Case: EEOC v. TIL MAR INC (d/b/a PO PO FAMILY RESTAURANT)

5:02-cv-00938 | U.S. District Court for the Western District of Texas

Filed Date: Sept. 23, 2002

Closed Date: 2008

Clearinghouse coding complete

Case Summary

The EEOC's San Antonio district office sued Til Mar, Inc., d/b/a PoPo Family Restautant on September 23, 2002 in the U.S. District Court for the Western District of Texas. The EEOC's complaint alleged that the defendant violated Title VII when it discriminated based on sex (female). The parties both filed motions for summary judgment on November 3, 2003, which were never resolved. The parties entered into a consent decree on December 4, 2003 follow the successful settlement of the case at ADR on November 7. The consent decree stipulated that the defendant would pay the complainants $43,000 in damages, provide Title VII training to its managers, draft a non-discrimination policy, create a new complaint process, and report complaints of sex discrimination to the EEOC semiannually. The terms of the agreement were to run for 5 years. The docket sheet does not show any further enforcement took place; the case was presumably closed in 2008.

Summary Authors

Aaron Weismann (7/3/2007)

Clearinghouse (6/15/2017)

Documents in the Clearinghouse

Document

5:02-cv-00938

Docket [PACER]

EEOC v. Til Mar, Inc

Dec. 4, 2003

Dec. 4, 2003

Docket

5:02-cv-00938

Consent Decree

EEOC v. Til Mar, Inc., d/b/a Po Po Family Restaurant

Dec. 4, 2003

Dec. 4, 2003

Settlement Agreement

Resources

Docket

Last updated March 27, 2024, 3:12 a.m.

ECF Number Description Date Link Date / Link

Case assigned to Honorable Edward C. Prado (ct) (Entered: 09/25/2002)

Sept. 23, 2002

Sept. 23, 2002

1

Complaint filed. (Pages: 5) (ct) (Entered: 09/25/2002)

Sept. 23, 2002

Sept. 23, 2002

2

Waiver of Service by Til Mar, Inc.; Notice and Request Mailed on 10/2/02; Answer due on 12/2/02 for Til Mar, Inc. (fe) (Entered: 10/08/2002)

Oct. 7, 2002

Oct. 7, 2002

3

Answer by Til Mar, Inc.; jury demand. (fe) (Entered: 10/16/2002)

Oct. 15, 2002

Oct. 15, 2002

4

ORDERED that Plaintiff confer with Defendant as required by FRCP 26(f) and LCR CV-16(c) to submit a scheduling order for the Court's consideration by 12/15/02. Failure to do so may result in the Court entering its own scheduling order. (fe) (Entered: 11/01/2002)

Nov. 1, 2002

Nov. 1, 2002

5

Report of Parties' Rule 26(f) Joint Discovery/Case Management Plan filed by Equal Employment, Til Mar, Inc. (fe) (Entered: 11/07/2002)

Nov. 6, 2002

Nov. 6, 2002

Received "Agreed Proposed Scheduling order". (fe) (Entered: 11/07/2002)

Nov. 6, 2002

Nov. 6, 2002

6

Scheduling order setting Alternate Dispute Resolution Report due by 12/5/02; Joining of parties, amending of pleadings on 8/4/03; Discovery cutoff 9/3/03; Deadline for filing of all motions 10/3/03; Jury Selection set for 9:00 12/1/03; Jury trial set for 9:00 12/1/03; Pretrial order to be submitted on or before 11/21/03 (rg1) (Entered: 11/13/2002)

Nov. 12, 2002

Nov. 12, 2002

7

Non-consent to proceed before a U.S. Magistrate by Til Mar, Inc. (fe) (Entered: 11/19/2002)

Nov. 19, 2002

Nov. 19, 2002

8

Joint Alternate Dispute Resolution Report filed by Equal Employment, Til Mar, Inc., Party(s) do not agree to Alternate Dispute Resolution (rg1) (Entered: 12/06/2002)

Dec. 5, 2002

Dec. 5, 2002

9

Plaintiff's Designation of Potential Witnesses, Potential Testifying Experts and Proposed Trial Exhibits. (fe) (Entered: 05/05/2003)

May 2, 2003

May 2, 2003

10

Defendant's Designation of Potential Witnesses, Potential Testifying Experts and Propposed Trial Exhibits. (fe) (Entered: 05/20/2003)

May 19, 2003

May 19, 2003

11

Order signed by Honorable Edward C. Prado transferring this case to Honorable Xavier Rodriguez. (fe) (Entered: 08/19/2003)

Aug. 18, 2003

Aug. 18, 2003

Case reassigned from Honorable Edward C. Prado to Judge Xavier Rodriguez. (fe) (Entered: 08/19/2003)

Aug. 18, 2003

Aug. 18, 2003

12

Joint motion by Equal Employment, Til Mar, Inc. to extend time to complete discovery and to file dispositive motions (fe) (Entered: 08/28/2003)

Aug. 27, 2003

Aug. 27, 2003

13

Order granting joint motion to extend time to complete discovery and to file dispositive motions [12-1] scheduling order deadlines: Deadline for filing of all motions by 10/30/03; Discovery deadline on 9/30/03 signed by Judge Xavier Rodriguez. (fe) (Entered: 09/04/2003)

Sept. 3, 2003

Sept. 3, 2003

14

Defendant's Supplemental Designation of Potential Witnesses, Potential Testifying Experts and Proposed Trial Exhibits. (fe) (Entered: 09/29/2003)

Sept. 29, 2003

Sept. 29, 2003

15

Til Mar Inc., d/b/a/ Po Po Family Restaurant's Supplemental Disclosures. (fe) (Entered: 09/29/2003)

Sept. 29, 2003

Sept. 29, 2003

17

Order denying Til Mar's motion to compel attendance at mediation [16-1] signed by Judge Xavier Rodriguez. (fe) (Entered: 10/30/2003)

Oct. 29, 2003

Oct. 29, 2003

18

Motion by Til Mar, Inc. for leave to file motion for summary judgment and brief in support in excess of ten pages (fe) (Entered: 10/31/2003)

Oct. 30, 2003

Oct. 30, 2003

Received "Defendant Til Mar, Inc. d/b/a Po Po Family Restaurant's Motion for Summary Judgment and Brief in Support Thereof". (fe) (Entered: 10/31/2003)

Oct. 30, 2003

Oct. 30, 2003

19

Response by Equal Employment in opposition to defendant's motion to compel attendance at mediation. [16-1] (fe) (Entered: 10/31/2003)

Oct. 30, 2003

Oct. 30, 2003

20

Motion by Equal Employment for leave to file plaintiff's motion for partial summary judgment in excess of fifteen pages (fe) (Entered: 10/31/2003)

Oct. 30, 2003

Oct. 30, 2003

Received "Plaintiff EEOC's Motion for Partial Summary Judgment and Brief in Support". (fe) (Entered: 10/31/2003)

Oct. 30, 2003

Oct. 30, 2003

21

Order granting motion for leave to file plaintiff's motion for partial summary judgment in excess of fifteen pages [20-1] signed by Judge Xavier Rodriguez (fe) (Entered: 11/03/2003)

Nov. 3, 2003

Nov. 3, 2003

22

Order granting Defendant Til Mar, Inc.'s motion for leave to file motion for summary judgment and brief in support in excess of ten pages [18-1] signed by Judge Xavier Rodriguez. (fe) (Entered: 11/03/2003)

Nov. 3, 2003

Nov. 3, 2003

23

Motion by Equal Employment with memorandum in support for partial summary judgment (fe) (Entered: 11/03/2003)

Nov. 3, 2003

Nov. 3, 2003

24

Motion by Til Mar, Inc. with memorandum in support for summary judgment (fe) (Entered: 11/03/2003)

Nov. 3, 2003

Nov. 3, 2003

25

Joint Advisory to the court regarding settlement filed by Equal Employment, Til Mar, Inc. (fe) (Entered: 11/07/2003)

Nov. 7, 2003

Nov. 7, 2003

26

Notice of Alternate Dispute Resolution Outcome settled during ADR (fe) (Entered: 11/07/2003)

Nov. 7, 2003

Nov. 7, 2003

27

Joint motion by Equal Employment, Til Mar, Inc. to enter consent decree (fe) (Entered: 12/01/2003)

Nov. 26, 2003

Nov. 26, 2003

28

Order granting joint motion to enter consent decree [27-1] signed by Judge Xavier Rodriguez (rg) (Entered: 12/05/2003)

Dec. 4, 2003

Dec. 4, 2003

29

Final Judgment Order entering consent decree signed by Judge Xavier Rodriguez (Pages: 1) (kc) (Entered: 12/05/2003)

Dec. 4, 2003

Dec. 4, 2003

Case closed (kc) (Entered: 12/05/2003)

Dec. 4, 2003

Dec. 4, 2003

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 23, 2002

Closing Date: 2008

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

Til Mar, 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: 43000

Order Duration: 2003 - 2008

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Issues

Discrimination-area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits