Case: EEOC v. COMMERCIAL COATING SERVICE, INC.

4:03-cv-03984 | U.S. District Court for the Southern District of Texas

Filed Date: Sept. 30, 2003

Closed Date: March 20, 2010

Clearinghouse coding complete

Case Summary

In September 2003, the EEOC district office in Houston, Texas brought this suit against Commercial Coating Service, Inc., a pipe coating contractor in the oil business, in the U.S. District Court for the Southern District of Texas. The EEOC alleged race and color discrimination in violation of Title VII of the Civil Rights Act of 1964. Specifically, a former employee of the defendant alleged that four co-workers constantly used racial slurs to refer to him, instead of his name. When he compl…

In September 2003, the EEOC district office in Houston, Texas brought this suit against Commercial Coating Service, Inc., a pipe coating contractor in the oil business, in the U.S. District Court for the Southern District of Texas. The EEOC alleged race and color discrimination in violation of Title VII of the Civil Rights Act of 1964. Specifically, a former employee of the defendant alleged that four co-workers constantly used racial slurs to refer to him, instead of his name. When he complained about the treatment nothing was done. After enduring this for months, a White male co-worker slipped a noose around his neck and a brawl began. The co-worker was fired, sent to prison, and a formal report was written.

The charging party intervened as a plaintiff. During the litigation, the complainant was awarded damages for non-pecuniary losses prior the the EEOC resolution of the case. The defendant moved for summary judgment, and the motion was granted as to the intervenor-plaintiff's tort claims. After a barrage of discovery motions, the parties settled and a consent decree was entered in March 2006. The employee was awarded $1,000,000 in damages, and the defendant agreed to make a formal apology and to plant a tree on the company's premises in honor of his employment.

The consent decree also stipulated that the defendant would refrain from retaliating or discriminating on the basis of color or race, issue a neutral cover letter, expunge employment records, discipline two supervisors, never provide employment to four named individuals, appoint an EEO consultant, adopt a racial harassment policy, provide EEO training, post EEO notices, implement a complaint system, make a good faith effort to recruit Black people, and submit semiannual compliance reports. No fees or costs were awarded. The terms of the decree ran for four years. The docket sheet does not show any further enforcement; the case was presumably closed in 2010.

Summary Authors

Jason Chester (6/26/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5027095/parties/equal-employment-v-commercial-coating/


Judge(s)

Botley, Calvin (Texas)

Ellison, Keith P. (Texas)

Judge(s)

Botley, Calvin (Texas)

Ellison, Keith P. (Texas)

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Documents in the Clearinghouse

Document

4:03-cv-03984

Docket [PACER]

EEOC v. Commercial Coating, et al

April 4, 2006

April 4, 2006

Docket
15

4:03-cv-03984

Memorandum and Order

EEOC v. Commercial Coating Service, Inc.

Feb. 11, 2004

Feb. 11, 2004

Order/Opinion

220 F.R.D. 220

33

4:03-cv-03984

Memorandum and Order [Denying Motion to Strike and Dismiss and Granting Motion to Dismiss]

EEOC, et al., v. Commercial Coating Service, Inc., et al.

June 17, 2004

June 17, 2004

Order/Opinion
69

4:03-cv-03984

Memorandum and Order [Granting in Part Motion for Summary Judgment]

EEOC and Charles Hickman v. Commercial Coating Services, Inc., and John Wrublewski

May 31, 2005

May 31, 2005

Order/Opinion

2005 WL 2005

171

4:03-cv-03984

Consent Decree

EEOC and Charles Hickman v. Commercial Coating Services, Inc.

March 20, 2006

March 20, 2006

Settlement Agreement

EEOC Litigation Settlement Report

EEOC v. Commercial Coating Services, Inc.

No Court

March 21, 2006

March 21, 2006

Other

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5027095/equal-employment-v-commercial-coating/

Last updated Feb. 7, 2024, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT by Equal Employment filed; FILING FEE $ None RECEIPT # None (chorace) (Entered: 10/03/2003)

Sept. 30, 2003

Sept. 30, 2003

2

Order setting Initial Pretrial and Scheduling Conference on 1:00 2/13/04 before Judge Nancy F. Atlas and Order to Disclose Interested Persons, filed. Parties notified. (chorace) (Entered: 10/03/2003)

Sept. 30, 2003

Sept. 30, 2003

1 SUMMONS issued for Commercial Coating (chorace) (Entered: 10/03/2003)

Sept. 30, 2003

Sept. 30, 2003

3

RETURN OF SERVICE executed as to Commercial Coating 10/10/03 filed. Answer due on 10/30/03 for Commercial Coating (kprice) (Entered: 10/29/2003)

Oct. 27, 2003

Oct. 27, 2003

4

CERTIFICATE OF INTERESTED PARTY by Commercial Coating , filed. (sjones) (Entered: 11/03/2003)

Oct. 30, 2003

Oct. 30, 2003

5

ORIGINAL ANSWER to Complaint by Commercial Coating , filed. (sjones) (Entered: 11/03/2003)

Oct. 30, 2003

Oct. 30, 2003

6

CERTIFICATE OF INTERESTED PARTIES by Equal Employment , filed. (kprice) (Entered: 11/05/2003)

Nov. 4, 2003

Nov. 4, 2003

7

MOTION for leave of court to intervene as of right , and for leave to bring third party complaint , by Charles Hickman, Motion Docket Date 12/14/03 [7-1] motion, 12/14/03 [7-2] motion , filed. (psmith) (Entered: 11/26/2003)

Nov. 24, 2003

Nov. 24, 2003

8

Intervenor's COMPLAINT by Charles Hickman against defendant Commercial Coating , filed (psmith) (Entered: 11/26/2003)

Nov. 24, 2003

Nov. 24, 2003

8

THIRD-PARTY COMPLAINT by Charles Hickman against John Wrublewski, filed (psmith) (Entered: 11/26/2003)

Nov. 24, 2003

Nov. 24, 2003

9

RESPONSE by Commercial Coating in opposition to proposed intervenor's [7-1] motion for leave of court to intervene as of right, and [7-2] motion for leave to bring third party complaint , filed (kprice) (Entered: 12/22/2003)

Dec. 12, 2003

Dec. 12, 2003

10

FIRST SUPPLEMENTAL MOTION for leave of court to intervene by Charles Hickman, Motion Docket Date 1/20/04 [10-1] motion , filed (part 1 of 2). (kprice) (Entered: 01/02/2004)

Dec. 31, 2003

Dec. 31, 2003

10

REPLY by Charles Hickman in opposition to [7-1] motion for leave of court to intervene as of right, and [7-2] motion for leave to bring third party complaint , filed (part 2 of 2) (kprice) (Entered: 01/02/2004)

Dec. 31, 2003

Dec. 31, 2003

11

Intervenor's COMPLAINT by Charles Hickman, SMH, CH, DH, CH, HH against defendant Commercial Coating, third-party defendant John Wrublewski , filed (kprice) Modified on 01/05/2004 (Entered: 01/02/2004)

Dec. 31, 2003

Dec. 31, 2003

12

JOINT DISCOVERY/Case Management Plan by Equal Employment, Commercial Coating, Charles Hickman , filed. (rkonieczny) (Entered: 02/05/2004)

Feb. 3, 2004

Feb. 3, 2004

14

RESPONSE by Commercial Coating to Charles Hickman's [10-1] motion for leave of court to intervene , filed. (rkonieczny) (Entered: 02/10/2004)

Feb. 6, 2004

Feb. 6, 2004

15

MEMORANDUM AND ORDER granting [10-1] motion for leave of court to intervene granting [7-1] motion for leave of court to intervene as of right granting [7-2] motion for leave to bring third party complaint , entered. Hickman shall immediately file his complaint in intervention. Parties notified. signed by Judge Nancy F. Atlas ) (khightower) Modified on 2/22/2010 (svaught).

Feb. 11, 2004

Feb. 11, 2004

RECAP
16

INITIAL DISCLOSURE by Commercial Coating , filed. (rkonieczny) (Entered: 02/13/2004)

Feb. 12, 2004

Feb. 12, 2004

17

CERTIFICATE OF SERVICE by Commercial Coating re: [16-1] initial disclosures , (rkonieczny) (Entered: 02/13/2004)

Feb. 12, 2004

Feb. 12, 2004

18

INITIAL DISCLOSURE by Equal Employment , filed. (khightower) (Entered: 02/16/2004)

Feb. 13, 2004

Feb. 13, 2004

19

Hearing Minute Entry Order; Pretrial conference held. Docket Control Order to follow. Ct Reporter: ERO; Apps: R. Sustatia/C. Peckham f/pltf and intv, G. Gordon f/deft, entered. Parties ntfd. ( Signed by Judge Nancy F. Atlas ) (khightower) (Entered: 02/17/2004)

Feb. 13, 2004

Feb. 13, 2004

20

DOCKET CONTROL ORDER setting Mediation deadline 4/23/05 Amending of pleadings 6/30/04 ; Joining of parties 4/30/04 ; Pltf expert witness list submitted by 8/30/04 ; Deft expert witness list submitted by 10/15/04 ; Discovery cutoff 1/16/05 ; Deadline for filing all dispositive motions 2/18/05 ; Deadline for filing non-dispositive motions 2/18/05 ; Pretrial order to be submitted on or before 5/20/05 ; Docket call deadline 4:00 5/27/05 ; before Judge Nancy F. Atlas , entered. Parties notified. ETT: 4+ days; jury ( Signed by Judge Nancy F. Atlas ) (khightower) (Entered: 02/17/2004)

Feb. 13, 2004

Feb. 13, 2004

21

Intervenor's COMPLAINT by Charles Hickman against Commercial Coating Service, Inc and John Wrublewski, filed (khightower) (Entered: 02/20/2004)

Feb. 18, 2004

Feb. 18, 2004

SUMMONS issued for John Wrublewski (psmith) (Entered: 02/19/2004)

Feb. 19, 2004

Feb. 19, 2004

22

MOTION for indigency , and for appointment of counsel by John Wrublewski, Motion Docket Date 3/24/04 [22-1] motion, 3/24/04 [22-2] motion , filed. (khightower) (Entered: 03/08/2004)

March 4, 2004

March 4, 2004

23

ORDER denying [22-1] motion for indigency denying [22-2] motion for appointment of counsel reset answer due for 4/8/04 for John Wrublewski , entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (khightower) (Entered: 03/10/2004)

March 8, 2004

March 8, 2004

24

MOTION for indigency , and for appointment of counsel by John Wrublewski, Motion Docket Date 3/28/04 [24-1] motion, 3/28/04 [24-2] motion , filed. (tward) (Entered: 03/12/2004)

March 8, 2004

March 8, 2004

25

MOTION to dismiss complaint in intervention of intervenors' minor children by Commercial Coating, Motion Docket Date 3/30/04 [25-1] motion , filed. (khightower) (Entered: 03/15/2004)

March 10, 2004

March 10, 2004

26

ORIGINAL ANSWER to Complaint in Intervention of Intervenor, Charles Hickman, as next friend for SMH, CH(f), DH, CH(m) and HH, minor children by Commercial Coating (Added attorney ), filed. (khightower) (Entered: 03/15/2004)

March 10, 2004

March 10, 2004

27

ORIGINAL ANSWER to Complaint n Intervention of Intervenor, Charles Hickman, Individually by Commercial Coating (Added attorney ), filed. (khightower) (Entered: 03/15/2004)

March 10, 2004

March 10, 2004

28

MOTION to strike immaterial, impertinent or scandalous matter by Commercial Coating, Motion Docket Date 3/30/04 [28-1] motion , filed. (khightower) (Entered: 03/15/2004)

March 10, 2004

March 10, 2004

29

RETURN OF SERVICE executed as to John Wrublewski 3/1/04 filed. (khightower) (Entered: 03/15/2004)

March 10, 2004

March 10, 2004

30

INTERVENORS' RESPONSE by Charles Hickman to [28-1] motion to strike immaterial, impertinent or scandalous matter, filed. (tward) (Entered: 03/19/2004)

March 17, 2004

March 17, 2004

31

RESPONSE/ANSWER by John Wrublewski to Charles Hickman's [21-1] intervenor complaint, filed. (ddarneille) Modified on 04/05/2004 (Entered: 03/30/2004)

March 26, 2004

March 26, 2004

32

VOLUNTARY MOTION to dismiss by Charles Hickman, Motion Docket Date 4/21/04 [32-1] motion , filed. (Part 1 of 3) (khightower) Modified on 04/05/2004 (Entered: 04/04/2004)

April 1, 2004

April 1, 2004

32

Alternatively, RESPONSE by Charles Hickman to [25-1] motion to dismiss complaint in intervention of intervenors' minor children , filed. (part 2 of 3) (khightower) Modified on 04/05/2004 (Entered: 04/04/2004)

April 1, 2004

April 1, 2004

32

Alternatively, MOTION for continuance of by Charles Hickman, Motion Docket Date 4/21/04 [32-1] motion , filed. (part 3 of 3) (ltien) Modified on 04/05/2004 (Entered: 04/05/2004)

April 1, 2004

April 1, 2004

33

MEMORANDUM AND ORDER; denying [32-1] motion to dismiss; denying [28-1] motion to strike immaterial, impertinent or scandalous matter; granting [25-1] motion to dismiss complaint in intervention of intervenors' minor children , entered. It is ORDERED that the claims of the intervenor minor children are DISMISSED WITHOUT PREJUDICE. Parties notified. ( signed by Judge Nancy F. Atlas ) (khightower) Modified on 2/22/2010 (svaught).

June 17, 2004

June 17, 2004

RECAP
34

AMENDED ANSWER to Complaint by Commercial Coating : amends [5-1] answer , filed. (amaly) (Entered: 07/23/2004)

July 20, 2004

July 20, 2004

35

AMENDED ANSWER to Complaint by Commercial Coating : amends [27-1] answer , filed. (amaly) (Entered: 07/23/2004)

July 20, 2004

July 20, 2004

36

INITIAL DISCLOSURE by Charles Hickman , filed. (amaly) (Entered: 07/26/2004)

July 22, 2004

July 22, 2004

37

FIRST AMENDED INITIAL DISCLOSURES by Charles Hickman, filed.(mbergara, ) (Entered: 01/07/2005)

Jan. 6, 2005

Jan. 6, 2005

39

REQUEST for Status Report, filed. (jholland, ) (Entered: 01/27/2005)

Jan. 27, 2005

Jan. 27, 2005

40

JOINT STATUS REPORT by all parties, filed.(kmurphy, ) (Entered: 02/10/2005)

Feb. 8, 2005

Feb. 8, 2005

41

NOTICE of Hearing : Status Conference set for 2/24/2005 at 10:30 AM before Judge Keith P Ellison, filed. IN CHAMBERS(llerma, ) (Entered: 02/11/2005)

Feb. 11, 2005

Feb. 11, 2005

42

MOTION for Summary Judgment by Commercial Coating Service Inc, filed. Motion Docket Date 3/8/2005. (Attachments: Exhibits # 1 Tab A # 2 Tab A cont. # 3 Tab A cont. # 4 Tab A cont. # 5 Tab B # 6 Tab B cont. # 7 Tab C # 8 Tab D # 9 Tab D cont.)(dkelly, ) Additional attachment(s) added on 2/21/2005 (dkelly, ). Modified on 2/21/2005 (dkelly, ). (Entered: 02/21/2005)

Feb. 16, 2005

Feb. 16, 2005

43

PROPOSED ORDER re: 42 MOTION for Summary Judgment, filed.(kmurphy, ) (Entered: 02/23/2005)

Feb. 18, 2005

Feb. 18, 2005

44

NOTICE of Appearance by W. Jackson Wisdom and James M. Cleary Jr. on behalf of Commercial Coating Service Inc, filed. (kmurphy, ) (Entered: 02/25/2005)

Feb. 23, 2005

Feb. 23, 2005

45

Minute Entry: STATUS CONFERENCE held on 2/24/2005. Parties will submit an agreed order regarding mediation. Appearances:C Peckham; G Gordon; R Sustaita.(Court Reporter: J Sanchez)(psmith, ) (Entered: 02/28/2005)

Feb. 25, 2005

Feb. 25, 2005

47

Mail Returned Undeliverable as to John Wrublewski re: 38 Notice of Reassignment , filed. (rkonieczny, ) (Entered: 03/03/2005)

Feb. 28, 2005

Feb. 28, 2005

48

Mail Returned Undeliverable as to John Wrublewski re: 41 Notice of Hearing , filed. (rkonieczny, ) (Entered: 03/03/2005)

Feb. 28, 2005

Feb. 28, 2005

49

Mail Returned Undeliverable as to John Wrublewski re: 39 Request for Status Report , filed. (rkonieczny, ) (Entered: 03/03/2005)

Feb. 28, 2005

Feb. 28, 2005

46

AGREED ORDER , filed.(psmith, ) (Entered: 03/03/2005)

March 1, 2005

March 1, 2005

50

AGREED ORDER, Parties shall mediate on or before April 8, 2005 before Judge Calvin Botley; Response to Motion for Summary Judgment 42 due by April 18, 2005.( Signed by Judge Keith P Ellison ) Parties notified.(dhansen, ) (Entered: 03/11/2005)

March 10, 2005

March 10, 2005

51

NOTICE of Setting Settlement Conference set for 4/7/2005 at 09:00 AM in Courtroom 703 before Magistrate Judge Calvin Botley, filed. (pyebernetsky, ) (Entered: 03/21/2005)

March 21, 2005

March 21, 2005

52

Mail Returned Undeliverable as to John Wrublewski re: 50 Order, filed. (dkelly, ) (Entered: 03/22/2005)

March 21, 2005

March 21, 2005

53

Mail Returned Undeliverable as to John Wrublewski re: 51 Notice of Setting , filed. (dkelly, ) (Entered: 04/07/2005)

April 4, 2005

April 4, 2005

54

Opposed MOTION to Strike 42 MOTION for Summary Judgment by Charles Hickman, filed. Motion Docket Date 5/6/2005. (Attachments: # 1 Exhibit 1 (Affidavit of P. Scarborough)# 2 Exhibit 2 (Depo. Excerpts of P. Scarborough)# 3 Proposed Order Striking Evidence)(Peckham, Charles) (Entered: 04/16/2005)

April 16, 2005

April 16, 2005

55

DOCKETED IN ERROR. DOCUMENT WILL BE TERMINATED AND ATTORNEY WILL REFILE CORRECTLY. RESPONSE in Opposition to 42 MOTION for Summary Judgment filed by Charles Hickman. (Attachments: # 1 Exhibit 1 - Affidavit# 2 Exhibit 2 - Scarborough Deposition# 3 Exhibit 3 - Perry Deposition# 4 Exhibit 4 - Henderson Deposition# 5 Exhibit 5 - Wrublewski Deposition# 6 Exhibit 6 - Hickman Deposition# 7 Proposed Order Denying Motion)(Peckham, Charles) Modified on 4/18/2005 (thanniable, ). (Entered: 04/17/2005)

April 17, 2005

April 17, 2005

56

Unopposed MOTION for Leave to File Excess Pages by Charles Hickman, filed. Motion Docket Date 5/9/2005. (Attachments: # 1 Proposed Order Granting Leave of Court)(Peckham, Charles) (Entered: 04/18/2005)

April 18, 2005

April 18, 2005

57

RESPONSE in Opposition to 42 MOTION for Summary Judgment filed by Charles Hickman. (Attachments: # 1 Exhibit Table# 2 Exhibit 1 - Hickman Affidavit# 3 Exhibit 2 - Scarborough Deposition# 4 Exhibit 3 - Perry Deposition# 5 Exhibit 4 - Henderson Deposition# 6 Exhibit 5 - Wrublewski Deposition# 7 Exhibit 6 - Hickman Deposition# 8 Exhibit 7 - US Supreme Ct. Argument in Va. v. Black# 9 Proposed Order Denying Summary Judgment)(Peckham, Charles) (Entered: 04/18/2005)

April 18, 2005

April 18, 2005

58

RESPONSE in Opposition to 42 Defendant's MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exh 9 - 9B # 2 Exh 9C # 3 Exh 9C cnt. # 4 Exh 9D # 5 Exh 9E - 9F)(dkelly, ) (Entered: 04/19/2005)

April 18, 2005

April 18, 2005

59

ORDER granting 56 Motion for Leave to File Excess Pages ; Hickman is granted up to 37 pages in length.( Signed by Judge Keith P Ellison ) Parties notified.(sfedele, ) (Entered: 04/20/2005)

April 19, 2005

April 19, 2005

60

Opposed MOTION to Strike 55 Response in Opposition to Motion,, 57 Response in Opposition to Motion,, 58 Response in Opposition to Motion by Commercial Coating Service Inc, filed. Motion Docket Date 5/17/2005. (Attachments: # 1 Proposed Order Order Granting Motion to Strike)(Cleary, James) (Entered: 04/27/2005)

April 27, 2005

April 27, 2005

61

Reply to Response to 42 MOTION for Summary Judgment filed by Commercial Coating Service Inc. (Cleary, James) (Entered: 04/29/2005)

April 29, 2005

April 29, 2005

62

RESPONSE to 54 Opposed MOTION to Strike 42 MOTION for Summary Judgment filed by Commercial Coating Service Inc. (Attachments: # 1 Proposed Order Proposed Order)(Cleary, James) (Entered: 04/29/2005)

April 29, 2005

April 29, 2005

63

Mail Returned Undeliverable as to John Wrublewski re: 59 Order on Motion for Leave to File Excess Pages , filed. (rroberts, ) (Entered: 05/03/2005)

April 29, 2005

April 29, 2005

*** John Wrublewski was paroled in April and did not leave a forwarding address. (rroberts, ) (Entered: 05/03/2005)

April 29, 2005

April 29, 2005

64

RESPONSE CCSI's Reply to Plaintiff's Response to 42 CCSI's MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (dkelly, ) (Entered: 05/05/2005)

May 5, 2005

May 5, 2005

66

RESPONSE in Opposition to 60 Opposed MOTION to Strike 55 Response in Opposition to Motion,, 57 Response in Opposition to Motion,, 58 Response in Opposition to Motion filed by Charles Hickman. (Peckham, Charles) (Entered: 05/10/2005)

May 10, 2005

May 10, 2005

67

RESPONSE to Defts Objections and 60 Opposed MOTION to Strike, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(psmith, ) (Entered: 05/11/2005)

May 10, 2005

May 10, 2005

MOTION for Leave to Amend its Response to Include a Supporting Affidavit, by Equal Employment Opportunity Commission, filed. Motion Docket Date 5/31/2005. (psmith, ) (Part 2 of Instrument #67) (Entered: 05/11/2005)

May 10, 2005

May 10, 2005

68

Reply to Response to 60 Opposed MOTION to Strike 55 Response in Opposition to Motion,, 57 Response in Opposition to Motion,, 58 Response in Opposition to Motion, filed by Commercial Coating Service Inc. (Cleary, James) (Entered: 05/16/2005)

May 16, 2005

May 16, 2005

71

ORDER: The Court has set a trial date for November 14, 2005 at 8:30 am. The parties are notified that a telephonic status conference is scheduled for June 13, 2005 at 2:00 pm to discuss matters in preparation for trial. ( Signed by Judge Keith P Ellison ) Parties notified.(psmith, ) (Entered: 05/31/2005)

May 31, 2005

May 31, 2005

69

MEMORANDUM AND ORDER: Granting: # 67 MOTION for Leave to Amend its Response to Include a Supporting Affidavit; Granting-In-Part and Denying-In-Part # 42 MOTION for Summary Judgment; Denying # 60 Opposed MOTION to Strike; Denying: # 54 Opposed MOTION to Strike; .( Signed by Judge Keith P Ellison ) Parties notified.(pfoster, ) Modified on 2/22/2010 (svaught).

May 31, 2005

May 31, 2005

RECAP
70

JUDGMENT: Because of the Court's Memorandum and Order of today's date, JUDGMENT IS ENTERED in favor of Defendant on Intervenor Charles Hickman's Claims for intentional infliction of emotional distress; negligent hiring, supervision, and retention; assault and battery; and false imprisonment .( Signed by Judge Keith P Ellison ) Parties notified.(pfoster, )

May 31, 2005

May 31, 2005

RECAP
72

SUPPLEMENT To EEOC's Response to Defendant's Motion for Summary Judgment by Equal Employment Opportunity Commission, filed.(mewilliams, ) (Entered: 06/06/2005)

June 3, 2005

June 3, 2005

73

Unopposed MOTION for Willie E. Gary to Appear Pro Hac Vice by Charles Hickman, Charles Hickman, filed. Motion Docket Date 6/29/2005. (Peckham, Charles) (Entered: 06/09/2005)

June 9, 2005

June 9, 2005

74

Unopposed MOTION for Michael A. Lewis to Appear Pro Hac Vice by Charles Hickman, Charles Hickman, filed. Motion Docket Date 6/29/2005. (Peckham, Charles) (Entered: 06/09/2005)

June 9, 2005

June 9, 2005

75

Unopposed MOTION for Jason L. Williams to Appear Pro Hac Vice by Charles Hickman, Charles Hickman, filed. Motion Docket Date 6/29/2005. (Peckham, Charles) (Entered: 06/09/2005)

June 9, 2005

June 9, 2005

77

Mail Returned Undeliverable as to John Wrublewski re: 71 Order,, Set/Reset Hearings & Other Court Settings, , filed. (rroberts, ) (Entered: 06/10/2005)

June 10, 2005

June 10, 2005

*** John Wrublewski was paroled on 4/5/2004, filed. (rroberts, ) (Entered: 06/10/2005)

June 10, 2005

June 10, 2005

78

ORDER granting 73 Motion to Appear Pro Hac Vice as to Willie E. gary.( Signed by Judge Keith P Ellison ) Parties notified.(pfoster, ) (Entered: 06/10/2005)

June 10, 2005

June 10, 2005

79

ORDER granting 74 Motion to Appear Pro Hac Vice as to Michael Alden Lewis.( Signed by Judge Keith P Ellison ) Parties notified.(pfoster, ) (Entered: 06/10/2005)

June 10, 2005

June 10, 2005

80

ORDER granting 75 Motion to Appear Pro Hac Vice as to Jason Lloyd Williams .( Signed by Judge Keith P Ellison ) Parties notified.(pfoster, ) (Entered: 06/10/2005)

June 10, 2005

June 10, 2005

81

Minute Entryfor proceedings held before Judge Keith P Ellison. TELEPHONIC SCHEDULING CONFERENCE held on 6/13/2005. Appearances: James M Cleary, Jr, George David Gordon, Charles Henry Peckham, Rodolfo Lucio Sustaita, William J Wisdom.(Court Reporter: Kathy Metzger)(Law Clerk: Paty Young) (Judicial Asst: Lynda Lerma), filed.(llerma, ) (Entered: 06/13/2005)

June 13, 2005

June 13, 2005

82

MOTION for Michael Alden Lewis to Appear Pro Hac Vice by Charles Hickman, filed. Motion Docket Date 7/5/2005. (rroberts, ) (Entered: 06/13/2005)

June 13, 2005

June 13, 2005

83

MOTION for Jason Lloyd Williams to Appear Pro Hac Vice by Charles Hickman, filed. Motion Docket Date 7/5/2005. (rroberts, ) (Entered: 06/13/2005)

June 13, 2005

June 13, 2005

84

MOTION for Willie E. Gary to Appear Pro Hac Vice by Charles Hickman, filed. Motion Docket Date 7/5/2005. (rroberts, ) (Entered: 06/13/2005)

June 13, 2005

June 13, 2005

85

MEMORANDUM in support of motions Pro Hac Vice re: 82 MOTION for Michael Alden Lewis to Appear Pro Hac Vice, 83 MOTION for Jason Lloyd Williams to Appear Pro Hac Vice, 84 MOTION for Willie E. Gary to Appear Pro Hac Vice by Charles Hickman, filed.(rroberts, ) (Entered: 06/13/2005)

June 13, 2005

June 13, 2005

87

Minute Entry for proceedings held before Judge Keith P Ellison. Proceedings held on 6/13/2005. Order to be entered regarding due dates. Appearances: James M Cleary, Jr, George David Gordon, Charles Henry Peckham, Rodolfo Lucio Sustaita, William J Wisdom.(Court Reporter: Kathy Metzger) (Law Clerk: Paty Young) (Judicial Asst: Lynda Lerma), filed.(llerma) (Entered: 06/14/2005)

June 13, 2005

June 13, 2005

86

ORDER Deft Expert Report due by 9/11/2005 Discovery due by 10/17/2005 Joint Pretrial Order due by 11/1/2005 Pltf Expert Report due by 7/13/2005 Pltf Expert Witness List due by 6/18/2005 Jury Trial set for 11/14/2005 at 08:30 AM in Courtroom 8C before Judge Keith P Ellison.( Signed by Judge Keith P Ellison ) Parties notified.(pfoster, ) (Entered: 06/14/2005)

June 14, 2005

June 14, 2005

88

DESIGNATION OF EXPERT WITNESS LIST by Charles Hickman, Charles Hickman, filed.(Peckham, Charles) (Entered: 06/17/2005)

June 17, 2005

June 17, 2005

89

DESIGNATION OF EXPERT WITNESS LIST by Equal Employment Opportunity Commission, filed.(mewilliams, ) (Entered: 06/17/2005)

June 17, 2005

June 17, 2005

90

ORDER: The parties are notified that a hearing is scheduled for July 7, 2005 at 4:15 pm. Parties may participate by telephone and should be prepared to discuss the pending Motion for Protection.( Signed by Judge Keith P Ellison ) Parties notified.(psmith, ) (Entered: 07/01/2005)

July 1, 2005

July 1, 2005

91

Opposed MOTION for Protective Order by Charles Hickman, Charles Hickman, filed. Motion Docket Date 7/25/2005. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Proposed Order)(Peckham, Charles) (Entered: 07/05/2005)

July 5, 2005

July 5, 2005

92

RESPONSE to 91 Opposed MOTION for Protective Order, filed by Commercial Coating Service Inc. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit Exhibit E# 6 Exhibit Exhibit F# 7 Exhibit Exhibit G# 8 Proposed Order Order Denying Motion for Protection)(Cleary, James) (Entered: 07/06/2005)

July 6, 2005

July 6, 2005

93

Reply in Support of 91 Opposed MOTION for Protective Order, filed by Charles Hickman, Charles Hickman. (Attachments: # 1 Exhibit 1)(Peckham, Charles) (Entered: 07/06/2005)

July 6, 2005

July 6, 2005

94

Minute Entry: for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 7/7/2005 denying 91 Opposed MOTION for Protective Order. Intervenor is not precluded from re-urging his arguments as to the admissibility of the MMPI-II.Set for: 4:15 p.m.Start: 4:15 p.m. End: 4:30 p.m. Appearances:Rudy Sustaita f/ EEOC; Charles Peckham f/Intervenor; George Gordon, James Clearly, William Wisdom f/ Dft.(Court Reporter: Cher Barron)(Law Clerk: Patricia Young)(Case Manager: Priscilla M. Foster), filed.(pfoster, ) (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

95

Mail Returned Undeliverable as to John Wrublewski re: 90 Order, filed. (kmurphy, ) (Entered: 07/08/2005)

July 8, 2005

July 8, 2005

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: Sept. 30, 2003

Closing Date: March 20, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

John Wrublewski, Private Entity/Person

Commercial Coating Service, Inc., Private Entity/Person

Case Details

Causes of Action:

State law

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

State Anti-Discrimination Law

Available Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

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: 1000000

Order Duration: 2006 - 2010

Content of Injunction:

Apology

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Other requirements regarding hiring, promotion, retention

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Monitor/Master

Recordkeeping

Auditing

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

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

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit