University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. MIKE ALBERT LEASING INCORPORATED EE-TX-0226
Docket / Court 4:06-cv-03062 ( S.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Houston office of the EEOC brought this suit against Mike Albert Leasing Inc., in September 2006, in the U.S. District Court for the Southern District of Texas. The complaint alleged that Mike Albert Leasing fired the complainant due to his age, in violation of the Age Discrimination in ... read more >
The Houston office of the EEOC brought this suit against Mike Albert Leasing Inc., in September 2006, in the U.S. District Court for the Southern District of Texas. The complaint alleged that Mike Albert Leasing fired the complainant due to his age, in violation of the Age Discrimination in Employment Act. After some discovery and a failed motion by the defendant for summary judgment, the parties settled the case by entry of a consent decree in February 2008.

The consent decree, which was in effect for four years, had non-discrimination and non-retaliation clauses, requiring the posting of a notice regarding discrimination, and requiring annual training for all employees, including extra training on the requirements of federal anti-discrimination law and the consequences of violation for supervisory employees. Additionally, the decree required Mike Albert Leasing to remove all documents related to the complaint or the lawsuit from the complainant's personnel file and to pay $100,000.00 in settlement of the claims. If the EEOC found Mike Albert Leasing in breach of the decree, it would give Mike Albert Leasing 30 days to remedy the non-monetary portions of the decree or 5 days to remedy the monetary portions, after which it could seek court enforcement of the decree, including possible sanctions.

After the consent decree was ordered, a Motion to Reinstate Plea in Intervention was filed and ultimately denied. There is no other activity on the docket sheet, so presumably this case closed in 2012.

Kevin Wilemon - 06/02/2008
Rachel Barr - 05/04/2018


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Expungement of Employment Record
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Age discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Age Discrimination in Employment Act (ADEA), 29 U.S.C. ยงยง 621 et seq.
Defendant(s) Mike Albert Leasing Inc.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2008 - 2012
Filing Year 2006
Case Closing Year 2012
Case Ongoing No
Docket(s)
4:06-cv-03062 (S.D. Tex.)
EE-TX-0226-9000.pdf | Detail
Date: 11/20/2009
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-TX-0226-0002.pdf | Detail
Date: 09/29/2006
Plea in Intervention [ECF# 21]
EE-TX-0226-0001.pdf | Detail
Date: 01/22/2007
Source: PACER [Public Access to Court Electronic Records]
Order (S.D. Tex.)
EE-TX-0226-0003.pdf | Detail
Date: 08/08/2007
Order [re: Summary Judgment] (S.D. Tex.)
EE-TX-0226-0004.pdf | Detail
Date: 12/03/2007
Order of Dismissal (S.D. Tex.)
EE-TX-0226-0005.pdf | Detail
Date: 12/06/2007
Consent Decree [ECF# 59-2]
EE-TX-0226-0006.pdf | Detail
Date: 02/21/2008
Plaintiff's Lawyers Beller, Michael Carl (Texas)
EE-TX-0226-9000
Gatlin, Connie Wilhite (Texas)
EE-TX-0226-9000
McCormick, Andrew Phelps (Texas)
EE-TX-0226-9000
McFerren, Aimee Lynn (Texas)
EE-TX-0226-9000
Defendant's Lawyers Smith, Patrick Nichols (Texas)
EE-TX-0226-9000
Stepaniak, Mark J (Ohio)
EE-TX-0226-9000

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