Case: EEOC v. UNITED SERVICES INVESTMENTS, INC.

5:98-cv-00859 | U.S. District Court for the Western District of Texas

Filed Date: Sept. 22, 1998

Closed Date: 1999

Clearinghouse coding complete

Case Summary

In September 1998, the San Antonio office of the EEOC brought this Title VII and ADEA suit against the United Services Investments, Inc. in the U.S. District Court for the Western District of Texas. The complaint alleged that the defendant discriminated against the claimant and others similarly situated by using a system that coded voices based on their perceived race, national origin, and age. The claimant intervened in the EEOC's suit in November 1998. In February 1999, the court granted t…

In September 1998, the San Antonio office of the EEOC brought this Title VII and ADEA suit against the United Services Investments, Inc. in the U.S. District Court for the Western District of Texas. The complaint alleged that the defendant discriminated against the claimant and others similarly situated by using a system that coded voices based on their perceived race, national origin, and age. The claimant intervened in the EEOC's suit in November 1998. In February 1999, the court granted the defendant's motions to stay the proceedings, and compel the intervening plaintiff to arbitrate her claims; however, the EEOC and the defendant settled the case by entry of a consent decree in July 1999.

The three year consent decree required the defendant to refrain from discrimination and retaliation, post and distribute notice, provide four hours of Title VII and ADEA training for its supervisors/managers, pay the claimants $75,959.26, and send $50,000 to three agencies dedicated to the welfare of African-Americans, Hispanics, and people over 40.

Summary Authors

Kevin Wilemon (8/16/2007)

Documents in the Clearinghouse

Document

5:98-cv-00859

Docket

EEOC v. United Services Investments

Nov. 21, 2000

Nov. 21, 2000

Docket
22

5:98-cv-00859

Order

EEOC v. United Services Investments

Feb. 19, 1999

Feb. 19, 1999

Order/Opinion
27

5:98-cv-00859

Order

EEOC v. United Services Investments

March 25, 1999

March 25, 1999

Order/Opinion
34

5:98-cv-00859

Final Judgment Order Entering Consent Decree

EEOC v. United Services Investments

July 6, 1999

July 6, 1999

Order/Opinion
33

5:98-cv-00859

Consent Decree

EEOC v. United Services Investments

July 6, 1999

July 6, 1999

Settlement Agreement
36

5:98-cv-00859

Order Granting Agreed Motion to Modify Consent Decree

EEOC v. United Services Investments

Nov. 21, 2000

Nov. 21, 2000

Order/Opinion

Resources

Docket

Last updated March 20, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link

Case assigned to Honorable H. F. Garcia (wg) (Entered: 09/22/1998)

Sept. 22, 1998

Sept. 22, 1998

1

Complaint filed. (Pages: 8) (wg) (Entered: 09/22/1998)

Sept. 22, 1998

Sept. 22, 1998

1

Demand for jury trial by EEOC (wg) (Entered: 09/22/1998)

Sept. 22, 1998

Sept. 22, 1998

2

Motion by Brandy S. McGraw Saldana to intervene as party plaintiff (fe) (Entered: 10/14/1998)

Oct. 14, 1998

Oct. 14, 1998

Received "Complaint of Plaintiff in Intervention". (fe) (Entered: 10/14/1998)

Oct. 14, 1998

Oct. 14, 1998

3

Waiver of Service by United Services Inv.; Notice and Request Mailed on 9/30/98; Answer due on 11/30/98 for United Services Inv. (fe) (Entered: 10/28/1998)

Oct. 28, 1998

Oct. 28, 1998

4

Notice of attorney appearance for EEOC by R. Chris Pittard as co-counsel (fe) (Entered: 10/30/1998)

Oct. 29, 1998

Oct. 29, 1998

5

ORDER granting Brandy S. McGraw Saldana's motion to intervene as party plaintiff [2-1] (fe) (Entered: 11/04/1998)

Nov. 3, 1998

Nov. 3, 1998

Clearinghouse
6

Intervenor's complaint by Brandy S. McGraw Saldana against United Services Inv. (Pages: 9) (fe) (Entered: 11/04/1998)

Nov. 3, 1998

Nov. 3, 1998

7

Motion by United Services Inv. to stay proceedings (tr) (Entered: 11/27/1998)

Nov. 25, 1998

Nov. 25, 1998

8

Answer by United Services Inv.; jury demand subject to its motion to stay proceedings (tr) (Entered: 11/27/1998)

Nov. 25, 1998

Nov. 25, 1998

9

Response by EEOC to defendant's motion to stay proceedings [7-1] (fe) (Entered: 12/08/1998)

Dec. 7, 1998

Dec. 7, 1998

10

Reply by United Services Inv. to plaintiff's response to defendant's motion to stay proceedings [7-1] (fe) (Entered: 12/15/1998)

Dec. 14, 1998

Dec. 14, 1998

10

Motion by United Services Inv. to compel arbitration (fe) (Entered: 12/15/1998)

Dec. 14, 1998

Dec. 14, 1998

11

Response by EEOC in opposition to motion to compel arbitration [10-1] (kc) (Entered: 12/29/1998)

Dec. 28, 1998

Dec. 28, 1998

12

Defendant's Supplmental reply to the supplemental Letter Brief by Plaintiff EEOC dated 12/23/98. (fe) (Entered: 01/05/1999)

Jan. 4, 1999

Jan. 4, 1999

13

Motion by Brandy S. McGraw Saldana for leave to file response to defendant's motion to stay (fe) (Entered: 01/19/1999)

Jan. 15, 1999

Jan. 15, 1999

Received "Plaintiff in Intervention's response to defendant's motions to stay proceedings". (fe) (Entered: 01/19/1999)

Jan. 15, 1999

Jan. 15, 1999

14

Order granting Brandy S. McGraw's motion for leave to file response to defendant's motion to stay [13-1] (fe) (Entered: 01/20/1999)

Jan. 19, 1999

Jan. 19, 1999

Clearinghouse
15

Response by Brandy S. McGraw Saldana to defendant's motion to stay proceedings [7-1] (fe) (Entered: 01/20/1999)

Jan. 19, 1999

Jan. 19, 1999

16

Reply by United Services Investments, Inc. to Intervenor's response to defendant's motion to stay proceedings [7-1] (fe) (Entered: 01/28/1999)

Jan. 27, 1999

Jan. 27, 1999

17

Plaintiff's Rule CV-16(e) Lists of Witnesses and Exhibits by EEOC (fe) (Entered: 01/28/1999)

Jan. 28, 1999

Jan. 28, 1999

Received "Defendant's answer to complaint in intervention subject to defendant's motion to stay proceedings". (fe) (Entered: 01/29/1999)

Jan. 28, 1999

Jan. 28, 1999

18

Motion by United Services Inv. for leave to file answer to complaint of plaintiff in intervention (fe) (Entered: 01/29/1999)

Jan. 29, 1999

Jan. 29, 1999

19

Advisory to the court filed by United Services Inv. (fe) (Entered: 02/04/1999)

Feb. 3, 1999

Feb. 3, 1999

20

ORDER granting defendant's motion for leave to file answer to complaint of plaintiff in intervention [18-1] (fe) (Entered: 02/22/1999)

Feb. 19, 1999

Feb. 19, 1999

Clearinghouse
21

Answer by United Services Inv. to complaint of plaintiff in intervention subject to defendant's motion to stay proceedings [6-1] (fe) (Entered: 02/22/1999)

Feb. 19, 1999

Feb. 19, 1999

22

ORDER. In consideration of defendant's motions to compel arbitration and to stay the instant proceedings pending arbitration, the Court is of the opinion that plaintiff and intervenor McGraw should be required to arbitrate their claims pursuant to the arbitration agreement entered into by the defendant and the intervenor..... (fe) (Entered: 02/22/1999)

Feb. 19, 1999

Feb. 19, 1999

Clearinghouse

Mooted motions motion to compel arbitration [10-1], motion to stay proceedings [7-1] (per Order filed 2/19/99) (fe) (Entered: 02/23/1999)

Feb. 19, 1999

Feb. 19, 1999

23

Motion by EEOC for clarification and reconsideration of Court's February 19, 1999 Order (kc) (Entered: 03/02/1999)

March 1, 1999

March 1, 1999

24

Response by United Services Inv. motion for clarification and reconsideration of Court's February 19, 1999 Order [23-1] (kc) (Entered: 03/15/1999)

March 12, 1999

March 12, 1999

25

Motion by United Services Inv. for protective order (fe) (Entered: 03/23/1999)

March 22, 1999

March 22, 1999

26

Letter Brief by EEOC to United Services Investments, Inc.'s response to EEOC's motion for clarification and reconsideration of Court's February 19, 1999 Order [23-1] (fe) (Entered: 03/24/1999)

March 24, 1999

March 24, 1999

27

ORDER denying plaintiff's motion for clarification and reconsideration of Court's February 19, 1999 Order [23-1] (fe) (Entered: 03/25/1999)

March 25, 1999

March 25, 1999

Clearinghouse
28

Response by Brandy S. McGraw Saldana to defendant's motion for protective order [25-1] (fe) (Entered: 04/01/1999)

March 31, 1999

March 31, 1999

29

Order denying defendant's motion for protective order [25-1] (fe) (Entered: 04/23/1999)

April 22, 1999

April 22, 1999

Clearinghouse
30

Motion by United Services Inv. to substitute attorney Shelton E. Padgett and Julie Gokavi in place of Michael L. Holland (fe) (Entered: 06/01/1999)

May 28, 1999

May 28, 1999

31

Order granting motion to substitute attorney Shelton E. Padgett and Julie Gokavi in place of Michael L. Holland [30-1] ; attorney Michael Lamoine Holland for United Services Inv. terminated; added attorney Shelton E. Padgett and Julie Gokavi. (fe) (Entered: 06/09/1999)

June 8, 1999

June 8, 1999

Clearinghouse
32

Joint motion by EEOC, United Services Inv., Brandy S. McGraw Saldana to enter consent decree (fe) (Entered: 07/06/1999)

July 2, 1999

July 2, 1999

33

CONSENT DECREE [32-1] (fe) (Entered: 07/07/1999)

July 6, 1999

July 6, 1999

Clearinghouse
34

FINAL JUDGMENT ORDER ENTERING CONSENT DECREE. After reviewing the Consent Decree, the Court finds that all issues the Plaintiff and Intervenor raised in the Complaint and Plea in Intervention have been disposed of, that the parties are in agreement, and that the Consent Decree should be entered. It is therefore ORDERED that the Consent Decree is hereby entered. (Pages: 1) (fe) (Entered: 07/07/1999)

July 6, 1999

July 6, 1999

Clearinghouse

Case closed (fe) (Entered: 07/07/1999)

July 6, 1999

July 6, 1999

35

Joint motion by EEOC, United Services Inv. to modify consent decree (fe) (Entered: 11/20/2000)

Nov. 20, 2000

Nov. 20, 2000

36

Order granting joint motion to modify consent decree [35-1] in that Kalpulli Talteca is hereby substituted in place of Teatro de la Esparanza in paragraph 9 of the Consent Decree. (sj) (Entered: 11/22/2000)

Nov. 21, 2000

Nov. 21, 2000

Clearinghouse

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 22, 1998

Closing Date: 1999

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

United Services Investments, Inc. (San Antonio), Private Entity/Person

United Services Investments, Inc. , Private Entity/Person

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

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

Available Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 125959.26

Order Duration: 1999 - 2002

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Issues

Discrimination-area:

Disparate Treatment

Hiring

Discrimination-basis:

Age discrimination

National origin discrimination

Race discrimination

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit