Case: United States v. Beaumont Housing Authority

1:96-cv-00070 | U.S. District Court for the Eastern District of Texas

Filed Date: Feb. 1, 1996

Closed Date: 1998

Clearinghouse coding complete

Case Summary

On February 1, 1996, the United States Department of Justice ("DOJ") filed an employment discrimination lawsuit in the U.S. District Court for the Eastern District of Texas against the Beaumont Housing Authority (BHA), under Title VII, 42 U.S.C. § 2000e et seq. According to the DOJ press release of October 14, 1997, the DOJ alleged that the defendant discriminated on the basis of race in hiring and promotion.On the same day, the parties jointly moved the court for provisional entry of a consent…

On February 1, 1996, the United States Department of Justice ("DOJ") filed an employment discrimination lawsuit in the U.S. District Court for the Eastern District of Texas against the Beaumont Housing Authority (BHA), under Title VII, 42 U.S.C. § 2000e et seq. According to the DOJ press release of October 14, 1997, the DOJ alleged that the defendant discriminated on the basis of race in hiring and promotion.

On the same day, the parties jointly moved the court for provisional entry of a consent decree. On February 20, 1996, the District Court (Judge Thad Heartfield) granted the motion for provisional entry and set the date for a fairness hearing.

On April 18, 1996, the court ordered final entry of the consent decree following a fairness hearing. Under the consent decree, the defendant was required to take steps to comply with the law and was barred from taking retaliatory action against any person who reports discriminatory conduct.

On February 11, 1997, the DOJ moved the court to reopen the case for supplemental relief. On February 26, 1997, the motion was denied. On March 31, 1997, the DOJ moved the court to find the defendant in contempt for terminating an employee in violation of the consent decree. The contempt motion asserted that that an employee of the defendant was terminated because she reported another employee's allegation of sexual harassment by a supervisor. The DOJ also sought consolidation with a related case. On July 17, 1997, the motion to consolidate was granted.

On October 9, 1997, the case was referred to mediation. On October 16, 1997, the court entered a supplemental consent decree. According to the DOJ press release on October 14, 1997, under the terms of the settlement, the defendant agreed to pay the harmed employee approximately $30,000 in monetary relief in exchange for release all of her claims against the BHA. The agreement permitted the DOJ to increase its monitoring of the defendant's personnel practices. The defendant agreed to increase training for all employees regarding federal anti-discrimination laws, and procedures for handling employees' reports of sexual harassment. The parties agreed to a two-year extension on the life of the original consent decree

On October 24, 1997, the defendant moved the court to sever the consolidated case. On November 17, 1997, the court denied the defendant's motion to sever.

On January 10, 1998, the court entered the final judgment that the plaintiff from the consolidated case shall recover nothing from the defendant.

This case is closed.

Summary Authors

Kaitlin Corkran (4/5/2008)

Zhandos Kuderin (7/10/2014)

People


Judge(s)
Attorney for Plaintiff

Bradford, John Michael (Texas)

Dodd, Olen Kenneth (Texas)

Gregory, Claire L. (District of Columbia)

Attorney for Defendant

Coco, Christopher Todd (Texas)

Cooper, Gaylyn Leon (Texas)

show all people

Documents in the Clearinghouse

Document

1:96-cv-00070

Docket [PACER]

United States v. Beaumont Housing

June 18, 2003

June 18, 2003

Docket

1:96-cv-00070

Agreement Reached to Resolve Contempt Proceeding Against the Housing Authority of Beaumont, Texas

Oct. 14, 1997

Oct. 14, 1997

Press Release

Docket

Last updated March 23, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

Original Complaint filed (bst) (Entered: 02/01/1996)

Feb. 1, 1996

Feb. 1, 1996

2

MOTION by USA, Beaumont Housing conditional entry of consent decree , & for a fairness Hearing (bst) (Entered: 02/01/1996)

Feb. 1, 1996

Feb. 1, 1996

3

In compliance with Article One of the Civil Justice Expense and Delay Reduction Plan, and after a review of the pleadings, this action has been assigned to track 3 for case management purposes. (bst) (Entered: 02/02/1996)

Feb. 2, 1996

Feb. 2, 1996

33

Letter from USA to TH regarding a description of the procedures followed by the civil rights division in settling by consent decree. (jmv) (Entered: 08/29/1997)

Feb. 7, 1996

Feb. 7, 1996

5

ORDER granting [2-1] motion for conditional entry of consent decree subject to final approval and entry by the Court after a fairness hearing set for 4/18/96 at 9:00. Order granting [2-2] motion for a fairness hearing (signed by Judge Thad Heartfield) cc attys 2-22-96 (tkd) (Entered: 02/22/1996)

Feb. 20, 1996

Feb. 20, 1996

4

Notice of Hearing: Motion hearing set for 9:00 4/18/96 for [2-1] motion conditional entry of consent decree, set for 9:00 4/18/96 for [2-2] motion for a fairness Hearing mailed to attys on 2/21/96 (former empl) (Entered: 02/21/1996)

Feb. 21, 1996

Feb. 21, 1996

Fairness hearing held re: [2-1] motion conditional entry of consent decree, [2-2] motion for a fairness Hearing before Judge Thad Heartfield. The Court approved the consent decree (former empl) (Entered: 04/18/1996)

April 18, 1996

April 18, 1996

6

Minutes Re: [0-0] fairness hearing by Judge Thad Heartfield on 4/18/96 (former empl) (Entered: 04/18/1996)

April 18, 1996

April 18, 1996

8

MOTION by USA to reopen case for the purpose of obtaining supplemental relief (bjc) (Entered: 02/12/1997)

Feb. 11, 1997

Feb. 11, 1997

9

Brief by USA in support of [8-1] motion to reopen case for the purpose of obtaining supplemental relief (bjc) (Entered: 02/12/1997)

Feb. 11, 1997

Feb. 11, 1997

10

Response and opposition by Beaumont Housing to govt's [8-1] motion to reopen case (bjc) (Entered: 02/25/1997)

Feb. 24, 1997

Feb. 24, 1997

11

Memorandum in opposition by Beaumont Housing in support of [10-1] response to govt's [8-1] motion to reopen case (bjc) (Entered: 02/25/1997)

Feb. 24, 1997

Feb. 24, 1997

12

ORDER denying [8-1] motion to reopen case for the purpose of obtaining supplemental relief (signed by Judge Thad Heartfield) cc: attys 2/26/97 (bjc) (Entered: 02/26/1997)

Feb. 26, 1997

Feb. 26, 1997

13

MOTION by USA for contempt for violating the 4/18/96 consent decree (bjc) (Entered: 03/31/1997)

March 31, 1997

March 31, 1997

14

Brief by USA in support of [13-1] motion for contempt for violating the 4/18/96 consent decree (bjc) (Entered: 03/31/1997)

March 31, 1997

March 31, 1997

18

MOTION by USA to consolidate case w/ 1:97cv84 (original doc in 1:97cv84) (bjc) (Entered: 06/19/1997)

March 31, 1997

March 31, 1997

19

Brief by USA in support of [18-1] motion to consolidate case w/ 1:97cv84 (original doc in 1:97cv84) (bjc) (Entered: 06/19/1997)

March 31, 1997

March 31, 1997

15

Reply by Beaumont Housing to USA's [13-1] motion for contempt for violating the 4/18/96 consent decree (bjc) (Entered: 04/10/1997)

April 9, 1997

April 9, 1997

16

Reply memorandum by Beaumont Housing in support of [15-1] response to USA's [13-1] motion for contempt (bjc) (Entered: 04/10/1997)

April 9, 1997

April 9, 1997

20

Response in opposition by Beaumont Housing to pla's [18-1] motion to consolidate case w/ 1:97cv84 (original doc in 1:97cv84) (bjc) Modified on 06/19/1997 (Entered: 06/19/1997)

April 9, 1997

April 9, 1997

21

Memorandum by Beaumont Housing in support of [20-1] response in oppositon to pla's [18-1] motion to consolidate (bjc) (Entered: 06/19/1997)

April 9, 1997

April 9, 1997

17

Notice of Hearing: Motion hearing set for 10:00 7/10/97 for [13- 1] motion for contempt for violating the 4/18/96 consent decree before Thad Heartfield cc: TH, Cooper, Martin, Libman, Patrick, Bradford, Dodd 6/16/97 (bjc) Modified on 06/16/1997 (Entered: 06/16/1997)

June 16, 1997

June 16, 1997

22

ORDER regarding preliminary matters raised by the motion for comtempt, the motion to consolidated and the responses to these motions (signed by Judge Thad Heartfield 6/25/97) cc: attys 6/30/97 (bjc) (Entered: 06/30/1997)

June 26, 1997

June 26, 1997

36

Notice of attorney appearance for Debra Kay Marshall by Christopher Matthew Parks (bjc) Modified on 10/15/1997 (Entered: 09/15/1997)

July 1, 1997

July 1, 1997

23

Supplemental brief by USA in support of [13-1] motion for contempt for violating the 4/18/96 consent decree (bjc) (Entered: 07/07/1997)

July 7, 1997

July 7, 1997

24

Supplemental Brief for issues involving the scope of the consent decree and remedies available predicated upon the concept of contempt filed by Beaumont Housing (bjc) (Entered: 07/08/1997)

July 7, 1997

July 7, 1997

25

Response by Beaumont Housing to brief in support of United States' [18-1] motion to consolidate case w/ 1:97cv84 (bjc) (Entered: 07/09/1997)

July 8, 1997

July 8, 1997

Motion hearing held re: [13-1] motion for contempt for violating the 4/18/96 consent decree, [18-1] motion to consolidate case w/ 1:97cv84 before Judge Thad Heartfield. Court entered Court Exhibit 1 - Agenda for Hearing. Parties state arguments. Court grants motion to consolidate cases. Court sets case on Track 5. Trial set for 11/18/97. Parties to submit proposed docket control order. (jmv) (Entered: 07/11/1997)

July 10, 1997

July 10, 1997

26

Court Exhibit list (jmv) (Entered: 07/11/1997)

July 10, 1997

July 10, 1997

27

Minutes Re: [0-0] motion hearing by Judge Thad Heartfield on 7/10/97 (Ct rep/ECRO: J.Kelley) (jmv) (Entered: 07/11/1997)

July 10, 1997

July 10, 1997

Status conference held before Judge Thad Heartfield. Court addresses motion to consolidate. Court will consolidate cases. Court will grant parties leave to file a motion to sever after discovery. Court will enter a written order. (jmv) (Entered: 07/16/1997)

July 15, 1997

July 15, 1997

28

Minutes Re: [0-0] status conference by Judge Thad Heartfield on 7/15/97 (Ct rep/ECRO: J. Kelley) (jmv) (Entered: 07/16/1997)

July 15, 1997

July 15, 1997

29

ORDER granting [18-1] motion to consolidate. Ordered that this case be consolidated w/ case 1:97cv84 (signed by Judge Thad Heartfield 7/16/97) cc: attys 7/23/97 (bjc) (Entered: 07/23/1997)

July 17, 1997

July 17, 1997

30

ORDER, reassigning this action to track 5 for case management purposes and setting pretrial conference for 11/18/97 before Judge Thad Heartfield . The parties are to file a proposed docket control or by 8/4/97 (signed by Judge Thad Heartfield 7/16/97) cc: attys 7/23/97 (bjc) (Entered: 07/23/1997)

July 17, 1997

July 17, 1997

31

Agreed MOTION by USA, Beaumont Housing for protective order (bjc) (Entered: 08/18/1997)

Aug. 15, 1997

Aug. 15, 1997

32

Amended Docket Control Order setting deadline for plas attys to contact the ct by 10/1/97 w/ the name of an agreed mediator (signed by Judge Thad Heartfield) cc: attys 8/20/97 (bjc) (Entered: 08/20/1997)

Aug. 20, 1997

Aug. 20, 1997

34

ORDER denying [31-1] motion for protective order (signed by Judge Thad Heartfield 9/2/97) cc: attys 9/4/97 (bjc) (Entered: 09/04/1997)

Sept. 3, 1997

Sept. 3, 1997

35

Notice of initial disclosure by USA (bjc) (Entered: 09/09/1997)

Sept. 8, 1997

Sept. 8, 1997

37

Unopposed MOTION by Debra Kay Marshall to amend [32-1] amended docket control ord (bjc) (Entered: 09/18/1997)

Sept. 17, 1997

Sept. 17, 1997

38

Second Amended Docket Control Order setting trial on 11/18/97. The Ct direct the attys for the plas to contact the ct by 10/1/97 w/ the name of an agreed mediator (signed by Judge Thad Heartfield) cc: attys 9/22/97 (bjc) (Entered: 09/22/1997)

Sept. 19, 1997

Sept. 19, 1997

39

ORDER granting [37-1] motion to amend [32-1] amended docket control ord (signed by Judge Thad Heartfield) cc: attys 9/22/97 (bjc) (Entered: 09/22/1997)

Sept. 19, 1997

Sept. 19, 1997

40

Second MOTION by Beaumont Housing to substitute atty Christopher T Coco and Zona Jones in place of George Michael Jamail (bjc) (Entered: 09/26/1997)

Sept. 26, 1997

Sept. 26, 1997

41

MOTION by Beaumont Housing, Debra Kay Marshall for leave to file agreed mo for extension of 2nd amended docket control ord (bjc) (Entered: 10/06/1997)

Oct. 2, 1997

Oct. 2, 1997

42

MOTION by Debra Kay Marshall for leave to file second amended cmp and to add parties (bjc) (Entered: 10/06/1997)

Oct. 3, 1997

Oct. 3, 1997

43

Original Answer to pla's 1st amended original complaint by Beaumont Housing (Mailed track assignment and consent form to atty Christopher CoCo) (bjc) (Entered: 10/06/1997)

Oct. 6, 1997

Oct. 6, 1997

46

Notice of third supplemental disclosure by Beaumont Housing (bjc) (Entered: 10/14/1997)

Oct. 9, 1997

Oct. 9, 1997

45

Notice of objections to pla's designation of expert witness by Beaumont Housing (bjc) (Entered: 10/14/1997)

Oct. 9, 1997

Oct. 9, 1997

47

ORDER granting [40-1] mo to substitute atty Christopher T Coco and Zona Jones in place of George Michael Jamail (signed by Judge Thad Heartfield) cc: attys 10/14/97 (bjc) (Entered: 10/14/1997)

Oct. 9, 1997

Oct. 9, 1997

48

Motion by Beaumont Housing, Debra Kay Marshall for extension of 2nd amended docket control ord (bjc) (Entered: 10/15/1997)

Oct. 10, 1997

Oct. 10, 1997

51

ORDER granting [41-1] mo for leave to file agreed mo for extension of 2nd amended docket control ord, and [48-1] mo for extension of 2nd amended docket control ord. The deadline for completion of discovery is extended until 10/31/97 (signed by Judge Thad Heartfield) cc: attys 10/14/97 (bjc) (Entered: 10/15/1997)

Oct. 10, 1997

Oct. 10, 1997

49

Response by Beaumont Housing to pla's [42-1] mo for leave to file second amended cmp (bjc) (Entered: 10/15/1997)

Oct. 14, 1997

Oct. 14, 1997

49

MOTION by Beaumont Housing to continue trial and for discovery (bjc) (Entered: 10/15/1997)

Oct. 14, 1997

Oct. 14, 1997

50

Joint MOTION by USA, Beaumont Housing for entry of supplemental consent decree (bjc) (Entered: 10/15/1997)

Oct. 14, 1997

Oct. 14, 1997

52

ORDER granting [50-1] motion for entry of supplemental consent decree (signed by Judge Thad Heartfield) cc parties 10/17/97 (bsw) (Entered: 10/17/1997)

Oct. 16, 1997

Oct. 16, 1997

53

Supplemental Consent Decree (signed by Judge Thad Heartfield) cc parties 10/17/97 (bsw) (Entered: 10/17/1997)

Oct. 16, 1997

Oct. 16, 1997

54

Memorandum in response by Debra Kay Marshall to dft's response to pla's [42-1] motion for leave to file second amended cmp and to add parties (bjc) (Entered: 10/20/1997)

Oct. 17, 1997

Oct. 17, 1997

54

Response by Debra Kay Marshall to dft's [49-1] mo to continue trial and [49-2] mo for discovery (bjc) (Entered: 10/20/1997)

Oct. 17, 1997

Oct. 17, 1997

56

Notice of 1st supplemental disclosure by Debra Kay Marshall (bjc) (Entered: 10/28/1997)

Oct. 27, 1997

Oct. 27, 1997

57

Notice of pretrial disclosure by Beaumont Housing (bjc) (Entered: 10/28/1997)

Oct. 27, 1997

Oct. 27, 1997

58

Notice of non-objection to dft Bmt Housing Authority's mo to sever 1:97cv84 from the case 1:96cv70 by USA (bjc) (Entered: 10/31/1997)

Oct. 30, 1997

Oct. 30, 1997

60

ORDER, sua sponte, amending the docket control ord. The submission dates for pretrial disclosures and the joint final pretrial ord are hereby suspended until 11/7/97 ( signed by Judge Thad Heartfield) cc: attys 11/4/97 (bjc) (Entered: 11/04/1997)

Oct. 31, 1997

Oct. 31, 1997

Final Pre-trial conference set at 9:00 11/18/97 before Judge Thad Heartfield. cc: TH, attys (jmv) (Entered: 11/03/1997)

Nov. 3, 1997

Nov. 3, 1997

Jury selection set at 9:00 11/19/97 before Judge Thad Heartfield (jmv) (Entered: 11/03/1997)

Nov. 3, 1997

Nov. 3, 1997

59

MOTION by Debra Kay Marshall for leave to file third amended complaint (bjc) (Entered: 11/04/1997)

Nov. 3, 1997

Nov. 3, 1997

61

Notice of amended pre-trial disclosure statement by Beaumont Housing (bjc) (Entered: 11/13/1997)

Nov. 13, 1997

Nov. 13, 1997

62

ORDER granting [59-1] mo for leave to file third amended complaint (signed by Judge Thad Heartfield) cc: attys 11/18/97 (bjc) (Entered: 11/18/1997)

Nov. 17, 1997

Nov. 17, 1997

63

ORDER granting [49-1] mo to continue trial; reset bench trial for 2/16/98 before Judge Thad Heartfield ( signed by Judge Thad Heartfield) cc: attys 11/18/97 (bjc) (Entered: 11/18/1997)

Nov. 17, 1997

Nov. 17, 1997

64

ORDER granting [49-2] mo for discovery (signed by Judge Thad Heartfield) cc: attys 11/18/97 (bjc) (Entered: 11/18/1997)

Nov. 17, 1997

Nov. 17, 1997

65

ORDER denying [55-1] mo to sever 1:97cv84 from cause no 1:96cv70 (signed by Judge Thad Heartfield) cc: attys 11/18/97 (bjc) (Entered: 11/18/1997)

Nov. 17, 1997

Nov. 17, 1997

66

ORDER denying as moot [42-1] mo for leave to file second amended cmp (signed by Judge Thad Heartfield) cc: attys 11/18/97 (bjc) (Entered: 11/18/1997)

Nov. 17, 1997

Nov. 17, 1997

67

Third Amended complaint by Debra Kay Marshall, amending [1-1] complaint (bjc) (Entered: 11/18/1997)

Nov. 17, 1997

Nov. 17, 1997

68

Notice of second amended pretrial disclosure by Beaumont Housing (bjc) (Entered: 11/24/1997)

Nov. 24, 1997

Nov. 24, 1997

69

ORDER amending docket control Order setting motions for summary judgment to be filed by 1/5/98 (signed by Judge Thad Heartfield 12/15/97) cc: attys 12/19/97 (bjc) (Entered: 12/19/1997)

Dec. 16, 1997

Dec. 16, 1997

70

Final Judgment by the Ct that the pla, Debra Kay Marshall, have and recover of and from dft, The Housing Authority of Beaumont, nothing, and that the said dft go hence w/o day. All taxable Ct costs are adjudged against the party incurring same, for which the officers of this Ct may have their execution (signed by Judge Thad Heartfield) cc: attys 1/21/98 (1:97-cv- 00084) (bjc) (Entered: 01/21/1998)

Jan. 20, 1998

Jan. 20, 1998

Shipped to FRC on 04/13/99 Accession number: 021-99-0293, Location K-06-099-3-5 Box 4 of 35 (rll) Modified on 12/15/2003 (Entered: 06/18/2003)

June 18, 2003

June 18, 2003

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Key Dates

Filing Date: Feb. 1, 1996

Closing Date: 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States government

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Beaumont Housing Authority (Beaumont, Jefferson), City

Defendant Type(s):

Housing Authority

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

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 30,000

Order Duration: 1996 - 1998

Content of Injunction:

Retaliation Prohibition

Develop anti-discrimination policy

Follow recruitment, hiring, or promotion protocols

Provide antidiscrimination training

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Harassment / Hostile Work Environment

Hiring

Promotion

Discrimination-basis:

Race discrimination

Race:

Race, unspecified