UNITED STATES DISTRICT COlJllT SOUTHERN IlISTlHCT OF TIcXAS
MCALLEN DIVJSION

UNITED STATES OF AMERICA, Plaintiff,
v.
CITY OF ELSA, TEXAS, DC[C1Hlant.

Civil Action No. JURY TRIAL DEMANDED

COMPLAINT AND DEMAND FOR JURY TRIAL

PlainljlT,lhe United States of America, alleges:

1. This action is brought 011 bdllll( of the Umtcd Slates to enforce the provisions of

l'itfc Vll ofthc Civil Rights Act of 1964, liS (III/elided, 42U.S.C. § 2000c, ('1 seq. ("Title VII").

2. This Court has jurisdiction oflhc action under 42 U.S.c. § 2000c-5(f) and

28 U.S.c. § 1345.

]. Defendant, the City of Elsa, is a cilY located in Hidalgo County, Texas.

4. Defendant is a "person" witbin the meaning 0[42 tJ.S.c. § 2000c(a) and an

"employer" within the meaning of 42 U.S.c. § 2000c(b}

5.

Defendant h;JS subjected Patricia J)cc<llliJli to discrimination on the basis of her

sex, in vIolation of Section 703(a) of Tille VII, 42 U.S.c. § 2000c-2(a), among other ways, by:

(a) Rcmoving Ms. Dceanilli's dUlies as 13ailiff and Warrant Officer in or aboul

Octoher }002, ;md assigning those dUlies to a IJl<dc; <llld

(h) Failing or refusing 10 take appropriatc aelion lo remedy the effects of Illl;

discriminatory trcatment of Ms. Oeclltlini.

6.

Defendant has subjected Patricia Dccaninl, Maricc!n Eslimbo, and A!fricda Rcycs

(o retaliation, in villliltion ofSectio1l704(a) ofTitlc VII, 42ll.S.C. § 2000c-3(a), among other

ways, by:

(a) Discharging Ms. Decanini for opposing conduct that she reasonably and in

good faith believed to he unlawful under Title VrI ancl for fIling a charge of discrimination under

Tille VII;

(b) Discharging Ms. Estimbo for opposing conduct thai she reasonably and in

good faith believed to be unlawful under Tille VII and for filing a eharge of discrimination under

Title VIl; and

(c) Discharging Ms. Reyes for opposing conduct that she reasonably and in

good laith belicved io be \mlawful under Tilk Vll and for Wing a charge of discrimination under

Title VlI.

7.

The EquaJ Employment Opportunity Commission ("EEOC") received a timely

(:harge (Charge No. 360A300262) filed by Ms. Dccanini on November 25, 2002, a!1eging Ihut

she had been discriminated against on the bnsis of sex when her duties ,L') Bailiff lint! WalTflill

Officer were removed. Ms. Oceanir)! amended her charge with fhe EEOC on March 20, 2003 to

add all <lllcgation thai she had been suspendcd and discharged because of her sex and in

retaliation for protesting unlawful discrimiJl;ltiotl, including filing 11 charge of discrimination with

the EEOC. Pursu<lnt to Section 706 ofTillc VII, 42 U.S.c. § 2000e-5, the EEOC jnvcstig<lted

1Ill' charge, found reasonable cause to hell eve thul Ms. Decanilli's allegations were true,

2

attempted unsuccessfully to 8chieve through conciliatlOll U\'olul1!ary resolution orlhe charge,

and Subscqtlcntly referred the mailer to tbe Dcpat"llHellt o[Justice.

8.

Thc EEOC received <I timely ch,ugc (Charge No. 360A3002(5) filed by Ms.

Estimbo on Novcrllhcr 27,2002, alleging OWL she had becn transfeo'cd involuntarily finm her

position as Court Coordinator because of her sex ami in retaliation lex having opposed the

discriminatory removal of Decanini '$ Bailiff ano Warrant Ofriccr dUlies. Ms. Estimbo filed a

second timely charge with the EEOC (Charge No. 360-2003-03286) 011 June 20, 2003. alleging

that shc had been dischargcd because of her sex and in retaliation for protesting unlawful

discrimination, including filing a chargc of discrimination with the EEOC. Pursuant to Section

706 of Title VII, 42 USc. § 2000e-5, the EEOC illvestig,ltcd hath orMs. Estimbo's charges,

found rcasOllabJe cause to belicvc that Ms. Estimbo's allegations were true, attempted

ullsuccessfully to achieve through conciliation a voluntary resolution of the cbarges, and

subsequcntly refcrred the matters to the Depnrtrncnt of Justice.

I).

The EEOC received a timely chmgc (Charge No. 360A300S07) fikd by Ms.

Reyes on March 25, 2003, <ll1cging that she had been dCllloh:d from her position tiS City Secretary

bec<luse of her scx and in retaliation Jor having opposed the discriminatory removal of Decanini '$

Bailiff and Warrillit Officer duties. Ms. Rcycs fiJed a second timely cllarge with tile EEOC

(Charge No. )(lO-200:Q)5247) on August 25, 2003, <lllcging IhM she had heen di:;chargcd

because of her sex and in retaliation for protc~ting unlawful discrimination, including filing a

charge of discrirninatioll with {he f.£Oc. l'ursuanlto Section 706 orTi!lc VII, 42 lJ.S.c.

§ 2000c-5, the EEOC investtgated both of Ms. Reyes's charges, found reasonahle cause to belicve that Ms. Reyes's allegatiuns were true, alll::mpted unsuccessfully tu i.!chicve through conei liation avo! lllltary resolution of the charges, ant! suhsequently referred the matter::; to tbc Department of JlIstiec.
10. All conditions precedent to the filtJlg of suit have been performed or have Decuned.
WHEREFORE, Plaintirrpruys that the Court grant the following relief: (a) Enjoin Defendant from subjecting employees to discriminatory
employment policics and practices oased on sex; (b) Enjoin Defendant fWIll engagiJlg in rd<lliatory clllploymcnt policics and
practices against employees who protest what they retlsonahly helieve to be unlawful diSCrimination under Title Vii, <lud for filing charges of discrimination with the EEOC;
(c) Enjoin DcrcndullI from f.1iling or refusing 10 provide sufficient remedial re!icfla charging parties Patritia Dccanini, Marieela l~slimbo, and Alfricda Reyes to make them whole for the losses Ihey have suffercd as a result of the discrimiuatjoll and retaliation against Ihem as alleged in this Complaint;
(d) Award compensatory damagc:-i to Charging p!lrties Patricia Decanini, Mflricc!a Estimba and AIIl·icda Reyes to fully compensate them lor the injuries caused by Defendant's discriminatory :md retaliatory conduct, Pllfsll<tn! to and within the slatutmy limitalions ofScelion 102 orlhe Civil Riehls Ad of 1991, 42 U.S.C. § 1981a; and
(c) Award ~uch additional relic:fasjllslicc nJay require, together with Plaintifrs costs und disbmsc!l1cnls ill this aetioll.
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JURY DEMAN!)
The United Slates hereby demands a triLlI by jury of <II! issues so triahle pursumlt to Rule
38 oftbe Federal Rules of Civil Procedure and Section J02 ofthe Civil Rights Act of 19Y I,
42 U.S.C. § 1981(a).
R. ALEXANDER ACOSTA Assistnnt Attorney General Civil Righls Division
By: ( '::~:t):7I~ J~ .. ~/J____-. . DAVIDJ.!, LMER(IlCHarNo417834) CbicJ~ Employmcll! f ,iligation Section Civi.l Rights I,ivisioll \.JJJ..~ t c4>-'.~ toW-, ;:~" ------------------_.--. -'.-.- - --- ----,-._---------- - --".-WILLIAM B FENTON (DC ll"No. 414990) Deputy Section Chief LOOlS LOPEZ (DC Bar No_ 461(62) IIECTOR F. RUIZ, JR. (Texas Bar No. 24029814) Attorneys-in-Charge Employment Litigation Section, PHB Civil Rights Division United States Dcpin1menl of Justice 950 Constitution Avenue, NW, Room 4920 Washington, DC 20530 (202) 353·1845 (202) 514·1105 (fax)
(.uk UJ~...0;
-Ki~Tl-i{\\;-YAi:T(·'rex-~; Bar No. ii092(00)
DA VID GUERRA (Texas Bar No. 08575200; Sonthern District ofTcx'1S Bar No, 14435)
Assistant United Stutes AUurncys .southcm District of Texas 91 () Travis Street HOllston, TX 77208 (713) 567·9000
5

 
 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION

UNITED STATES OF AMERICA, Plaintiff,
VS. CITY OF ELSA, TEXAS,
Defendant.

§ § § § CIVIL ACTION NO. M-05-38 § § § §

ORDER
Th.e Joint UnoppMed Metio!}. f{ll' Entry l:'..nd A~roval of Ccnse-nt Dc.~~:~e submi1tedby the PlaintiffUruted States of An:te~:ic·a mld theDefendant the City ofElsa1 Texas. is granted. The

:retain jurisdiction QV{"!f lile fJuited States' a.ctkm while the ConseJlt.Decroe remains in effect

111
DEC-21-2005 13:22

713 250 5434

97%

P.02

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
Civil Action No. 7:05-cv-38 United States of America,
Plaintiff, v.
The City of Elsa, Texas, Defendant.
CONSENT DECREE
This action was brought by the United States of America against the City of Elsa, Texas
(the "City") to enforce the provisions of Title vn ofthe Civil Rights Act of 1964, as amended,
42 U.s.C. § 2000e, et seq. In its Complaint, the United States alleges that the City has subjected Patricia Decanini to discrimination on the basis of sex in violation of 42 U.S.C. § 2000e-2(a), and has subjected Patricia Decanini, Maricela Estimbo, and Alfrieda Reyes to retaliation in violation of 42 U.S.C. § 2000e-3(a).
The parties, desiring to settle appropriately this action, agree to jurisdiction ofthis Court over them and the subj ect matter of this action, and hereby waive the entry oJ fmdings offact and conclusions oflaw. The parties, desiring to avoid protracted and unnecessmy litigation, also accept this Consent Decree ("Decree") as final on the issues resolved. This Decree, being
entered with the consent ofthe parties, will not constitute an admission, adjudication or fmding

on the merits oftbis action, and the City denies that any lmlawful sex discrimination or retaliation has occurred.
In resolution oftbis action, the parties hereby'AGREE and the Court expressly APPROVES, ENTERS AND ORDERS the following:
I. PARTmS AND DEFINITIONS 1. The parties to tbis Decree are the United States, by the Department of Justice
("United States"), and the City ofElsa, Texas. 2. The City of Elsa, its current, fonner and future agents, employees, officials,
designees and successors in interests are referred to hereinafter as the "City." 3. Patricia Decanini is refen-ed to hereinafter as "Decanini." 4. Maricela Estimbo is referred to hereinafter as ''Estimbo.'' 5. Almeda Reyes is refen-ed to hereinafter as "Reyes." 6. The Equal Employment Opportunity Commission is refen-ed to hereinafter as the
"EEOC." 7. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq.,
is referred to hereinafter as "Title VII." 8. ''Retaliation'' is any act that would be prohibited under Title VII's prohibitions
against retaliation such as taking an adverse employment action because the employee has opposed any practice he or she reasonably believes violates Title VII, or has made a fonnal or informal complaint or charge, testified, assisted, or participated in any manner in a formal or informal investigation, proceeding or hearing relating to a practice alleged to violate Title VIT.
2

n. SPECIFIC RELIEF

9. Without admitting the allegations ofthe United States, and in settlement of the

United States' clainls for relief for Decanini, Estimbo and Reyes, as well as in settlement ofthe

claims of Decanini, Estimbo and Reyes if each accepts the relief provided to her by this Decree,

the City agrees'to do the following:

A. Patricia Decanini

i.

The City will offer Decanini reinstatement into her previous

po~ition of''Police Officer" at the Elsa Police Department, at the salary and level of seniority that

she would be entitled to had she remained in that position without interruption. The City also

will offer to provide remedial pension and/or Social Security benefits, as appropriate, to Decanini

for the period oftime between her discharge and her reinstatement. The amount the City pays for "

these benefits ~rill not be deducted from the monetary award to be offered to Decanini pursuant

to paragraph A(ii) below.

ii. The City will offer Decanini a total monetary award (inclusive of

attomey's fees) of$30,000.00, ofwhich $10,000.00 'will be attributed to backpay, and

$20,000.00 will be attributed to compensatory damages. The compensatory damages will be paid

ill one lump sum, while the backpay amount will be paid ill installments by the City to Decanini

within a one-year time period.

111. The City will not provide negative employment refere)1ces for

Decanini to any future prospective employer th~t inquires about her past employment in the Elsa

Police Department, nor will it refer in any way to Decanini's filillg of complaints or charges of

sex discrimination or retaliation or this lawsuit when communicating with prospective employers

seeking a reference for Decanini. If a reference is requested'by a prospective employer, the City

3

City, nor will it refer in any way to Estlinbo's filing of complaints or charges of sex discrimination or retaliation or this lawsuit when communicating ,vith prospective employers seeking a reference for Estlinbo. Ifa reference is requested by a prospective employer, the CitY will only confmn the length of Estimbo's employment, her past salary history, and the fact that she received satisfactory ratings.
iv. The City will notify in writing the approp1iate state administrative entity ofthis Order and request approval to expunge from Estllnbo's persoIll1el files, as well as from any other files milintained by the City, all documents related to Estinlbo's complaints or charges of sex discrimination and retaliation, including but not limited to all memoranda, performance evaluations, discipline and discharge information, that contain negative references about Estimbo's work performance.
C. Alfrieda Reyes 1. Prior to the filing of this Decree, the City has. offered, and Reyes
has accepted, reinstatement into her previous position of "City Secretary" for the City, at the salmy and level of seniority that she would be entitled to had she remained in that position without interruption. The City also has offered to provide remedial pension and/or Social SecUlity benefits, as appropriate, to Reyes for the period of tllne between her discharge and her reinstatement. The amount the City pays for these benefits will not be deducted from the monetary award to be offered to Reyes pursuant to paragraph C(ii) below.
11. The City will offer Reyes a total monetary award (inclusive of attorney's fees) of$59,558.00, ofwhich $39,558.00 will be attributed to backpay, and $20,000.00 will be attributed to compensatory damages. The compensatory damages will be paid
5

in one lump sum, while the backpay amount will be paid in instal1ments by the City to Reyes

within a one-year time period.

111. The City will not provide negative employment references for

Reyes to any future prospective employer that inquires about her past employment with the City,

nor will it refer in any way to Reyes's filing of complaints or charges of sex discrimination or

retaliation or this lawsuit when communicating with prospective employers seeking a reference

for Reyes. If a reference is requested by a prospective employer, the City will only confirm the

length of Reyes's employment, her past salary history, and the fact that she received satisfactory

ratings.

iv. The City will notify in writing the appropriate state administrative

entity ofthis Order and request approval to expunge from Reyes's persormel files, as well as

from any other files maintained by the City, all documents related to Reyes's complaints or

I;~

charges of sex discrimination and retaliation, including but not limited to all memoranda,

·or

performance evaluations, discipline and discharge information, that contain negative references

about Reyes's work perfonnance.

10. Within fifteen (15) days after the date of entry and approval ofthls Decree, the

City will notify Decanini, Estimbo and Reyes of its terms by mailing to each of them, in care of

her attorney, via certified mail, return receipt requested, a copy of their respective letters as set

forth in the attached fonns - Appendix A for Decanini, Appendix B for Estimbo and Appendix

C for Reyes. Each letter will advise the recipient that in order to accept the relief offered to her,

she must return the executed Individual Relief and Release of Claims form, at Appendix D, to the

City within thirty (30) days of her receipt of the letter unless good cause, as determ:ined

exclusively by the United States, exists for her failure to do so. A copy of the Individual Relief

6

and Release of Claims fonn and oftrus Decree will be enclosed with each letter. IfDecanini, Estimbo or Reyes declines the relief offered by the City, the City nevertheless will have satisfied
its obligation to the United States pursuant to this Decree, and the United States 'will not seek
additional relief on her behalf. 11. The City will pay the ·:full amount of the compensatory damages to Decanini,
Bstimbo and Reyes, as specified for each individual in paragraph 9, in care of her attorney, within fifteen (15) days of its receipt of the executed Individual Relief and Release of Claims form from that individual. The City will provide the appropriate tax forms to reflect the monetary amounts
paid to each individual. The City will notify the United States as soon as the compensatory
damages payment has been made to Decanini, Estimbo and Reyes. The City will promptly forward to the United States a copy ofthe canceled check or other appropriate documentation
indicating that payment ofthe full amount of compensatory damages made to Decanini, Estimbo I';.
and Reyes has been received. 12. The City will pay the full amount ofbackpay to Decanini, Estimbo and Reyes, as
specified for each individual in paragraph 9, in installments within a one-year time period, with
the first installment occurring within fifteen (15) days ofthe City's receipt of the executed
Individual Relief ~nd Release of Claims form from that individual. The City will provide to the United States a payment schedule indicating the specific time frame and specific backpay amounts to be paid to Decanini, Estimbo and Reyes. The City will notify the United States as soon as the first backpay payment has been made to Decanini, Estimbo and Reyes. The City will promptly forward to the United States a copy of the canceled check or other appropriate documentation indicating that the first backpay payment made to Decanini, Estimbo and Reyes has been received.
7

E. A process that provides a prompt, thorough, and impartial investigation of

complaints of sex discrimination or retaliation; and

F. J.l\n assurance that the employer will take immediate and appropriate

corrective action when it determines that sex discrimination or retaliation has occurred.

16. Within sixty (60) days after the date of entry and approval of this Decree, the City

will submit the policies and procedures described in paragraph 15 to the United States for review,

COlIilllent and approval. The United States' approval will not be um-easonably withheld_

17. Within ten (10) days of the date in which the CitY implements the policies and

procedures set forth in paragraph 15, the City '"-rill distribute copies of such policies and

procedures to all City employees, and post such policies and procedures in all buildings and

facilities used for posting general infonnation to City employees.

18. The City will ensure that each new City employee receives a copy of the policies

. , ....

and.procedures implemented pursuant to paragraph 15 ~t the time of the new employee's hire;

Each new employee will sign an acknowledgment that he or she has read and understood such

policies and procedures, and the signed acknowledgment will be placed in each new employee's

personnel file.

V. TRAINING 19. No later than one hundred and twenty (120) da:ys after the date of entry and
approvat of this Decree, the City Manager, the Police Chief, the Municipal Judge(s) and all supervisory employees will be provided with training by the City on the law of equal employment opportll11ity, including discrimination based on sex and retaliation, lasting at least three (3) hours. The training will include an explanation ofthe City's policies and procedures, as
9

set forth in paragraph 15, regarding initiation and investigation of a complaint of discrimination or retaliation. The CityV\ill select, with the concurrence ofthe United States, a qualified individual or group ofindividuals to conduct the training outlined in this paragraph. The United States' concurrence will not be unreasonably withheld. The United States "vill review and approve any proposed training program prior to its administration.
20. All persons who undergo training will sign an acknowledgment of attendance for the training described in paragraph 19. Within ten (10) days of such training, the City will provide the United States with written confinnation that the persons covered by paragraph 19 above attended this training. The City will keep on file all signed acknowledgments for the duration ofthis Decree.
VI. COMPLIANCE lVIONITORING 21. The City will retain during the term of this Decree all documents, in paper or:.
electronic form. (including electronic· mail), that come into its possession that are: (a) related to complaints Df sex discrimination Dr retaliation (fonnal or infomal) made by employees against the City; and (b) related to the training provided for under this Decree.
22. The United States may review compliance with this Decree at any time. As part ofthat review, the City will provide copies of any documents relevant to the City's compliance with this Decree upon the request ofthe United States, 11lcluding but not limited to the documents desclibed in paragraph 21.
10

VII. NOTIFICATION OF THE PARTIES
23. i~11 documents required to be delivered under this Decree to the United States will
be sent to the following address if sent by U.S. mail:
Chief Employment Litigation Section Civil Rights Division United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530
Documents sent by overnight delivery service should be sent to the following address:
Chief Employment Litigation Section Civil Rights Division United States Department ofJustice 601 D Street, NW Washington, DC 20004
24. All documents required to be delivered under this Decree to the City will be sent
to the attention of:
Mayor and/or City Manager City ofElsa, Texas P.O. Box 427 216 E. VFW Street Elsa, TX 78543-0427
VIII. JURISDICTION OF THE COURT
25. The Court will maintain jurisdiction ofthe matters covered by this Decree for a
period of one (1) year from the date of entry and approval ofthis Decree. Tbis Decree will expire
without further order of this Court one year from the date of entry and approval.
26. Ifa dispute arises concerning compliance with this Decree, the parties will engage
in good faith efforts to resolve the issue before seeking action by the Court. Ifthe parties are
11

unable expeditiously to resolve the issue, any party may move the Court for resolution, provided that 'written notice is first provided to the other party. So ORDERED this] 5th day of December, 2005, at McAllen, Texas.
Randv Crane
l1bit~d States District Jud,ge·
(

12

__ _ - _ . __ _._--_ __ _ ... ...._..

.. . _ ..• -. ._--_ ..

.. _ - - - -

AGREED AND CONSENTED TO:
On behalf of Plaintiff United States of America
BRADLEY J. SCHLOZMAN Acting Assistant Attorney General
J!}!il ~~~vision DAVID 1. PALMER WILLIAM B. FENTON LOUIS LOPEZ HECTOR F. RurZ; JR. United States Department of Justice Civil Rights Division Employment Litigation Section 950 Pennsylvania Avenue, NW Washington, DC 20530
On behalf ofDefendant 'Ii e City of Elsa, T
Mayor, The City of Elsa, Texas

< Dated: _ _10_<L-1_1l..2.1_1.._o_o__.5_ _ __ Dated: / 0 / ( / " f)',r-

City Attorney, The City 0 Isa, Texas
cj ~ i~
RlCARDO&(NAV ARRO FRANCISCO MARTINEZ Denton, Navarro, Rocha & Bernal, PC 701 E. Harrison Street, Suite 100 Harlingen, TX 78550 Retained Defense Counsel for
The City of Elsa, Texas

'b/"h I r Dated: --'f~+l-------
Dated: ! () / ( I ~S-
13

 
 U.S. District Court SOUTHERN DISTRICT OF TEXAS (McAllen) CIVIL DOCKET FOR CASE #: 7:05-cv-00038

CLOSED

United States of America v. City of Elsa, Texas Assigned to: Judge Randy Crane Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 02/01/2005 Date Terminated: 12/15/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff United States of America

represented by Hector F Ruiz Jr USDOJ 950 Pennsylvania Ave, NW PHB 4034 Washington, DC 20530 202-514-9694 Fax: 202-514-1105 Email: hector.ruiz@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Louis Lopez United States Department of Justice Civil Rights Division Employment Litigation Section PHB Room 4920 950 Pennsylvania Ave, NW Washington, DC 20530 202-353-1845 Fax: 202-514-1105 Email: louis.lopez@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant

City of Elsa, Texas
Intervenor Patricia Decanini
Intervenor Maricela Estimbo Intervenor Alfrieda Reyes

represented by Ricardo J. Navarro Denton, Navarro, Rocha & Bernal, P.C. Rio Grande Valley Office 701 E Harrison, Ste. 100 Harlingen, TX 78550 956-421-4904 Fax: 956-421-3621 Email: rjnavarro@rampagergv.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Francisco J Martinez Denton Navarro et al 701 E Harrison Ste 100 Harlingen, TX 78550 956-421-4904 Fax: 956-421-3621 Email: fmartinez@rampagergv.com ATTORNEY TO BE NOTICED
represented by Stephen P Dietz Attorney at Law 5417 N McColl Rd McAllen, TX 78504 210-686-5448 Fax: 210-686-8893 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Stephen P Dietz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Stephen P Dietz (See above for address)

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 02/01/2005
02/01/2005
02/02/2005
02/02/2005
02/17/2005 03/23/2005 03/24/2005 03/25/2005 04/01/2005 04/06/2005

#

Docket Text

1 COMPLAINT against City of Elsa, Texas (Filing fee $ 150) filed by United States of America.(Lopez, Louis) Modified on 2/1/2005 (ckrus, ). (Entered: 02/01/2005)

2 MOTION for Louis Lopez to Appear Pro Hac Vice by United States Of America, filed. Motion Docket Date 2/22/2005. (Lopez, Louis) (Entered: 02/01/2005)

3 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons Initial Conference set for 4/6/2005 at 09:30 AM before Judge Randy Crane.() Parties notified.(bgarces, ) (Entered: 02/02/2005)

4 ORDER granting 2 MOTION for Louis Lopez to Appear Pro Hac Vice.( Signed by Judge Randy Crane ) Parties notified.(bgarces, ) (Entered: 02/09/2005)

5 CERTIFICATE OF INTERESTED PARTIES by United States Of America, filed.(Lopez, Louis) (Entered: 02/17/2005)

6 ANSWER to Complaint by City of Elsa, Texas, filed.(bgarces, ) (Entered: 03/24/2005)

8 CERTIFICATE OF INTERESTED PARTIES by City of Elsa, Texas, filed.(bgarces, ) (Entered: 03/28/2005)

7 JOINT DISCOVERY/CASE MANAGEMENT PLAN by all parties, filed.(Lopez, Louis) (Entered: 03/25/2005)

9 CERTIFICATE OF INTERESTED PARTIES by United States Of America, filed.(Lopez, Louis) (Entered: 04/01/2005)

10 SCHEDULING ORDER: Amended Pleadings due by 8/2/2005 Joinder of Parties due by 8/2/2005 Pltf Expert Witness List due by 10/7/2005 Deft Expert Witness List due by 10/28/2005 Discovery due by 11/11/2005 Dispositive Motion Filing due by 11/18/2005 Non-Dispositive Motion Filing due by 11/18/2005 Joint Pretrial Order due by 12/27/2005 Pretrial Conference set for 1/3/2006 at 09:30 AM before Judge Randy Crane Jury Selection set for 1/4/2006 at 09:30AM before Judge Randy Crane.( Signed by Judge Randy Crane ) Parties notified.(fgarcia, ) (Entered: 04/07/2005)

04/06/2005 04/06/2005 04/06/2005
08/03/2005 08/05/2005 08/18/2005 09/06/2005 09/22/2005 09/22/2005 10/12/2005

MOTION for Stephen Dietz to Appear Pro Hac Vice by Patricia Decanini, Maricela Estimbo, Alfrieda Reyes, filed. Motion Docket Date 4/26/2005. (bgarces, ) (Entered: 04/11/2005)
11 ORDER granting Motion to Appear Pro Hac Vice .( Signed by Judge Randy Crane ) Parties notified.(bgarces, ) (Entered: 04/11/2005)
Minute Entry for proceedings held before Judge Randy Crane. INITIAL PRETRIAL AND SCHEDULING CONFERENCE held on 4/6/2005. Motion for Leave to Appear Pro Hac Vice by Attorney Stephen Dietez - Granted in this case as participating counsel not as not as substituting counsel for Defendants Decanini, Estimbo and Reyes. The Court issues a scheduling order, for trial in January, a copy tendered to counsel. The Court addresses counsel. The Court directs counsel to file dispositive motions, sooner rather than later, if necessary. Appearances:Louis Lopez; Francisco J. Martinez/Stephen P. Dietz.(ERO:Richard Cortez [10:09-10:20]), filed.(lcervantes) (Entered: 04/11/2005)
12 Plea of Intervention against City of Elsa, Texas filed by Patricia Decanini, Maricela Estimbo, Alfrieda Reyes.(bgarces, ) (Entered: 08/03/2005)
13 ORDER striking 12 Intervenor Complaint.( Signed by Judge Randy Crane ) Parties notified.(fgarcia, ) (Entered: 08/05/2005)
14 NOTICE of Change of Address by Denton, Navarro, Rocha & Bernal, counsel for City of Elsa, Texas, filed. (Navarro, Ricardo) (Entered: 08/18/2005)
15 MOTION for Leave to File Plea of Intervention by Patricia Decanini, Maricela Estimbo, Alfrieda Reyes, filed. Motion Docket Date 9/26/2005. (Attachments: # 1 Proposed Order)(fgarcia, ) (Entered: 09/09/2005)
16 Agreed MOTION for Extension of Time Discovery by City of Elsa, Texas, filed. Motion Docket Date 10/12/2005. (Martinez, Francisco) (Entered: 09/22/2005)
17 First RESPONSE to 15 MOTION for Leave to File Plea of Intervention, 12 Intervenor Complaint, filed by City of Elsa, Texas. (Martinez, Francisco) (Entered: 09/22/2005)
18 DOCKETED IN ERROR AS VERIFIED BY MOVANT. MOVANT WILL REFILE DOCUMENT CORRECTLY. Joint Unopposed Motion for Entry and Approval of Consent Decree by City of Elsa, Texas, United States Of America, filed.(Lopez,

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12/21/2005

Louis) Modified on 10/12/2005 (thanniable, ). (Entered: 10/12/2005)
19 Joint Unopposed Motion for Entry and Approval of Consent Decree by City of Elsa, Texas, United States Of America, filed. (Attachments: # 1 Consent Decree# 2 Proposed Order)(Lopez, Louis) (Entered: 10/12/2005)
20 CERTIFICATE OF SERVICE of 19 Document by United States Of America, filed.(Lopez, Louis) (Entered: 10/12/2005)
21 MOTION for Hector F. Ruiz, Jr. to Appear Pro Hac Vice by United States Of America, filed. Motion Docket Date 12/28/2005. (Ruiz Jr, Hector) (Entered: 12/08/2005)
22 MOTION for Leave to Withdraw Plea of Intervention by Patricia Decanini, Maricela Estimbo, Alfrieda Reyes, filed. Motion Docket Date 1/3/2006. (Attachments: # 1 Proposed Order)(fgarcia, ) (Entered: 12/14/2005)
23 AGREED ORDER GRANTING LEAVE TO WITHDRAW PLEA OF INTERVENTION granting 22 Motion for Leave to File .( Signed by Judge Randy Crane ) Parties notified.(fgarcia, ) (Entered: 12/15/2005)
24 ORDER granting 19 Joint Unopposed Motion for Entry and Approval of Consent Decree.( Signed by Judge Randy Crane ) Parties notified.(fgarcia, ) (Entered: 12/21/2005)
25 Consent Decree by all parties, filed.(fgarcia, ) (Entered: 12/21/2005)
27 Consent Decree.( Signed by Judge Randy Crane ) Parties notified.(fgarcia, ) (Entered: 12/28/2005)
Minute Entry for proceedings held before Judge Randy Crane. MOTION HEARING held on 12/16/2005. Without any objection, the Court will grant 22 Motion for Leave to Withdraw Plea of Intervention and thereafter, the Court will issue order granting 19 Joint Unopposed Motion for Entry and Approval of Consent Decree. Appearances: Hector F. Ruiz Jr.; Francisco J. Martinez; Stephen P. Dietz. (ERO:Richard Cortez [9:57-10:00]), filed.(lcervantes) (Entered: 04/11/2006)
26 ORDER granting 21 Motion to Appear Pro Hac Vice.( Signed by Judge Randy Crane ) Parties notified.(fgarcia, ) (Entered: 12/21/2005)