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Case Name Hilgert v. May EE-TX-0450
Docket / Court 7:07-CV-00094 ( S.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
On May 1, 2007, an employee of the George S. May International Company, filed a lawsuit under 42 U.S.C. § 2000e, the Age Discrimination in Employment Act, and the Fair Labor Standards Act against his employer in the United States District Court for the Southern District of Texas. The plaintiff, ... read more >
On May 1, 2007, an employee of the George S. May International Company, filed a lawsuit under 42 U.S.C. § 2000e, the Age Discrimination in Employment Act, and the Fair Labor Standards Act against his employer in the United States District Court for the Southern District of Texas. The plaintiff, who proceeded pro se, asked the court for damages, claiming that he, and others similarly situated, were denied commissions, endured a hostile work environment, suffered breach of contract, suffered retaliatory action, and experienced discrimination based on his age. The case was assigned to Judge Ricardo Hinojosa of the U.S. District Court for the Southern District of Texas.

The Court ordered mediation on December 19, 2008. The parties, however, were unable to resolve the case via mediation.

On October 7, 2009, the District consolidated this case (07-094) with another case (09-154) filed by the plaintiff in 2009. On October 9, 2009, the Court orally granted Defendant's motion for summary judgment as to the Title VII retaliation claim. The Court also granted Defendant's motion for summary judgment as to Plaintiff's hostile work environment claim. The Court allowed discovery on the plaintiff's age discrimination to be completed by November 23, 2009.

Discovery and other pre-trial procedures were continued throughout 2009, 2010, and 2011. On March 12, 2012, plaintiff filed a motion for summary judgment. On September 28, 2012, Judge Hinojosa granted that motion. (Defendants had not acted in case for over one year, including not replying to the motion for summary judgment).

Plaintiff was awarded $5,873 in damages for contract claims, and $25,000 in damages for age discrimination claims.

Haley Waller - 10/02/2010
Ian Sander - 10/24/2016


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Issues and Causes of Action
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Issues
Discrimination-area
Pay / Benefits
Discrimination-basis
Age discrimination
National origin discrimination
Race discrimination
Plaintiff Type
Private Plaintiff
Race
Race, unspecified
Causes of Action Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.
Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219
Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) George S. May International Company
Plaintiff Description Employee of George S. May International Company
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief Damages
Source of Relief Litigation
Form of Settlement Confession of Judgment
Order Duration not on record
Case Closing Year 2012
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
7:09−cv−00154 (S.D. Tex.) 10/31/2012
EE-TX-0450-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
COMPLAINT 05/01/2007
EE-TX-0450-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
DEFENDANT'S ANSWER 07/23/2007
EE-TX-0450-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
DEFENDANT’S RULE 12(b)(6) MOTION TO DISMISS PLAINTIFF’S TITLE VII, ADEA, FLSA, CONSTITUTIONAL, GOOD FAITH AND FAIR DEALING, AND NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS CLAIMS 07/23/2007
EE-TX-0450-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
DEFENDANT’S SECOND SUPPLEMENTAL REPLY TO PLAINTIFF’S SECOND SUPPLEMENTAL RESPONSE TO DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DEFENDANT’S RESPONSE TO PLAINTIFF’S MOTION FOR RECONSIDERATION 06/27/2008
EE-TX-0450-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
DEFENDANT’S RULE 12(b)(6) MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT 09/02/2009
EE-TX-0450-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
PLAINTIFF'S CROSS MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND DEFENDANTS' RULE 12(B)(6) MOTION 09/22/2009
EE-TX-0450-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
DEFENDANT’S RESPONSE TO PLAINTIFF’S CROSS MOTION FOR SUMMARY JUDGMENT AND REPLY TO PLAINTIFF’S RESPONSE TO DEFENDANT’S OPENING MOTION 10/05/2009
EE-TX-0450-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
ORDER (consolidating cases) 10/07/2009 (S.D. Tex.)
EE-TX-0450-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
DEFENDANT’S RESPONSE TO PLAINTIFF’S MOTION FOR RECONSIDERATION 10/22/2009
EE-TX-0450-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S REQUEST FOR RECONSIDERATION 11/02/2009
EE-TX-0450-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
ORDER STRIKING DOCUMENT (striking default judgment) 04/20/2010 (S.D. Tex.)
EE-TX-0450-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
JOINT PRETRIAL ORDER 08/31/2010
EE-TX-0450-0012.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judgment 09/28/2012 (2009 WL 5015124) (S.D. Tex.)
EE-TX-0450-0013.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Crane, Randy (S.D. Tex.)
EE-TX-0450-9001
Hinojosa, Ricardo H. (S.D. Tex.)
EE-TX-0450-0008 | EE-TX-0450-0010 | EE-TX-0450-0013
Ormsby, Peter E. (S.D. Tex.) [Magistrate]
EE-TX-0450-0012
Ramos, Dorina (S.D. Tex.) [Magistrate]
EE-TX-0450-9001
Monitors/Masters None on record
Plaintiff's Lawyers Hilgert, Clive B. (Texas)
EE-TX-0450-9001
Defendant's Lawyers Clifford, Dennis A. (Texas)
EE-TX-0450-0001 | EE-TX-0450-0003 | EE-TX-0450-0004 | EE-TX-0450-0005 | EE-TX-0450-0006 | EE-TX-0450-0007
Collins, John L. (Texas)
EE-TX-0450-0001 | EE-TX-0450-0003 | EE-TX-0450-0004 | EE-TX-0450-0005 | EE-TX-0450-0006 | EE-TX-0450-0007 | EE-TX-0450-0012
Lipinski, Ronald L. (Illinois)
EE-TX-0450-0001 | EE-TX-0450-0003 | EE-TX-0450-0004 | EE-TX-0450-0005 | EE-TX-0450-0006 | EE-TX-0450-0007
Other Lawyers None on record

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