Case: EEOC v. James O. "Skip" Baker d/b/a Baker Investment Company and Mr. Gatti's Pizza

2:98-cv-00422 | U.S. District Court for the Southern District of Texas

Filed Date: Sept. 28, 1998

Closed Date: Dec. 16, 1998

Clearinghouse coding complete

Case Summary

In September 1998, the San Antonio District Office of the EEOC filed this suit against James O. "Skip" Baker (d/b/a Baker Investment Company and Mr. Gatti's Pizza) in the U.S. District Court for the Southern District of Texas. The complaint alleged that the defendant violated Title VII of the Civil Rights Act of 1964 by subjecting the charging party and at least one other female employee to a sexually hostile work environment and by terminating the charging party after she refused the sexual a…

In September 1998, the San Antonio District Office of the EEOC filed this suit against James O. "Skip" Baker (d/b/a Baker Investment Company and Mr. Gatti's Pizza) in the U.S. District Court for the Southern District of Texas. The complaint alleged that the defendant violated Title VII of the Civil Rights Act of 1964 by subjecting the charging party and at least one other female employee to a sexually hostile work environment and by terminating the charging party after she refused the sexual advances of her manager. In addition, the defendant's conduct also resulted in the constructive discharge of at least one other female employee. After some discovery, the parties settled in December 1998 through a consent decree.

Under the terms of the one-year decree, the defendant agreed to: give the charging party a neutral reference, expunge her personnel file of all references of the discrimination charge, and post a notice of Title VII rights. In addition, the decree contained non-discrimination and non-retaliation clauses and required the defendant to pay $2,500, to be distributed between two individuals.

Summary Authors

Michele Marxkors (6/8/2007)

Documents in the Clearinghouse

Document

2:98-cv-00422

Docket

Dec. 16, 1998

Dec. 16, 1998

Docket
1

2:98-cv-00422

Complaint

EEOC v. Mr. Gatti's Inc

Sept. 28, 1998

Sept. 28, 1998

Complaint
15

2:98-cv-00422

Consent Decree

Dec. 21, 1998

Dec. 21, 1998

Settlement Agreement

Resources

Docket

Last updated April 15, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; (mserpa) (Entered: 09/30/1998)

Sept. 28, 1998

Sept. 28, 1998

2

ORDER FOR CONFERENCE AND DISCLOSURE OF INTERESTED PARTIES set initial pretrial and scheduling conference for 1:15 11/20/98 before Judge Janis Graham Jack , entered; Parties notified. () (mserpa) (Entered: 09/30/1998)

Sept. 28, 1998

Sept. 28, 1998

3

Certificate of Disclosures of Interested Parties by EEOC , filed (fmremp) (Entered: 11/13/1998)

Nov. 9, 1998

Nov. 9, 1998

4

JOINT DISCOVERY/Case Management Plan by EEOC , filed. (fmremp) (Entered: 11/13/1998)

Nov. 9, 1998

Nov. 9, 1998

5

ORDER striking [3-1] notice , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (mserpa) (Entered: 11/17/1998)

Nov. 16, 1998

Nov. 16, 1998

6

ORDER striking [4-1] discovery , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (mserpa) (Entered: 11/17/1998)

Nov. 16, 1998

Nov. 16, 1998

8

ORDER denying [7-1] motion to continue date for the initial pretrial and scheduling conference , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (fmremp) (Entered: 11/19/1998)

Nov. 17, 1998

Nov. 17, 1998

7

MOTION to continue date for the initial pretrial and scheduling conference by EEOC Linda Gutierrez for plaintiff EEOC, Motion Docket Date 12/8/98 [7-1] motion , filed. (fmremp) (Entered: 11/18/1998)

Nov. 18, 1998

Nov. 18, 1998

9

ORDER reset scheduling conference for 1:15 12/17/98 before Judge Janis Graham Jack , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (fmremp) (Entered: 11/23/1998)

Nov. 20, 1998

Nov. 20, 1998

10

Scheduling conference before Judge Janis Graham Jack held before Judge Janis Graham Jack Ct Reporter: Velma Gano Tape Number: 3. Case called. Appearances made. Discussion of service upon dft. Dfts. appear pro se. Court allows dft. 30 days to retain counsel. Court resets proceeding for 12/17/98. Court orders dft. to supply retained counsel with proposed scheduling order and complaint. Adjourn. (fmremp) (Entered: 11/24/1998)

Nov. 20, 1998

Nov. 20, 1998

11

Unopposed MOTION to amend [1-1] complaint by EEOC, Motion Docket Date [11-1] motion , filed. (mserpa) (Entered: 12/14/1998)

Dec. 9, 1998

Dec. 9, 1998

12

ORDER granting [11-1] motion to amend [1-1] complaint , entered; Court enters order to amend caption of case to EEOC vs. James O. "Skip" Baker, d/b/a Baker Investment Company and Mr. Gatti's Pizza. Parties notified. ( signed by Judge Janis Graham Jack ) (fmremp) (Entered: 12/16/1998)

Dec. 14, 1998

Dec. 14, 1998

13

JOINT MOTION to enter consent decree by EEOC, James O "Skip" Baker , filed (fmremp) (Entered: 12/16/1998)

Dec. 16, 1998

Dec. 16, 1998

14

WAIVER OF SERVICE Returned Executed as to James O "Skip" Baker 12/7/98 Answer due on 2/5/99 for James O "Skip" Baker , filed. (fmremp) (Entered: 12/16/1998)

Dec. 16, 1998

Dec. 16, 1998

15

CONSENT DECREE, entered; Parties notified ( signed by Judge Janis Graham Jack ) (fmremp) (Entered: 12/21/1998)

Dec. 16, 1998

Dec. 16, 1998

16

FINAL JUDGMENT/ORDER ENTERING CONSENT DECREE, entered. Parties ntfd. ( signed by Judge Janis Graham Jack ) (fmremp) (Entered: 12/21/1998)

Dec. 16, 1998

Dec. 16, 1998

Case closed (fmremp) (Entered: 12/21/1998)

Dec. 16, 1998

Dec. 16, 1998

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 28, 1998

Closing Date: Dec. 16, 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

James O. "Skip" Baker (Portland, TX), 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: 2500

Order Duration: 1998 - 1999

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Reporting

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits