION AND VENUE

I. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. Sections 451, 1331, 1337,

1343, and 1345. This action is authorized and instituted pursuant to Sections 706(f)(l) and(3) of

Title VII of the Civil Rights Act of 1964, as amended, ("Title VII"), 42 U.S.C. Sections 2000e-

5(f)(l) and (3), and Section 102 of the Civil Rights Act of 1991,42 U.S.C. 198la.

COMPLAINT

I

Case 6:05-cv-00320-MHS Document 1-1 Filed 08/29/2005 Page 2 of 5

2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Eastern District of Texas.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(a) of Title VII, 42 U.S.C. Section 2000e-5(a). 4. At all relevant times, Defendant, Hargis Industries, L.P., has continuously been and is now doing business in the State of Texas, and has continuously had at least fifteen employees. 5. At all relevant times, Defendant has continuously been employers engaged in an industry affecting commerce within the meaning of Sections 70 I(b), (g) and (h) of Title VII, 42 U.S.C. Sections 2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Mr. Chandler filed a charge with the Commission alleging violations of Title VII by the Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. During the employment of Mr. Chandler, Defendant subjected him to racial harassment and a hostile work environment because of his race, African-American, in violation of Section 703(a)(l) of Title VII, 42 U.S.C. Section 2000e-2. Further, on or about March 5, 2004, Defendant unlawfully terminated Mr. Chandler's employment in retaliation for his opposition of a discriminatory act, in violation of Section 704(a) of Title VII. 8. The effect ofthe practices complained of above has been to deprive Mr. Chandler of

COMPLAINT

2

Case 6:05-cv-00320-MHS Document 1-1 Filed 08/29/2005 Page 3 of 5

equal employment opportunities and otherwise adversely affect his status as an employee. 9. The unlawful employment practices complained of in paragraph 7, above, were
intentional. 10. The unlawful employment practices complained of in paragraph 7, above, were done
with malice or reckless indifference to the federally protected rights of Mr. Chandler. PRAYER FOR RELIEF
Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant, Hargis Industries, L.P., its officers, successors, assigns, and all persons in active concert or participation with it, and from engaging in any employment practice which discriminates in violation of Title VII. B. Order the Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for Mr. Chandler and which eradicate the effects of its past and present unlawful employment practices. C. Order the Defendant to make whole Mr. Chandler by providing appropriate back pay with prejudgment interest in amounts to be proved at trial, front pay, and other affirmative relief necessary to eradicate the effects of unlawful employment practices, including but not limited to rightful place reinstatement of Mr. Chandler. D. Order the Defendant to make whole Mr. Chandler by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 7, above, including but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial. E. Order the Defendant to make whole Mr. Chandler by providing compensation for past

COMPLAINT

3

Case 6:05-cv-00320-MHS Document 1-1 Filed 08/29/2005 Page 4 of 5
and future pecuniary losses resulting from the unlawful practices complained of in paragraph 7, above, in amounts to be determined at trial.
F. Order the Defendant to pay punitive damages for its malicious or reckless conduct described in paragraph 7, above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper. H. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by the complaint.
Respectfully submitted, ERIC S. DREIBAND General Counsel GWENDOLYN Y. REAMS Deputy General Counsel-::;--.,_,-----
~~A~~ Regional Attorney Oklahoma State Bar No. 011782 ~~------!SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470

COMPLAINT

Senior Trial Att y Texas Bar No. 01493850
4

Case 6:05-cv-00320-MHS Document 1-1 Filed 08/29/2005 Page 5 of 5
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202 (214) 253-2742 (214) 253-2749 (FAX)

COMPLAINT

5

 
 Case 6:05-cv-00320-MHS Document 40 Filed 11/02/2006 Page 1 of 8

IN TH E: UN IT ED STAn : S IJISTlUC r COU RT FOR TH E [ ASTE RN IJIST Rlcr O F TE XAS TY LER OI VISION

EQUAL EMPLOYMENT OPPO RTUN ITl'

I

Cm.!l\ IISS ION,

I

}

Plaint iff.

}

}

MIC HAEL CHAN DL ER.

}

}

, .

Inle l"\·en or,

}
}

I

II ARG IS I NDUS T RI ES. L.I'.

I

___________Il_ef_en_da_nt.______1I}

C IVI L ACTION NO. 6..{l5-CV320

CONSENT I) ECRU: THIS CONSENT DEC REE is made and eDlcred into byand betwe<'n the Equal Employmem Opportunit) Commission (""EEOC'·), Michael Chandler. Intervenor ("'Chandler··) and H(lrgi s Industries. L. P. (,·Defendant"') in th" United Siaies District Court for the Easlem DisiriCI ofTe~as. Tyler Division. wilh regard 10 me EEOCs Complaim.filed in Civil AClion No. 6-05CV320. The Complaint was based upon a Charge of Discriminalion filed by Miehael Chandler, Charging Party. againsl lhe Defendant. Charge No. ) 10-2004-02506. TIle ahove- refeTCneed Complainl filed by EEOC alleges Ihal Ihe Defendanl \ iolatcd Title VII of llie Civil Righls Act of 1964. as amended. by discriminating againsl Michael Ciland ier by subjccMg Michael Chan dler 10 racial harassment and a hoslile work enviroruncnt because of his race. African American and by unlawfully retaliating against Michael Chandler by lenninating his employment because of hi, opposition to employment praclices believed 10 be unlawful under Tille VII. .\1r Chand ler ime,,·ened as a party plaintifTand filed his Complaint on February 22. 2()()6. The
CO:O;S[,IT DECREE

Case 6:05-cv-00320-MHS Document 40 Filed 11/02/2006 Page 2 of 8
Defendantdenies all of the alleg9tions made in the Complaint filed by EEOC and Mr. Chandler. By e~ccut ion of this Consent Decree, Hargis Industries L.P. does nOI acknol\ledge in any respectlhe a llcg9tions asserted by EEOC and/or Mr. Chandler.
The EEOC and the Defendant agree to compromise and seule thc differences embodied in the Compl9Jnts filed by EEOC and Mr. Chandler and intend that the terms and conditions of the compromise and settlement be set fonh in this Consent Decree ("Consent Decree").
NOW. THEREFORE. in consideration of the mutual promises and agreements set forth herein, the sufficiency ofwhich is hereby acknowledged, the panics agree as follows, the Court tinds appropriate, and therefore, it is ORDERED, ADJ UDGED AND DECREED that:
I. This COl1SCnt Decree resohes all issues raised in the EEOC Charge. This Decree funher resolves all issues in the Complaints filed by the EEOC and Mr , Chandler in this ~ivil action. The EEOC and Mr. Chandler waive and fully and finally release further claims andlor litigation on all issues raised or which could be raised in the abol e referenced Charge and Complaints. The EEOC does not waive processing or litigating Charges other than the above-referenced Charge.
2. Defendant Hargis Industries. L.P agrees that it shall conduct all employment practices in 9 manner that docs not subjcrt any employee to discrimination on the basis of race. as prohibited by Title VII of the Civil Rights Act of 1964. as amended.
J. Defendant Hargis Industries. L.P. agrees to post the Notice appended hereto as Attachment" A" on the employee bulletin boards at all Hargis Industries. L. P. locations in Tyler. Texas, including Seaitite Fasteners and E.T. Fasteners within ten (10) days after the entry of this Consent Ikerce. Defendant Hargis Industries. L? will report to the EEOC that il has complied with this requirement within 14 days after posting the Notice. The Notice shall remain postcd during the
COO'lS E " T DEC REE

Case 6:05-cv-00320-MHS Document 40 Filed 11/02/2006 Page 3 of 8
lI.'nn of this Consent o...-erec . 4. Defendant Hargis industries, L.P. shall develop and implement a written policy
prohibi ting discrimination in the workplace, including race discrimination, and includinga complaint procedure for employees to notify Defendant Hargis industries, L.P. of any alleged complaints of discrimination. Defendant Hargis Industries, L.P. agrees to distribute the policy to all employees \\;thin 90 days after the entry of thi s Consent Decrec. Defendant Hargis Industries, L.P. will provide a copy of the policy to EEOC and will report to the EEOC that it has complied with these requirements within 14 days after di stributing the policy to its employees.
5. Defendant Hargis Indu5lTies. L.P. agrees to conduct a training session each year during the tenn of this Consent Dct:ree for all supervisory and management employees of Hargis Ind ustn es, L. P.. including those supervisory and management employees ofSealtite Fasteners and E.T. Fasteners, advising them ofthe requirements and prohibitions of thc federal anti-discrimination laws with special emphasis on race discrimination. The training will infonn the employees nfthe complaint procedure for individuals", ho belicl'e they have eXpcr1enced discnm ination . The training "ill also advise management and the supervisory employees of the consequences of violating the federal anti-discrimination laws. Each train ing sessioll shall be at leas! one hour in duratio n. The Defend:mt will provide EEOC with a copy of all materials used in the firs t year of training "ithin 30 days of the training. The De fendant will send an acknowledgement tothe EEOC when the second tm ining occurs.
6. During thc tenn of this COllSCnt Dc.::rcc. supervisors and managers for Defendant Harg is Industries, L.P .. will provide Defendant"S wri ncn policy to all cmployees they supervise and will in f<.lnn "mployees they supervise about the policy. and the complaint procedure for indil iduals
CONSE' , DEC RE E

Case 6:05-cv-00320-MHS Document 40 Filed 11/02/2006 Page 4 of 8
"ho believe they have experienced discrimination. 7. D~fendant agrees to remove from aU personnel tiles of Mi"haei Chandler all
documents, entries and references relaling 10: the facts and circumstances which led to the filing of his Charge of Discrimination: the Charge itself; and the Complaint filed by the EEOC and Mr. Chandler in federal court based upon his Charge. Defendant Hargis Industries. LP. will report to the EEOC within 14 days of the entl) of this Conscnt Decree regarding ils compliance with this paragraph.
8. Defendant Hargis Industries. LP. agrees 10 provide Michael Chandler with a neutral leller ofinfonnation including positions held. dates of cmplo)ment and salary.
9. Defendant agrees thai it will advise all managers and supervisors of their dUly to adivd) monitor Iheir work areas 10 ensure employees' compliance with the company's policy against race discrim ination, and to rcport any incidents andlor complaints of race discrimination of "hieh they bcrome aware: to the persons charged with handling such eomplaints_
10. Defendant Hargis industries. LP. agrees that there shall be no discrimination or retaliation of any kind against any ]X'rson working for the Defendant bcrausc of opposition to ony practice declared unlawful under Title VII or because orlhe filing of a Charge: gil ing testimony or assistance or participating in any manner in any invC5tigation, proceeding or hearing under Title VII,
11. Defendant Hargis Industries. LP. agrees to pay to Mr, Chandlerthe full and final sum of$30,000,00 and nol lOO dollars in compromise and full satisfaction of all claims, which were or could be raised in this causc.
12. The payment referenced in paragraph ! I. above. shall be made wilhin 21 days of the issuance of this COll5Cnt Dttree_ Defendant Hargis Industries. L.P. agrees to repon 10 the EEOC
c m's£'IT [lEC R [[

Case 6:05-cv-00320-MHS Document 40 Filed 11/02/2006 Page 5 of 8
within 14 days after the P<lymem referenel~ in paragraph 11 regarding its compliance with this paragraph ..
13. All relXlrtsto the EEOC required by this Decreeshall beS<'nt to William C. Backhaus.
Senior rrial Attomcy. EEOC, 207 South Houston Street. Third Floor. Dallas, Texas 75202. 14. If Defendant Ilargis Industries. L. P. fails to tender pJyment or otherv.iS<' fails to
timely comply with the tcnns of paragraph 11 above. Defendant Hargis Industries. L.? shall, as applicable:
a. Pay interest at the rate calculated pursuant to 26 USc. Section 662J(b) on an} untimely or unpaid amounts; and
b. Bear any additional costs incurred by the EEOC caused by the noncompliance or delay of the Defendant.
15. Neither the EEOC. Chandler nor Defendant Hargis Industries. L.P,shall conlCstthe val idit} ofthis Consent De<:ree nor the Jurisdiction of the federal district court fnr the Eastern District of Texas. T} ler Division to enforce this Consent Decree and its tennsor lhe right of any party to the ConS<'nt rkcrce to bring an enforeement action ulXln breach of illl} tenn ofthi, ConS<'nt Dttr~'{; by any such party. Nothing in this I:kcrec sh:I11 be construed to preclude the EEOC from enforcing this Decree in the event that Defendant Hargis Industries. LP. fails to perfonn the promises and representations contained herein , EEOC will provide the Defendant with written notice and an OPlXlnunity to cure at least 30 days before taking any action to enforee. The EEOC shall be authori.red to seck compliance with the ConS<'nt Decree through ci\'il action in the United States
CONS [ '1T I>[ CR[[

Case 6:05-cv-00320-MHS Document 40 Filed 11/02/2006 Page 6 of 8 District Coun. The EEOC also reserves the right to seek contcmpt sanctions for non-pa)'mcnt and non-compliancc "ith this Coun Order.
16. The panies to this Consent Decree agree to bear their own costs and 9uomcy's fees associated with the above-referenccd Complaints.
17. Thc tcnn of this Decree shall be for 2 ycars.
SO ORDERED. ADJUDGED AND DECREED this _ _ 2 _ day of
est
_ _No_ vem_ber_ _.2006.
UNITED STATES DISTRICT JUDGE EASTERN DISTRICT OF TEXAS
CO~S[" T O[CR[[

Case 6:05-cv-00320-MHS Document 40 Filed 11/02/2006 Page 7 of 8
AGREED AS TO FORM AND SUBSTANCE: FOR THE PLA INT lFF EQ UAL EMPLOYMENT OPPOnTUN ITY CO;\1.\1 ISS ION:
Regional Attorney SUt:A."INE Al\'DERSON. Texas Stille Bar No. 14009470 Supervisory Trial Attorney WILLIAM C. BACKHAUS, Texas Slale Bar No. 01 493850 Senior Trial Attorney Dallas District Office 207 South Houslon SIfC1..>I, lbird Floor Dallas, Texas 75202 Tel. No. 214 -253·27~2; fax No. 214·253·2749 FOR INTERVF.NOR i\ I IC IIAEL UlANIlU; lt:
RITCHESON. LAUFFER, VTNCENT & DUKES. P.C. 3301 Golden Road, Suite 400 Tyler, Texas 75701 Tel. No. 903·535·2900; Fax No. 903·533·8646 FOlt DEFEl'I'OMH:
RA~"'''6<iO
HARDY & ATHERTON. p.e 909 ESE Loop 323, Suite 750 T~'ler, Texas 75701 Tel. No. 903.561·8400; Fax No. 903 - 561·~228
100 E.

Case 6:05-cv-00320-MHS Document 40 Filed 11/02/2006 Page 8 of 8
Tyler. Texas 15102 Tel No. 903 -595·3 Il l; Fax No. 903-595-019 ]
CONSENT Of.CR£E

 
 CM/ECF LIVE - U.S. District Court:txed - Docket Report

https://ecf.txed.uscourts.gov/cgi-bin/DktRpt.pl?734109178648539-L_9...

U.S. District Court [LIVE] Eastern District of TEXAS LIVE (Tyler) CIVIL DOCKET FOR CASE #: 6:05-cv-00320-MHS

CLOSED

Equal Employment Opportunity Commission v. Hargis Industries, LP Assigned to: Judge Michael H. Schneider Cause: 42:2000 Job Discrimination (Race)

Date Filed: 08/29/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Mediator Judith K Guthrie

Plaintiff
Equal Employment Opportunity Commission

represented by Robert A Canino Equal Employment Opportunity Commission 207 S Houston St 3rd Floor Dallas, TX 75202 Dalla 214/655-3335 Email: robert.canino@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

William C Backhaus Equal Employment Opportunity Commission 207 S Houston St 3rd Floor Dallas, TX 75202 214/655-3335 Fax: 12146553331 Email: william.backhaus@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Hargis Industries, LP

represented by Herbert A Yarbrough, III Attorney at Law 100 E Ferguson Suite 1015 Tyler, TX 75702 903/595-3111

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Intervenor Michael Chandler

Fax: 19035950191 Email: trey@yarbroughlawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
John C Hardy, III Hardy & Atherton 909 ESE Loop 323 Suite 750 Tyler, TX 75701 903/561-8400 Fax: 9035618228 Email: john@hardylaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Randall Jay Cook Hardy & Atherton 909 ESE Loop 323 Suite 750 Tyler, TX 75701 903/561-8400 Fax: 9035618228 Email: randy@hardylaw.com ATTORNEY TO BE NOTICED
represented by Bobby Lance Vincent Ritcheson Lauffer Vincent & Dukes 2 American Center 821 ESE Loop 323, Suite 530 Tyler, TX 75701 903/535/2900 Fax: 903-533-8646 Email: lancev@rllawfirm.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/29/2005
08/29/2005 08/29/2005

#

Docket Text

1 COMPLAINT against Hargis Industries, LP , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet # 2 Cover Letter)(mll, ) (Entered: 08/31/2005)
2 NOTICE of Certificate of interested persons by Equal Employment Opportunity Commission (mll, ) (Entered: 08/31/2005)
Summons Issued as to Hargis Industries, LP. (mll, ) (Entered: 08/31/2005)

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08/29/2005 08/31/2005 10/07/2005 12/29/2005
01/20/2006 01/23/2006
02/16/2006 02/22/2006 02/22/2006 02/22/2006 02/24/2006 02/24/2006 02/24/2006 03/01/2006 03/09/2006 03/09/2006 03/09/2006

3 NOTICE OF CASE ASSIGNMENT cc:pltf 8-31-05 (mll, ) (Entered: 08/31/2005)
4 Magistrate Consent Form Mailed to Equal Employment Opportunity Commission (mll, ) (Entered: 08/31/2005)
5 ANSWER to Complaint by Hargis Industries, LP.(Hardy, John) (Entered: 10/07/2005)
6 ORDER setting Scheduling Conference set for 1/27/2006 10:00 AM before Judge William M. Steger. Signed by Judge William M. Steger on 12/29/05. cc:attys 12-29-05(mll, ) (Entered: 12/29/2005)
7 Joint MOTION to Continue and Joint Scheduling Report by Hargis Industries, LP. (Cook, Randall) (Entered: 01/20/2006)
8 SCHEDULING ORDER: Amended Pleadings due by 8/5/2006. Discovery due by 7/22/2006. Expert Witness List due by 5/15/2006. Identify trial witnesses by 8/19/2006. Joinder of Parties due by 2/27/2006. Jury instructions due by 10/30/2006. Jury Selection set for 11/13/2006 10:00AM before Judge William M. Steger. Mediation Completion due by 8/19/2006. Dispositive Motions due by 8/5/2006; All pretrial motions and motions in limine due 10-30-06. Proposed Pretrial Order due by 10/30/2006. Signed by Judge William M. Steger on 01/23/06. cc:attys 1-23-06 (mll, ) (Entered: 01/23/2006)
9 Case assigned to Judge Leonard Davis. Judge William M. Steger no longer assigned to the case. (per General Order 06-05) (mll, ) (Entered: 02/21/2006)
10 MOTION to Intervene For Leave by Michael Chandler. (Attachments: # 1 Complaint# 2 Text of Proposed Order)(Vincent, Bobby) (Entered: 02/22/2006)
11 NOTICE of Disclosure by Equal Employment Opportunity Commission Plaintiff's Initial Disclosure (Vincent, Bobby) (Entered: 02/22/2006)
12 NOTICE of Disclosure by Hargis Industries, LP (Cook, Randall) (Entered: 02/22/2006)
13 ORDER Regarding Reassignment of Case. Signed by Judge Leonard Davis on 2/24/2006. (rvw, ) (Entered: 02/24/2006)
14 ORDER granting 10 Motion to Intervene by Michael Chandler. Signed by Judge Leonard Davis on 2/24/2006. (rvw, ) (Entered: 02/24/2006)
15 Intervenor COMPLAINT , filed by Michael Chandler.(rvw, ) (Entered: 02/24/2006)
16 Case reassigned to Judge William M. Steger. Judge Leonard Davis no longer assigned to the case. (Per General Order 06-07) (mll, ) (Entered: 03/06/2006)
17 NOTICE of Disclosure by Hargis Industries, LP (Additional Disclosure) (Cook, Randall) (Entered: 03/09/2006)
18 NOTICE of Disclosure by Michael Chandler (Additional Disclosure) (Vincent, Bobby) (Entered: 03/09/2006)
19 NOTICE of Disclosure by Equal Employment Opportunity Commission (Additional Disclosure) (Vincent, Bobby) (Entered: 03/09/2006)

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08/04/2006 08/04/2006
08/04/2006 08/18/2006 08/21/2006 08/21/2006 08/25/2006 09/05/2006

20 NOTICE of Disclosure by Michael Chandler (Initial Disclosure) (Vincent, Bobby) (Entered: 03/09/2006)
21 NOTICE of Disclosure by Michael Chandler (Privilege Log) (Vincent, Bobby) (Entered: 03/24/2006)
22 NOTICE by Michael Chandler Vacation Letter (Vincent, Bobby) (Entered: 06/08/2006)
23 Case assigned to Judge Michael H. Schneider. Judge William M. Steger no longer assigned to the case. (Per General Order 06-12) (mll, ) (Entered: 06/09/2006)
24 NOTICE of Attorney Appearance by Herbert A Yarbrough, III on behalf of Hargis Industries, LP (Yarbrough, Herbert) (Entered: 07/12/2006)
25 MOTION for Extension of Time to File Motion for Summary Judgment by Hargis Industries, LP. (Attachments: # 1 Text of Proposed Order Granting Extension to file Motion for Summary Judgment)(Yarbrough, Herbert) (Entered: 08/02/2006)
26 ORDER Mediation Conference set for 9/22/2006 10:00 AM before Magistrate Judge Judith K. Guthrie in Tyler. Signed by Judge Judith K. Guthrie on 8/4/06. (mjc ) (Entered: 08/04/2006)
27 ORDER granting 25 Motion for Extension of Time to File Motion for Summary Judgment. It is ORDERED that defendant, Hargis Industries, L.P. has until 8/21/2006 to file its motion for summary judgment.. Signed by Judge Michael H. Schneider on 8/4/2006. (mpt, ) (Entered: 08/04/2006)
Set/Reset Deadlines: Motion for summary judgment due by 8/21/2006. (mpt, ) (Entered: 08/04/2006)
28 Fact/Trial Witness List by Equal Employment Opportunity Commission, Michael Chandler. (Vincent, Bobby) (Entered: 08/18/2006)
29 Trial Witness List by Hargis Industries, LP. (Yarbrough, Herbert) (Entered: 08/21/2006)
30 MOTION for Summary Judgment by Hargis Industries, LP. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Text of Proposed Order Proposed Order)(Yarbrough, Herbert) (Entered: 08/21/2006)
31 NOTICE of Disclosure by Hargis Industries, LP Defendant's First Supplemental Initial Disclosures (Yarbrough, Herbert) (Entered: 08/25/2006)
32 RESPONSE in Opposition re 30 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Exhibit A-Depo Michael Chandler# 2 Exhibit Exhibit A-Continuation of Michael Chandler# 3 Exhibit Exhibit B-Depo David Roberts# 4 Exhibit Exhibit C-Depo Luis Casiano# 5 Exhibit Exhibit D-Depo Joseph Stockton# 6 Exhibit Exhibit E-Depo Michael May# 7 Exhibit Exhibit F-Depo James Carter# 8 Exhibit Exhibit 1# 9 Exhibit Exhibit 2# 10 Exhibit Exhibit 3# 11 Errata Exhibit 4)(Backhaus, William) (Entered: 09/05/2006)

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09/11/2006 09/12/2006 09/12/2006 09/18/2006 09/22/2006 09/25/2006 10/30/2006 11/02/2006

33 Additional Attachments to Main Document: 32 Response in Opposition to Motion,,.. (Attachments: # 1 Exhibit Exhibit 5# 2 Exhibit Exhibit 6# 3 Exhibit Exhibit 7# 4 Exhibit Exhibit 8# 5 Exhibit Exhibit 9# 6 Exhibit Exhibit 10# 7 Errata Exhibit 11# 8 Exhibit Exhibit 12# 9 Exhibit Exhibit 13# 10 Exhibit Exhibit 14# 11 Exhibit Exhibit 15# 12 Exhibit Exhibit 16# 13 Text of Proposed Order Proposed Order)(Backhaus, William) (Entered: 09/05/2006)
34 MOTION for Extension of Time to File Response/Reply to EEOC's Response to Defendant's Motion for Summary Judgment by Hargis Industries, LP. (Attachments: # 1 Text of Proposed Order)(Yarbrough, Herbert) (Entered: 09/11/2006)
35 RESPONSE to Motion re 34 MOTION for Extension of Time to File Response/Reply to EEOC's Response to Defendant's Motion for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order Order)(Backhaus, William) (Entered: 09/12/2006)
36 ORDER granting 34 Motion for Extension of Time to File Response re 30 MOTION for Summary Judgment. Response due by 9/18/2006. Signed by Judge Michael H. Schneider on 09/12/06. cc:attys 9-12-06 (mll, ) (Entered: 09/12/2006)
37 REPLY to Response to Motion re 30 MOTION for Summary Judgment filed by Hargis Industries, LP. (Attachments: # 1 Exhibit A)(Yarbrough, Herbert) (Entered: 09/18/2006)
Minute Entry for proceedings held before Judge Judith K. Guthrie : Mediation Conference held on 9/22/2006. Settled. (Court Reporter T. Nickelson.) (tln, ) (Entered: 09/26/2006)
38 REPORT OF MEDIATION by Judith K Guthrie. Mediation result: settled. (mll, ) (Entered: 09/26/2006)
39 NOTICE by Equal Employment Opportunity Commission Consent Decree (Backhaus, William) (Entered: 10/30/2006)
40 ORDER OF ENTRY re Consent Decree. Parties shall bear their own costs and attys' fees. Signed by Judge Michael H. Schneider on 11/02/06. cc:attys 11-3-06(mll, ) (Entered: 11/03/2006)

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