Case: EEOC v. BROUSSARD CATARACT AND EYE INSTITUTE

3:97-cv-00928 | U.S. District Court for the Western District of Louisiana

Filed Date: May 9, 1997

Closed Date: April 9, 1998

Clearinghouse coding complete

Case Summary

In May 1997, the EEOC district office in New Orleans, Louisiana brought this action against the Broussard Cataract & Eye Institute in the U.S. District Court for the Western District of Louisiana. The EEOC alleged that the defendant violated Title VII of the Civil Rights Act of 1964 by maintaining a sexually hostile work environment. After two failed motions by the defense to dismiss, the parties settled and a consent decree was entered in April 2000.

In the consent decree, the parties agreed that the defendant would refrain from retaliating and discriminating on the basis of sex, post an EEO notice, distribute copies of its anti-retaliation and anti-sex discrimination policies to all its employees, provide EEO training, and expunge the complainants' employment records of all references to this litigation.

Summary Authors

Jason Chester (7/30/2007)

Documents in the Clearinghouse

Document

3:97-cv-00928

Docket [PACER]

EEOC v. Broussard Cataract, et al

April 12, 2000

April 12, 2000

Docket
29

3:97-cv-00928

Consent Decree

EEOC v. Broussard Cataract and Eye Institute, Dr. Gerald Broussard d/b/a Broussard Cataract and Eye Institute

April 12, 2000

April 12, 2000

Settlement Agreement

Resources

Docket

Last updated March 12, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link

Amount of fee $0/USA PLAINTIFF. (McInnis, S) (Entered: 05/14/1997)

May 9, 1997

May 9, 1997

CASE ASSIGNED to Magistrate Judge John F Simon for discovery. (Prest, B) (Entered: 05/20/1997)

May 9, 1997

May 9, 1997

2

MOTION by Broussard Cataract to extend time in which to plead with Proposed Order referred to Magistrate Judge John F Simon (Henderson, D) (Entered: 07/29/1997)

July 28, 1997

July 28, 1997

3

ORDER granting [2-1] motion to extend time in which to plead given 20 days (signed by Magistrate Judge John F Simon) NOE by: bg (Henderson, D) Modified on 08/01/1997 (Entered: 08/01/1997)

July 30, 1997

July 30, 1997

4

WAIVER of service returned executed as to Broussard Cataract ; Request for waiver mailed on 7/9/97; Answer due on 9/8/97 for Broussard Cataract (Henderson, D) (Entered: 08/04/1997)

Aug. 4, 1997

Aug. 4, 1997

5

MOTION w/brief by Broussard Cataract to dismiss pursuant to FRCP 12(b)(1) alternative for to stay Motion day set for 10/10/97 for [5-1] motion before Judge Donald E Walter 10/10/97 for [5-2] motion before Judge Donald E Walter Notice issued. (Henderson, D) (Entered: 08/28/1997)

Aug. 26, 1997

Aug. 26, 1997

6

DEFICIENCY NOTICE to counsel for E E O C re: Memorandum in opposition to deft's motion to dismiss or alternatively to stay proceedings submitted on 9/12/97 Reason: not original signature. NOE by dh (Henderson, D) (Entered: 09/15/1997)

Sept. 15, 1997

Sept. 15, 1997

7

REPLY by Broussard Cataract to response to [5-1] motion to dismiss pursuant to FRCP 12(b)(1), [5-2] motion to stay (Henderson, D) (Entered: 09/25/1997)

Sept. 23, 1997

Sept. 23, 1997

8

MEMORANDUM by E E O C in opposition to [5-1] motion to dismiss pursuant to FRCP 12(b)(1), [5-2] motion to stay (Henderson, D) (Entered: 09/25/1997)

Sept. 24, 1997

Sept. 24, 1997

9

ORDER denying [5-1] motion to dismiss pursuant to FRCP 12(b)(1), denying [5-2] motion to stay. (signed by Judge Donald E Walter) NOE by: sjd (Dean, S) (Entered: 10/14/1997)

Oct. 10, 1997

Oct. 10, 1997

13

MOTION by Jane Black, Deanne Griffin to intervene with Proposed Order/THIS DOCUMENT IS DEFICIENT/NO consent/Deficiency senton 10/28/97/parties NEVER complied (Henderson, D) (Entered: 11/17/1997)

Oct. 24, 1997

Oct. 24, 1997

10

DEFICIENCY NOTICE to counsel for Jane Black, Deanne Griffin re: motion for intervention submitted on 10/24/97 Reason: need consent. NOE by dh (Henderson, D) (Entered: 10/28/1997)

Oct. 28, 1997

Oct. 28, 1997

11

MOTION w/ brief by Broussard Cataract to dismiss complaint ; Motion day set for soon after last brief is due for [11-1] motion before Magistrate Judge John F Simon . Notice issued. (Dean, S) (Entered: 11/06/1997)

Nov. 5, 1997

Nov. 5, 1997

12

REQUEST for default by E E O C agn Broussard Cataract; DEFALT NOT ENTERED AS DEFENDANT FILED A MOTION TO DISMISS ON 11/05/97 (Dean, S) (Entered: 11/06/1997)

Nov. 6, 1997

Nov. 6, 1997

**RECORD LOCATION flag set to Alexandria; ( 1 volumes, 0 exhibit folders) (Henderson, D) (Entered: 11/13/1997)

Nov. 13, 1997

Nov. 13, 1997

14

ORDER striking [13-1] motion to intervene (signed by Magistrate Judge Robert H Shemwell) NOE by: dh (Henderson, D) (Entered: 11/17/1997)

Nov. 17, 1997

Nov. 17, 1997

17

MOTION by E E O C to amend [1-1] complaint with Proposed Order referred to Magistrate Judge John F Simon (Henderson, D) (Entered: 12/09/1997)

Nov. 24, 1997

Nov. 24, 1997

16

DEFICIENCY NOTICE to counsel for E E O C re: Motion to amend complaint submitted on 11/24/97 Reason: did not have proposed pleading attached. NOE by dh (Henderson, D) (Entered: 11/25/1997)

Nov. 25, 1997

Nov. 25, 1997

18

ORDER granting [17-1] motion to amend [1-1] complaint ( signed by Magistrate Judge John F Simon) NOE by: a (Henderson, D) (Entered: 12/11/1997)

Dec. 10, 1997

Dec. 10, 1997

19

AMENDED COMPLAINT by E E O C (Answer due 12/22/97 for Broussard Cataract) amending [1-1] complaint adding defendant Gerald Broussard; jury demand (Henderson, D) (Entered: 12/11/1997)

Dec. 10, 1997

Dec. 10, 1997

20

RESPONSE by Broussard Cataract, Gerald Broussard to [17-1] motion to amend [1-1] complaint (Henderson, D) (Entered: 12/11/1997)

Dec. 10, 1997

Dec. 10, 1997

21

REPLY by Broussard Cataract, Gerald Broussard to response to [11-1] motion to dismiss complaint (Henderson, D) (Entered: 12/11/1997)

Dec. 10, 1997

Dec. 10, 1997

22

REPORT AND RECOMMENDATIONS of Magistrate Judge James D Kirk Re: [11-1] motion to dismiss complaint, recommending that the deft's Motion to Dismiss be DENIED AS MOOT; Motion no longer referred; Objections to R and R due by 1/16/98 NOE by mll (Henderson, D) (Entered: 01/07/1998)

Jan. 2, 1998

Jan. 2, 1998

**RECORD LOCATION flag set to Shreveport; ( 1 volumes, 0 exhibit folders) (Henderson, D) (Entered: 01/07/1998)

Jan. 7, 1998

Jan. 7, 1998

23

ANSWER to Complaint by Gerald Broussard, Broussard Cataract (Henderson, D) (Entered: 01/11/1998)

Jan. 7, 1998

Jan. 7, 1998

23

ANSWER by Broussard Cataract, Gerald Broussard to amended complaint (Henderson, D) (Entered: 01/11/1998)

Jan. 7, 1998

Jan. 7, 1998

CASE REASSIGNED to Magistrate Judge James D. Kirk due to the retirement of Magistrate Simon. (former employee) (Entered: 01/30/1998)

Jan. 30, 1998

Jan. 30, 1998

24

MINUTE ENTRY: This matter has been reassigned from Magistrate Judge Kirk to Magistrate Judge Hayes. Any setting pending before Magistrate Judge Kirk will be rescheduled before Magistrate Judge Hayes (signed by Gene R Smith by Order of the Court) NOE by: om (former employee) (Entered: 02/23/1998)

Feb. 23, 1998

Feb. 23, 1998

CASE reassigned to Magistrate Judge Karen L Hayes (former employee) (Entered: 02/23/1998)

Feb. 23, 1998

Feb. 23, 1998

CASE ASSIGNED to Magistrate Judge Karen L Hayes for Discovery (Dean, S) (Entered: 02/24/1998)

Feb. 23, 1998

Feb. 23, 1998

25

ORDER to set scheduling conference at 201 Jackson St, Suite 201, Monroe, LA for 10:00am on 4/9/98 before Magistrate Judge Karen L Hayes . IT IS FURTHER ORDERED that any party unable to attend conference shall arrange a date and hour with this Court and all opposing counsel within 10- days of this Order, or as soon as otherwise practicable. Out-of-town counsel may participate by phone UPON PRIOR NOTICE TO THE COURT. (signed by Magistrate Judge Karen L Hayes) NOE by: bp (Prest, B) (Entered: 03/06/1998)

March 6, 1998

March 6, 1998

**RECORD LOCATION flag set to MON (Reeves, T) (Entered: 04/07/1998)

April 2, 1998

April 2, 1998

26

JUDGMENT mooting [11-1] motion to dismiss complaint filed on behalf of Broussard Cataract and Eye, in accordance with Report and Recommendation of Magistrate Judge (signed by Judge Donald E Walter) (Reeves, T) (Entered: 04/08/1998)

April 6, 1998

April 6, 1998

**REMOVED Record Location flag. (Reeves, T) (Entered: 04/10/1998)

April 9, 1998

April 9, 1998

27

90 DAY ORDER of dismissal (signed by Judge Donald E Walter) NOE by: jak (Reeves, T) (Entered: 04/13/1998)

April 9, 1998

April 9, 1998

Case closed (Reeves, T) (Entered: 04/13/1998)

April 9, 1998

April 9, 1998

28

MOTION by E E O C to dismiss with Proposed Consent Decree referred to Magistrate Judge Karen L Hayes (McInnis, S) (Entered: 04/07/2000)

April 7, 2000

April 7, 2000

29

CONSENT DECREE granting [28-1] motion to dismiss (signed by Judge Robert G James) NOE by: db (Berry, D) (Entered: 04/13/2000)

April 12, 2000

April 12, 2000

Case Details

State / Territory: Louisiana

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: May 9, 1997

Closing Date: April 9, 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Gerald Broussard, Private Entity/Person

Broussard Cataract & Eye Institute, 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

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2000 - 2002

Content of Injunction:

Expungement of Employment Record

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

Discrimination-area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits