Case: EEOC v. TRAC-WORK, INC.

2:04-cv-01981 | U.S. District Court for the Western District of Louisiana

Filed Date: Sept. 28, 2004

Closed Date: Aug. 9, 2007

Clearinghouse coding complete

Case Summary

The EEOC's New Orleans district office sued Trac-Work, Inc. on September 28, 2004 in the U.S. District Court for the Western District of Louisiana. The EEOC's complaint alleged that the defendant violated Title VII when it discriminated based on race (African American) by creating a hostile work environment resulting in the constructive discharge of the intervenor, who intervened in December 2004. The parties entered into a consent decree on August 9, 2005, which stipulated that the defendant would pay the complainant $11,000 in damages, post its EEO policy, post a poster specified in the consent decree, provide Title VII training to its managers, report complaints of discrimination to the EEOC semiannually, and allow the EEOC access to documents to ensure compliance with the consent decree.

The decree was entered in 2005 and scheduled to last 2007. No further docket entries exist, so the case is closed.

Summary Authors

Aaron Weismann (7/12/2007)

Clearinghouse (12/21/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4272163/parties/equal-employment-opportunity-commission-v-trac-work-inc/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Birr, James O. (Louisiana)

Bonaventure, Jason A (Louisiana)

Clark, Amanda G (Louisiana)

Dick, Shelly D (Louisiana)

Donohue, Alfred E (Louisiana)

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Documents in the Clearinghouse

Document

2:04-cv-01981

Docket [PACER]

EEOC v. Trac-Work Inc

Sept. 13, 2005

Sept. 13, 2005

Docket
1

04-cv-01081

Complaint

EEOC v. Trac-Work, Inc.

Sept. 23, 2004

Sept. 23, 2004

Complaint
13

04-cv-01081

Intervenor Complaint

EEOC v. Trac-Work, Inc

Dec. 20, 2004

Dec. 20, 2004

Complaint
22

04-cv-01081

Revised First Supplemental and Amended Third Party Complaint

EEOC v. Trac-Work, Inc

March 15, 2005

March 15, 2005

Complaint
30-1

2:04-cv-01981

Consent Decree

EEOC and Richard Shelton v. Trac-Work, Inc.

Aug. 9, 2005

Aug. 9, 2005

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4272163/equal-employment-opportunity-commission-v-trac-work-inc/

Last updated Feb. 15, 2024, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Trac-Work Inc with Jury Demand filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil cover sheet)(Prest, B) (Entered: 09/30/2004)

1 Civil cover sheet

View on PACER

Sept. 28, 2004

Sept. 28, 2004

RECAP
2

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Trac-Work Inc waiver sent on 10/4/2004, answer due 12/3/2004. (Whidden, C) (Entered: 10/22/2004)

Oct. 21, 2004

Oct. 21, 2004

PACER
3

ANSWER to Complaint AND THIRD PARTY COMPLAINT against Executive Risk Indemnity Inc by Trac-Work Inc.(Whidden, C) (Entered: 12/09/2004)

Dec. 6, 2004

Dec. 6, 2004

PACER
4

SUMMONS ISSUED as to Executive Risk Indemnity Inc. (Whidden, C) (Entered: 12/09/2004)

Dec. 6, 2004

Dec. 6, 2004

PACER
5

NOTICE of Corporate Disclosure Statement Requirement sent to Shelly D Dick on behalf of Trac-Work Inc. (Whidden, C) (Entered: 12/09/2004)

Dec. 9, 2004

Dec. 9, 2004

PACER
6

SUMMONS Returned Executed by Trac-Work Inc. Executive Risk Indemnity Inc served on 12/9/2004, answer due 12/29/2004. (Leleux, M) (Entered: 12/13/2004)

Dec. 13, 2004

Dec. 13, 2004

PACER
7

CORPORATE DISCLOSURE by Trac-Work Inc. (Leleux, M) (Entered: 12/16/2004)

Dec. 16, 2004

Dec. 16, 2004

PACER
8

NOTICE of Deficiency to Melanie S Smith on behalf of Richard Shelton re: Proposed Order and Intervention submitted on December 20, 2004. Reason: needs motion for leave and needs to be signed by an attorney admitted to practice before this court. (Whidden, C) (Entered: 12/20/2004)

Dec. 20, 2004

Dec. 20, 2004

PACER
12

ORDER granting 11 Motion to Intervene. Signed by Judge Patricia Minaldi on 12/20/04. (Whidden, C) (Entered: 12/27/2004)

Dec. 20, 2004

Dec. 20, 2004

PACER
9

NOTICE attaching COPY of deficient document re 8 Notice of Deficiency. (Attachments: # 1 Copy of Deficient Document)(Whidden, C) (Entered: 12/20/2004)

1 Copy of Deficient Document

View on PACER

Dec. 20, 2004

Dec. 20, 2004

PACER
13

INTERVENOR COMPLAINT against Trac-Work Inc, filed by Richard Shelton.(Whidden, C) (Entered: 12/27/2004)

Dec. 20, 2004

Dec. 20, 2004

PACER
10

DEFICIENT PLEADING submitted by: Richard Shelton. Name of Pleading: Order and Intervention. Reason for deficiency: needs proposed order and not signed by an attorney admitted to practice before this court. (Counsel resubmitted this pleading in its entirety.) (Whidden, C) (Entered: 12/27/2004)

Dec. 20, 2004

Dec. 20, 2004

PACER
11

MOTION to Intervene by Richard Shelton. (Attachments: # 1 Proposed Order# 2 Proposed Intervention)(Whidden, C) (Entered: 12/27/2004)

1 Proposed Order

View on PACER

2 Proposed Intervention

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Dec. 21, 2004

Dec. 21, 2004

PACER
14

ANSWER to Third Party Complaint by Executive Risk Indemnity Inc. (Attachments: # 1 Exhibits)(Berry, D) (Entered: 01/22/2005)

1 Exhibits

View on PACER

Jan. 21, 2005

Jan. 21, 2005

PACER
15

MOTION to Amend the 3 Third Party Complaint with opposition by Trac-Work Inc. (Attachments: # 1 Local Rule 7.6W Certificate# 2 Proposed Order# 3 Proposed Supplemental and Amended Third Party Complaint)(Whidden, C) (Entered: 02/17/2005)

1 Local Rule 7.6W Certificate

View on PACER

2 Proposed Order

View on PACER

3 Proposed Supplemental and Amended Third Party Complaint

View on PACER

Feb. 17, 2005

Feb. 17, 2005

PACER
16

NOTICE of Motion Setting without oral argument regarding 15 MOTION to Amend the 3 Third Party Complaint with opposition. Motion day set for 4/12/2005 before Honorable Alonzo P Wilson. (Whidden, C) (Entered: 02/17/2005)

Feb. 17, 2005

Feb. 17, 2005

PACER
17

ANSWER to Intervenor Complaint by Trac-Work Inc.(Whidden, C) (Entered: 02/23/2005)

Feb. 18, 2005

Feb. 18, 2005

PACER
18

MINUTES for proceedings held before Judge Alonzo P Wilson : TELEPHONE CONFERENCE held on 2/24/2005. Argument was heard in connection with the pending motion for leave to file an amended 3rd party complaint. (Doc. 15). The opposition is based on the contention that The Chubb Corporation is not a legal entity, and is not an insurer on any policy. Counsel was cautioned that the court would consider awarding sanctions under rule 11 if it appeared that the requirements of rule 11(b) were not satisfied. Counsel for mover indicated that The Chubb Corporation would be deleted from the proposed amendment if the other insurers were willing to stipulate that notice to one would be considered notice to the other. Counsel for the insurers indicated that he would consult his clients and advise if such a stipulation was agreeable within one week. In any, event counsel for mover is to notify the court of the status of these discussions within one week. (Wilson, Alonzo) (Entered: 02/24/2005)

Feb. 24, 2005

Feb. 24, 2005

PACER
19

ORDER mooting 15 Motion to Amend/Correct The parties have amicably resolved their disagreement over the proposed amendment, and mover will be submitting another proposed amendment that does not include The Chubb Corporation as a defendant. Thus, the present motion is moot. Lest the minute entry of 2/24/05 be misconstrued the court does not accuse and has not accused counsel of failing to comply with their obligations under rule 11. In fact, the court assumes that counsel has complied with those obligations, and any suggestion otherwise was unintended. . Signed by Judge Alonzo P Wilson on 03/02/05. (Wilson, Alonzo) (Entered: 03/02/2005)

March 2, 2005

March 2, 2005

PACER
20

UNOPPOSED MOTION for Leave to File Revised First Supplemental and Amended Third Party Complaint for Declaratory Relief and MOTION to Withdraw 15 Motion to Amend Third Party Complaint by Trac-Work Inc. (Attachments: # 1 Proposed Order# 2 Proposed Revised First Supplemental and Amended Third Party Complaint)(Whidden, C) Additional attachment(s) added on 3/10/2005 (Whidden, C). (Entered: 03/10/2005)

1 Proposed Order

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2 Proposed Revised First Supplemental and Amended Third Party Complaint

View on PACER

3 Proposed Summonses

View on PACER

March 9, 2005

March 9, 2005

PACER
21

ORDER granting 20 Motion for Leave to File Supplemental Third Party Complaint, terminating 20 Motion to Withdraw. Signed by Judge Alonzo P Wilson on 3/15/05. (Whidden, C) (Entered: 03/17/2005)

March 15, 2005

March 15, 2005

PACER
22

REVISED FIRST SUPPLEMENTAL AND AMENDED THIRD PARTY COMPLAINT against Federal Insurance Co and Executive Risk Indemnity Inc, filed by Trac-Work Inc.(Whidden, C) (Entered: 03/17/2005)

March 15, 2005

March 15, 2005

PACER
23

SUMMONS ISSUED as to Federal Insurance Co and Executive Risk Indemnity Inc. (Whidden, C) (Entered: 03/17/2005)

March 17, 2005

March 17, 2005

PACER
24

ANSWER to Revised First Supplemental and Amended Third Party Complaint for Declaratory Relief by Federal Insurance Co and Executive Risk Indemnity Inc.(crt,Whidden, C) (Entered: 04/01/2005)

March 30, 2005

March 30, 2005

PACER
25

MOTION for Attorney Fees and MOTION to Compel by Trac-Work Inc. (Attachments: # 1 Memorandum in Support# 2 Exhibits # 3 Certificate regarding efforts to resolve (LR 37.1) # 4 Proposed Order)(crt,Whidden, C) (Entered: 05/27/2005)

1 Memorandum in Support

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2 Exhibits

View on PACER

3 Certificate regarding efforts to resolve (LR 37.1)

View on PACER

4 Proposed Order

View on PACER

May 26, 2005

May 26, 2005

PACER
26

NOTICE of Motion Setting without oral argument regarding 25 MOTION for Attorney Fees and MOTION to Compel. Motion day set for 7/12/2005 before Honorable Alonzo P Wilson. (crt,Williams, L) (Entered: 05/27/2005)

May 27, 2005

May 27, 2005

PACER
27

ORDER: Telephone Scheduling Conference set for 7/21/2005 09:15 AM before Honorable Alonzo P Wilson. Signed by Judge Alonzo P Wilson on June 7, 2005. (Attachments: # 1 Attachments to scheduling order)(crt,Benoit, T) (Entered: 06/07/2005)

1 Attachments to scheduling order

View on PACER

June 7, 2005

June 7, 2005

PACER
28

60 DAY JUDGMENT OF DISMISSAL. Signed by Judge Patricia Minaldi on July 25, 2005. (crt,Benoit, T) (Entered: 07/26/2005)

July 26, 2005

July 26, 2005

PACER
29

MOTION to Dismiss, MOTION to Approve and Enter Consent Decree by Equal Employment Opportunity Commission, Richard Shelton, Trac-Work Inc. (Attachments: # 1 Proposed Consent Decree)(crt,Whidden, C) (Entered: 07/29/2005)

1 Proposed Consent Decree

View on PACER

July 29, 2005

July 29, 2005

PACER
30

CONSENT DECREE granting 29 Motion to Dismiss and granting 29 Motion to Approve and Enter Consent Decree. Signed by Judge Patricia Minaldi on 8/08/05. (crt,Meuleman, Angella) (Entered: 08/10/2005)

1 Searchable Copy of Opinion

View on Clearinghouse

Aug. 9, 2005

Aug. 9, 2005

RECAP
31

MOTION to Dismiss Third Party Defendants, Federal Insurance Company and Executive Risk Indemnity Inc; by Trac-Work Inc. (Attachments: # 1 Proposed Order)(crt,Meuleman, Angella) (Entered: 09/09/2005)

1 Proposed Order

View on PACER

Sept. 8, 2005

Sept. 8, 2005

PACER
32

ORDER granting 31 Motion to Dismiss Third Party Complaint against Federal Insurance Co and Executive Risk Indemnity Inc. Signed by Judge Patricia Minaldi on 9/14/05. (crt,Whidden, C) (Entered: 09/15/2005)

Sept. 13, 2005

Sept. 13, 2005

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 28, 2004

Closing Date: Aug. 9, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Executive Risk Indemnity, Inc., Private Entity/Person

Trac-Work, Inc., Private Entity/Person

Trac-Work, Inc. (Lake Charles, LA), Private Entity/Person

Federal Insurance Co,, 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: 11000

Order Duration: 2005 - 2007

Content of Injunction:

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit