Case: EEOC v. NELSON TREE SERVICE, INC.

5:04-cv-02019 | U.S. District Court for the Western District of Louisiana

Filed Date: Sept. 28, 2004

Closed Date: 2008

Clearinghouse coding complete

Case Summary

In September 2004, the New Orleans District Office of the EEOC filed this suit against Nelson Tree Services in the U.S. District Court for the Western District of Louisiana, alleging that the defendant violated Title VII of the Civil Rights Act of 1964 by subjecting the charging party, a male employee, to a sexually hostile work environment. Specifically, the charging party was subjected to sexual harassment by his male supervisor including requests for sexual favors, unwelcome sexual comments, and unwanted touching. After some discovery disputes, the parties settled through a consent decree in April 2006.

The terms of the agreement were to run for 2 years. The docket sheet does not show any further enforcement took place; the case was presumably closed in 2008.

Summary Authors

Michele Marxkors (5/29/2007)

Clearinghouse (6/10/2017)

People


Judge(s)

Hornsby, Mark L. (Louisiana)

Judge(s)

Hornsby, Mark L. (Louisiana)

show all people

Documents in the Clearinghouse

Document

5:04-cv-02019

Docket [PACER]

EEOC v. Nelson Tree Service, Inc.

April 18, 2006

April 18, 2006

Docket
1-1

5:04-cv-02019

Complaint

EEOC v. Nelson Tree Service, Inc.

Sept. 28, 2004

Sept. 28, 2004

Complaint
40-1

5:04-cv-02019

Consent Decree

EEOC v. Nelson Tree Service, Inc.

April 18, 2006

April 18, 2006

Settlement Agreement

Resources

Docket

Last updated April 2, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Nelson Tree Service Inc with Jury Demand filed by Equal Employment Opportunity Commission. ( # 1 civil cover sheet)(Prest, B) (Entered: 10/06/2004)

Sept. 28, 2004

Sept. 28, 2004

2

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Nelson Tree Service Inc waiver sent on 10/12/2004, answer due 12/13/2004. (Franklin, K) (Entered: 11/17/2004)

Nov. 17, 2004

Nov. 17, 2004

3

ANSWER to Complaint by Nelson Tree Service Inc.(Dean, S) (Entered: 12/13/2004)

Dec. 13, 2004

Dec. 13, 2004

4

ORDER Rule 26 Conference between parties to take place before 2/3/2005. Rule 26 Report due by 2/17/2004. Scheduling Conference set for 2/24/2005 11:00 AM in Chambers before Magistrate Judge Roy S Payne. Signed by Judge Roy S Payne on 12/15/04. (Franklin, K) (Entered: 12/16/2004)

Dec. 16, 2004

Dec. 16, 2004

5

MOTION for Erania Ebron to Enroll as Co-Counsel by Equal Employment Opportunity Commission. (Attachments: # 1 Text of proposed order)(Franklin, K) (Entered: 02/14/2005)

Feb. 14, 2005

Feb. 14, 2005

*** Motions Transferred to Judge Mark L Hornsby regarding 5 MOTION for Erania Ebron to Enroll as Counsel (Franklin, K) (Entered: 02/14/2005)

Feb. 14, 2005

Feb. 14, 2005

6

ORDER granting 5 Motion to Enroll as Counsel. Added as counsel Erania Ebron for Equal Employment Opportunity Commission. Signed by Judge Mark L Hornsby on 2/14/05. (Franklin, K) (Entered: 02/16/2005)

Feb. 15, 2005

Feb. 15, 2005

7

NOTICE of Deficiency to Erania Ebron, Michelle L Maraist on behalf of Equal Employment Opportunity Commission, Nelson Tree Service Inc re: Rule 26(f) Case Management Report submitted on 2/15/05. Reason: needs original signatures. (Franklin, K) (Entered: 02/16/2005)

Feb. 16, 2005

Feb. 16, 2005

8

NOTICE of copy of deficient document (Attachments: # 1 Deficient Document)(Franklin, K) (Entered: 02/16/2005)

Feb. 16, 2005

Feb. 16, 2005

10

NOTICE by Equal Employment Opportunity Commission of Intent to Participate in Scheduling Conference by Telephone (Franklin, K) (Entered: 02/24/2005)

Feb. 22, 2005

Feb. 22, 2005

11

REPORT of Rule 26(f) Planning Meeting. (Franklin, K) (Entered: 02/24/2005)

Feb. 22, 2005

Feb. 22, 2005

9

MINUTE ENTRY REASSIGNING CASE. Case reassigned to Judge Mark L Hornsby. Judge Roy S Payne no longer assigned to case. (Reeves, T) (Entered: 02/23/2005)

Feb. 23, 2005

Feb. 23, 2005

Set Deadlines/Hearings: Scheduling Conference set for 2/24/2005 11:00 AM before Magistrate Mark L Hornsby (previously set before Judge Payne). (Reeves, T) (Entered: 02/23/2005)

Feb. 23, 2005

Feb. 23, 2005

12

NOTICE by Nelson Tree Service Inc of Intent to Participate in Scheduling Conference by Telephone. (Dean, S) (Entered: 03/01/2005)

Feb. 25, 2005

Feb. 25, 2005

13

SCHEDULING ORDER: Jury Trial set for 1/9/2006 09:30 AM before Judge Tom Stagg. Pretrial Conference set for 12/9/2005 10:00 AM before Judge Tom Stagg. Joinder of Parties and Amendment of Pleadings due by 3/25/2005. Plaintiffs Expert Info/Reports due by 7/1/2005. Witness List due by 7/1/2005. Discovery due by 10/11/2005. Defendants Expert Info/Reports due by 10/11/2005. Dispositive Motions due by 10/11/2005. Expert Depositions due by 11/10/2005. Conference to prepare pretrial order set for 11/9/2005. Motions in Limine due by 11/25/2005. Proposed Pretrial Order due by 11/29/2005. Trial Depositions due by 12/19/2005. Trial Brief/Pretrial Submissions due by 12/30/2005. Signed by Judge Mark L Hornsby on 03/01/2005. (Henderson, D) (Entered: 03/02/2005)

March 2, 2005

March 2, 2005

14

MOTION to Substitute Attorney Keith T Hill and Pamela Alfred-George in place of Michelle T Butler and Erania Ebron by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(crt,Dean, S) (Entered: 04/04/2005)

April 4, 2005

April 4, 2005

15

ORDER granting 14 Motion to Substitute Attorney. Added attorney Keith T Hill for Equal Employment Opportunity Commission, Pamela Alfred-George for Equal Employment Opportunity Commission. Attorney Michelle T Butler and Erania Ebron terminated . Signed by Judge Mark L Hornsby on 4/4/05. (crt,McInnis, S) (Entered: 04/06/2005)

April 5, 2005

April 5, 2005

PRO HAC VICE FILING FEE for Todd D Penney to appear on behalf of Nelson Tree Service Inc in the amount of $25.00, receipt number 122022 (crt,Lundy, N) (Entered: 06/15/2005)

June 15, 2005

June 15, 2005

17

ORDER granting 16 Motion to Appear Pro Hac Vice for appearance of Todd D Penney for Nelson Tree Service Inc; however, Mr Penney is directed to file the affidavit required by Local Rule 83.2.6W within 15 days. Signed by Judge Mark L Hornsby on June 16, 2005. (crt,Dean, S) (Entered: 06/17/2005)

June 16, 2005

June 16, 2005

19

WITNESS LIST by Equal Employment Opportunity Commission. (crt,Dean, S) (Entered: 07/05/2005)

July 1, 2005

July 1, 2005

20

MOTION to Supplement Petition for Admission Pro Hac Vice by Filing Affidavit of Todd D Penney by Nelson Tree Service Inc. (Attachments: # 1 Proposed Order; # 2 Affidavit of Todd D Penney)(crt,Dean, S) (Entered: 07/05/2005)

July 5, 2005

July 5, 2005

21

MOTION for Erania Ebron to Enroll as Counsel by Equal Employment Opportunity Commission. (Attachments: # 1 Text of proposed order)(crt,Franklin, K) (Entered: 07/11/2005)

July 11, 2005

July 11, 2005

22

ORDER granting 20 Motion to Supplement Petition for Admission Pro Hac Vice by Filing Affidavit of Todd D Penny. Signed by Judge Mark L Hornsby on 7/11/05. (crt,Franklin, K) (Entered: 07/12/2005)

July 12, 2005

July 12, 2005

23

AFFIDAVIT OF TODD D PENNY in support of Petition for Admission Pro Hac Vice Doc # (16) by Nelson Tree Service Inc. (crt,Franklin, K) (Entered: 07/12/2005)

July 12, 2005

July 12, 2005

24

ORDER granting 21 Motion to Enroll as Counsel. Added as counsel Erania Ebron for Equal Employment Opportunity Commission. Signed by Judge Mark L Hornsby on 7/12/05. (crt,Franklin, K) (Entered: 07/13/2005)

July 12, 2005

July 12, 2005

25

MOTION to Enforce Subpoena Duces Tecum, MOTION for Attorney Fees, Costs and Expenses by Nelson Tree Service Inc. (Attachments: # 1 Certificate regarding efforts to resolve (LR 37.1) # 2 Memorandum / Brief # 3 Exhibits # 4 Text of proposed order)(crt,Franklin, K) (Entered: 08/03/2005)

Aug. 3, 2005

Aug. 3, 2005

26

MOTION to Expedite consideration of 25 MOTION to Enforce Subpoena Duces Tecum MOTION for Attorney Fees by Nelson Tree Service Inc. (Attachments: # 1 Text of proposed order)(crt,Franklin, K) (Entered: 08/03/2005)

Aug. 3, 2005

Aug. 3, 2005

27

ORDER granting 26 Motion for Expedited Hearing. The Motion to Enforce Subpoena Duces Tecum is to be heard by telephone on 8/15/05 at 3:00 p.m. Plaintiff's opposition shall be filed, and copies provided to chambers, no later than 8/11/05. Counsel for Defendant shall arrange for the telephone conference. Signed by Judge Mark L Hornsby on 8/3/05. (crt,Franklin, K) (Entered: 08/03/2005)

Aug. 3, 2005

Aug. 3, 2005

28

OPPOSITION re 25 MOTION to Enforce Subpoena Duces Tecum MOTION for Attorney Fees filed by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum / Brief # 2 Exhibits # 3 Text of proposed order)(crt,Franklin, K) (Entered: 08/11/2005)

Aug. 11, 2005

Aug. 11, 2005

29

MOTION for Leave to File Reply Brief by Nelson Tree Service Inc. (Attachments: # 1 Text of proposed order # 2 Proposed Reply Brief)(crt,Reeves, T) (Entered: 08/15/2005)

Aug. 15, 2005

Aug. 15, 2005

30

MINUTE ENTRY: Defendant's 25 Motion for Attorney Fees and 25 Motion to Enforce Subpoena Duces Tecum is GRANTED IN PART AND DENIED IN PART. Counsel for plaintiff shall provide the supplemental responses and information necesary to prepare the releases as soon as possible but no later than August 31, 2005. Signed by Judge Mark L Hornsby on August 16, 2005. (crt,Berry, D) (Entered: 08/16/2005)

Aug. 16, 2005

Aug. 16, 2005

31

ORDER granting 29 Motion for Leave to File reply to opposition to motion to compel. Signed by Judge Mark L Hornsby on August 15, 2005. (crt,Berry, D) (Entered: 08/19/2005)

Aug. 18, 2005

Aug. 18, 2005

32

REPLY to Response to Motion re 25 MOTION for Attorney Fees and MOTION to Enforce Subpoena Duces Tecum filed by Nelson Tree Service Inc. (crt,Berry, D) (Entered: 08/19/2005)

Aug. 18, 2005

Aug. 18, 2005

NOTICE OF SERVICE SUSPENDED: Notice to Erania Ebron, Michelle L Maraist is discontinued in this case due to unsuccessful mail delivery resulting from Hurricane Katrina. Until mail delivery resumes and/or notification of a change of address or substitution of counsel is received, above-named counsel will not receive notice. (crt,Brown, A) (Entered: 09/07/2005)

Sept. 7, 2005

Sept. 7, 2005

33

NOTICE of Temporary Change of Address by Michelle L Maraist. (crt,Whidden, C) (Entered: 09/23/2005)

Sept. 22, 2005

Sept. 22, 2005

NOTICE OF SERVICE RESTORED: Notice to Michelle L Maraist has been RESUMED. Aforementioned counsel is advised that they will not recieve notice of any activity that occurred in this case from the time notice was suspended until this entry. Counsel should obtain a report of filings by running a Docket Activity for My Cases Report via PACER. (crt,Joffrion, B) (Entered: 09/23/2005)

Sept. 23, 2005

Sept. 23, 2005

34

MOTION to Continue Remaining Deadlines and Trial Date with Incorporated Memorandum WITH CONSENT and MOTION for a Telephone Status Conference by Nelson Tree Service Inc. (Attachments: # 1 Text of proposed order)(crt,Brown, A) (Entered: 10/11/2005)

Oct. 11, 2005

Oct. 11, 2005

Set Hearings: Magistrate Judge Telephone Status Conference set for 11/15/2005 10:30 AM before Magistrate Judge Mark L Hornsby. (crt,Brown, A) (Entered: 10/13/2005)

Oct. 12, 2005

Oct. 12, 2005

36

NOTICE of Temporary Change of Address by Jim Sacher on behalf of E E O C (crt,Franklin, K) (Entered: 10/24/2005)

Oct. 24, 2005

Oct. 24, 2005

NOTICE OF SERVICE RESTORED: Notice to Erania Ebron has been RESUMED. Aforementioned counsel is advised that they will not recieve notice of any activity that occurred in this case from the time notice was suspended until this entry. Counsel should obtain a report of filings by running a Docket Activity for My Cases Report via PACER. (crt,Alvarez, S) (Entered: 11/09/2005)

Nov. 9, 2005

Nov. 9, 2005

37

SCHEDULING ORDER: At the 11/15/2005 telephone status conference the following dates were set on the docket of Judge Stagg: Jury Trial set for 9/11/2006 09:30 AM before Judge Tom Stagg. Pretrial Conference set for 8/11/2006 11:00 AM before Judge Tom Stagg. Discovery due by 3/31/2006. Defendants Expert Info/Reports due by 3/31/2006. Dispositive Motions due by 3/31/2006. Expert Depositions due by 4/28/2006. Conference to prepare pretrial order set for 7/12/2006. Motions in Limine due by 7/27/2006. Proposed Pretrial Order due by 8/1/2006. Trial Depositions due by 8/21/2006. Trial Brief/Pretrial Submissions due by 9/1/2006. Signed by Judge Mark L Hornsby on 11/15/2005. (crt,McDonnell, D) (Entered: 11/17/2005)

Nov. 15, 2005

Nov. 15, 2005

38

NOTICE of Return to Permanent Address by Michelle L Maraist (crt,Brown, A) (Entered: 01/12/2006)

Jan. 12, 2006

Jan. 12, 2006

39

PROPOSED Consent Decree by Equal Employment Opportunity Commission, Nelson Tree Service Inc. (Attachments: # 1 Exhibits)(crt,Dean, S) (Entered: 04/07/2006)

April 7, 2006

April 7, 2006

40

CONSENT DECREE. Signed by Judge Tom Stagg on 4/17/2006. (Attachments: # 1 Exhibits)(crt,McDonnell, D) (Entered: 04/18/2006)

April 18, 2006

April 18, 2006

Case Details

State / Territory: Louisiana

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 28, 2004

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

Nelson Tree Services, Inc. (Hammond), Private Entity/Person

Nelson Tree Services, Inc. (Hammond), Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

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: 10000

Order Duration: 2006 - 2008

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Issues

Discrimination-area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Male

EEOC-centric:

Direct Suit on Merits