Case: EEOC v. MEDICAL CENTER BRACE & LIMB, INC.

4:01-cv-03541 | U.S. District Court for the Southern District of Texas

Filed Date: Oct. 15, 2001

Closed Date: 2002

Clearinghouse coding complete

Case Summary

In October 2001, the Houston District Office of the EEOC brought this lawsuit against Medical Center Brace & Limb, Inc. in the U.S. District Court for the Southern District of Texas. We do not have a copy of the complaint; therefore the exact allegations involved are unknown. However, it appears from the consent decree that the complaint alleged that the defendant discriminated against the three charging parties on the basis of sex, female in violation of Title VII of the Civil Right Act of 1…

In October 2001, the Houston District Office of the EEOC brought this lawsuit against Medical Center Brace & Limb, Inc. in the U.S. District Court for the Southern District of Texas. We do not have a copy of the complaint; therefore the exact allegations involved are unknown. However, it appears from the consent decree that the complaint alleged that the defendant discriminated against the three charging parties on the basis of sex, female in violation of Title VII of the Civil Right Act of 1964. The complainants intervened in January 2002. After some discovery and mediation, the parties settled the case in July 2002 through a consent decree.

The four-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: provide a written apology and neutral reference for the complainants, provide EEO training, post notice of employee rights, update its discrimination policy, create a complaint resolution process, provide sensitivity training for a specified individual, annually report complaints to the EEOC, permit EEOC access for monitoring purposes, provide annual training for managers, and pay $200,000 to be distributed among three individuals.

Summary Authors

Daisy Manning (10/15/2007)

People


Judge(s)

Stacy, Frances H. (Texas)

Judge(s)

Stacy, Frances H. (Texas)

show all people

Documents in the Clearinghouse

Document

4:01-cv-03541

Docket (PACER)

EEOC v. Medical Center Brace

Dec. 14, 2002

Dec. 14, 2002

Docket
24

4:01-cv-03541

Order of Dismissal on Settlement Announcement

EEOC v. Medical Center Brace

July 19, 2002

July 19, 2002

Order/Opinion
28

4:01-cv-03541

Consent Decree

EEOC v. Medical Center Brace

Sept. 4, 2002

Sept. 4, 2002

Settlement Agreement
29

4:01-cv-03541

Supplemental Consent Decree

EEOC v. Medical Center Brace

Dec. 14, 2002

Dec. 14, 2002

Settlement Agreement

Resources

Docket

Last updated March 31, 2024, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT by EEOC filed; (bchurchill) (Entered: 10/16/2001)

Oct. 15, 2001

Oct. 15, 2001

2

Order setting Initial Pretrial and Scheduling Conference on 3:15 2/8/02 before Judge Ewing Werlein, Jr and Order to Disclose Interested Persons, filed. Parties notified. (bchurchill) (Entered: 10/16/2001)

Oct. 15, 2001

Oct. 15, 2001

1 SUMMONS issued for Medical Center Brace (bchurchill) (Entered: 10/16/2001)

Oct. 15, 2001

Oct. 15, 2001

3

CERTIFICATE OF INTERESTED PARTIES by Pltf EEOC, filed. (fmremp) (Entered: 11/01/2001)

Oct. 30, 2001

Oct. 30, 2001

5

CERTIFICATE OF INTERESTED PARTIES by Medical Center Brace & Limb, Inc. filed. (fmremp) (Entered: 11/19/2001)

Nov. 16, 2001

Nov. 16, 2001

6

MOTION to intervene by Deborah E Bryant, Motion Docket Date 12/30/01 [6-1] motion , filed. (fmremp) (Entered: 12/12/2001)

Dec. 10, 2001

Dec. 10, 2001

8

CERTIFICATE OF INTERESTED PARTIES by Deborah E Bryant , filed. (fmremp) (Entered: 12/12/2001)

Dec. 10, 2001

Dec. 10, 2001

7

Intervenor's COMPLAINT by Deborah E Bryant against intervenor- defendant Medical Center Brace and John W. Fain, Jr., filed (fmremp) (Entered: 12/20/2001)

Dec. 10, 2001

Dec. 10, 2001

9

First AMENDED MOTION to intervene , by Sandra K Ileks, Kimberly J Nicholson, Motion Docket Date 1/1/02 [9-1] motion , filed. (psmith) (Entered: 12/14/2001)

Dec. 12, 2001

Dec. 12, 2001

10

First AMENDED COMPLAINT In Intervention, by Sandra K Ileks, Kimberly J Nicholson against defendant Medical Center Brace , filed (psmith) (Entered: 12/14/2001)

Dec. 12, 2001

Dec. 12, 2001

11

First Amended CERTIFICATE OF INTERESTED PARTIES by Sandra K Ileks, Kimberly J Nicholson , filed. (psmith) (Entered: 12/14/2001)

Dec. 12, 2001

Dec. 12, 2001

Motion(s) referred: [9-1] motion to intervene referred to Magistrate Judge Frances H. Stacy, [6-1] motion to intervene referred to Magistrate Judge Frances H. Stacy (psmith) (Entered: 01/08/2002)

Jan. 8, 2002

Jan. 8, 2002

12

ORDER granting Sandra Ileks' and Kimberly Nicholson's [9-1] motion to intervene denying as moot Ilkes' and Nicholson's [6-1] motion to intervene , entered; Parties notified. ( signed by Magistrate Judge Frances H. Stacy ) (amaly) (Entered: 01/14/2002)

Jan. 11, 2002

Jan. 11, 2002

13

JOINT DISCOVERY/Case Management Plan by EEOC, Medical Center Brace, Sandra K Ileks, Kimberly J Nicholson, Medical Center Brace, Deborah E Bryant , filed. (fmremp) (Entered: 01/30/2002)

Jan. 29, 2002

Jan. 29, 2002

14

Minute Entry Order: Apps: K. Boutcher f/EEOC; J. Vorpahl, J. Bloom f/Medical Center Brace and Limb; S. Schecht f/J. Hoots, D. Bryant f/Intervenors Ilek-Nicholson, entered. Docket Control Order entered. The parties will complete all discovery required for purposes of Alternative Dispute Resolution, including mediation, within 90 days, and no later than 5/9/02, will advise the Court of the identity of a mediator to whom they jointly agree that this case can be referred for mediation. Depositions in preparation for mediation will be limited to 2 hours each. (signed by Judge Ewing Werlein, Jr ) (fmremp) (Entered: 02/12/2002)

Feb. 8, 2002

Feb. 8, 2002

15

SCHEDULING ORDER setting Joining of parties 4/15/02 ; Pltf expert witness list submitted by 8/30/02 ; Deft expert witness list submitted by 9/30/02 ; Discovery cutoff 1/31/03 ; Deadline for filing all dispositive motions 2/15/03 ; Deadline for filing non-dispositive motions 2/15/03 ; Pretrial order to be submitted on or before 5/15/03 ; Docket call deadline 4:00 6/6/03 ; before Judge Ewing Werlein, Jr , Jury trial, entered. Parties notified. ( Signed by Judge Ewing Werlein, Jr ) (fmremp) (Entered: 02/12/2002)

Feb. 8, 2002

Feb. 8, 2002

Deadline updated; set notice of compliance due for 5/9/02 (fmremp) (Entered: 02/15/2002)

Feb. 8, 2002

Feb. 8, 2002

16

INITIAL DISCLOSURE by Sandra K Ileks, Kimberly J Nicholson , filed. (psmith) (Entered: 03/05/2002)

March 4, 2002

March 4, 2002

17

SUPPLEMENT to [16-1] initial disclosures by Sandra K Ileks, Kimberly J Nicholson , filed. (psmith) (Entered: 03/06/2002)

March 4, 2002

March 4, 2002

18

Intervenor's COMPLAINT by Jennifer Hooter against Medical Center Brace and John W. Fain, Jr., filed (sguevara) (Entered: 04/12/2002)

April 11, 2002

April 11, 2002

19

RETURN OF SERVICE re: intervenor's complaint executed as to John W Fain Jr 4/23/02 filed. Answer due on 5/13/02 for John W Fain Jr. (ljackson) (Entered: 04/25/2002)

April 24, 2002

April 24, 2002

22

MEDIATION NOTICE TO THE COURT- Parties have jointly agreed that this matter may be refrred for mediation before William Bonham. (mhorn) (Entered: 05/14/2002)

May 9, 2002

May 9, 2002

20

ORIGINAL ANSWER by John W Fain Jr to Bryant's [7-1] intervenor complaint , filed. (sguevara) Modified on 05/14/2002 (Entered: 05/14/2002)

May 13, 2002

May 13, 2002

21

ORIGINAL ANSWER by John W Fain Jr to Ileks and Nicholson's [10-1] first amended intervenor complaint , filed. (sguevara) (Entered: 05/14/2002)

May 13, 2002

May 13, 2002

23

ORDER referring case to Mediation, entered. The following mediator was refered: William Bonham. Parties ntfd. ( signed by Judge Ewing Werlein, Jr ) (ljackson) (Entered: 05/30/2002)

May 29, 2002

May 29, 2002

24

ORDER OF DISMISSAL ON SETTLEMENT ANNOUNCEMENT,entered; The case is DISMISSED without prejudice to the right of the parties to move for reinstatement within ninety (90) days after the entry of this order. Parties notified. (signed by Judge Ewing Werlein, Jr ) (sjones) (Entered: 07/22/2002)

July 19, 2002

July 19, 2002

Case closed (sjones) (Entered: 07/22/2002)

July 19, 2002

July 19, 2002

25

Alternate Dispute Resolution Provider MEMORANDUM by mediator William Bonham, filed. This case referred ADR SETTLE. (mhorn) (Entered: 07/24/2002)

July 22, 2002

July 22, 2002

26

AGREED MOTION for entry of consent decree by EEOC, Medical Center Brace, Sandra K Ileks, Kimberly J Nicholson, Jennifer , filed. (ljackson) (Entered: 08/30/2002)

Aug. 30, 2002

Aug. 30, 2002

27

AGREED TAKE NOTHING JUDGMENT, entered. Parties ntfd. (Signed by Judge Ewing Werlein, Jr) (ljackson) (Entered: 09/04/2002)

Sept. 4, 2002

Sept. 4, 2002

28

CONSENT DECREE by EEOC and Medical Center Brace and Limb Inc, entered. Parties notified ( signed by Judge Ewing Werlein, Jr ) (ljackson) (Entered: 09/04/2002)

Sept. 4, 2002

Sept. 4, 2002

Rec'd Supplemental Consent Decree, frwd to CRD (psmith) (Entered: 12/12/2002)

Dec. 11, 2002

Dec. 11, 2002

29

SUPPLEMENTAL CONSENT DECREE, entered. Parties notified. (signed by Judge Ewing Werlein, Jr) (ljackson) (Entered: 12/16/2002)

Dec. 14, 2002

Dec. 14, 2002

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Oct. 15, 2001

Closing Date: 2002

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

Medical Center Brace & Limb, Inc., Private Entity/Person

Case Details

Causes of Action:

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: 200000

Order Duration: 2002 - 2006

Content of Injunction:

Apology

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit