Case: EEOC v. LYONDELL-CITGO

4:06-cv-02738 | U.S. District Court for the Southern District of Texas

Filed Date: Aug. 24, 2006

Closed Date: April 9, 2008

Clearinghouse coding complete

Case Summary

The Houston district office of the EEOC brought this suit against Lyondell-Citgo Refining, LP (LCR), in August 2006 in the U.S. District Court for the Southern District of Texas. The complaint alleged that LCR had refused to hire a male complainant due to his record of disability and because they regarded him as disabled. LCR filed a motion for summary judgment in January 2008 and the EEOC filed a motion for partial summary judgment later that month. In April 2008, the EEOC's motion was denied and summary judgment was granted to LCR, ending the suit.

Summary Authors

Shankar Viswanathan (6/3/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5517174/parties/equal-employment-opportunity-commission-v-lyondell-citgo-refining-lp/


Judge(s)

Stacy, Frances H. (Texas)

Judge(s)

Stacy, Frances H. (Texas)

show all people

Documents in the Clearinghouse

Document

4:06-cv-02738

Docket (PACER)

Equal Employment Opportunity Commission v. Lyondell-Citgo Refining, LP

April 9, 2008

April 9, 2008

Docket
1-1

4:06-cv-02738

Complaint

EEOC v. Lyondell-Citgo Refining, LP

Aug. 24, 2006

Aug. 24, 2006

Complaint
38

4:06-cv-02738

Memorandum and Order

EEOC v. Lyondell-Citgo Refining, LP

April 9, 2008

April 9, 2008

Order/Opinion
39

4:06-cv-02738

Final Judgment

EEOC v. Lyondell-Citgo Refining, LP

April 9, 2008

April 9, 2008

Order/Opinion

2008 WL 2008

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5517174/equal-employment-opportunity-commission-v-lyondell-citgo-refining-lp/

Last updated April 10, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Lyondell-Citgo Refining, LP (Filing fee $ 350) filed by Equal Employment Opportunity Commission.(smurdock, ) Additional attachment(s) added on 8/24/2006 (hlerma, ). (Entered: 08/24/2006)

Aug. 24, 2006

Aug. 24, 2006

Summons Issued as to Lyondell-Citgo Refining, LP , filed.(smurdock, ) (Entered: 08/24/2006)

Aug. 24, 2006

Aug. 24, 2006

2

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/29/2006 at 03:00 PM in Room 11521 before Judge Ewing Werlein, Jr. ( Signed by Judge Ewing Werlein, Jr ) Parties notified. (smurdock, ) (Entered: 08/24/2006)

Aug. 24, 2006

Aug. 24, 2006

Fee waived re: 1 Complaint , filed. (agould, ) (Entered: 08/28/2006)

Aug. 28, 2006

Aug. 28, 2006

3

CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opportunity Commission, filed.(McFerren, Aimee) (Entered: 09/06/2006)

Sept. 6, 2006

Sept. 6, 2006

4

ANSWER to Complaint by Lyondell-Citgo Refining, LP, filed.(ledwards, ) (Entered: 09/20/2006)

Sept. 19, 2006

Sept. 19, 2006

5

SUMMONS Returned Executed. Lyondell-Citgo Refining, LP served on 8/31/2006, answer due 9/20/2006, filed.(sbyrum, ) (Entered: 10/02/2006)

Sept. 29, 2006

Sept. 29, 2006

6

JOINT DISCOVERY/CASE MANAGEMENT PLAN by Lyondell-Citgo Refining, LP, filed.(Miscovich, Jennifer) (Entered: 12/19/2006)

Dec. 19, 2006

Dec. 19, 2006

8

DOCKET CONTROL ORDER: Deft Expert Witness List due by 7/16/2007; Discovery due by 11/30/2007; Dispositive Motion Filing due by 1/11/2008; Joinder of Parties due by 5/18/2007; Joint Pretrial Order due by 4/15/2008; Non-Dispositive Motion Filing due by 1/11/2008; Pltf Expert Witness List due by 5/31/2007; Docket Call set for 5/2/2008 at 04:00 PM in Fifth Circuit Courtroom 11-D before Judge Ewing Werlein, Jr.( Signed by Judge Ewing Werlein, Jr ) Parties notified.(jhancock) (Entered: 01/02/2007)

Dec. 29, 2006

Dec. 29, 2006

9

MINUTE ENTRY ORDER: Initial Pretrial Conference held. Appearances: Aimee Lynn McFerren, Jennifer Lynn Miscovich. Docket control order entered. The parties will complete all discovery required for purposes of ADR, including mediation, within 90 days and no later than 3/29/07 will advise the Court of a mediator they jointly agree that this case can be referred for mediation.( Signed by Judge Ewing Werlein, Jr ) Parties notified.(jhancock) (Entered: 01/02/2007)

Jan. 2, 2007

Jan. 2, 2007

10

STATUS REPORT by Lyondell-Citgo Refining, LP, filed.(Miscovich, Jennifer) (Entered: 03/28/2007)

March 28, 2007

March 28, 2007

***Party Nancy L Huston added. (jhancock) (Entered: 04/04/2007)

April 4, 2007

April 4, 2007

11

MEDIATION ORDER.( Signed by Judge Ewing Werlein, Jr ) Parties notified.(jhancock) (Entered: 04/04/2007)

April 4, 2007

April 4, 2007

12

Alternative Dispute Resolution STATUS REPORT by Equal Employment Opportunity Commission. Have parties agreed to mediate? yes. Mediation will occur July 2007. Name of mediator: Nancy Huston, filed. (Attachments: # 1 Exhibit A# 2 Exhibit B)(McFerren, Aimee) (Entered: 06/05/2007)

June 5, 2007

June 5, 2007

13

ORDER Status Conference set for 6/20/2007 at 09:00 AM in Courtroom 704 before Magistrate Judge Frances H Stacy.( Signed by Judge Frances H Stacy ) Parties notified.(bwhite, ) (Entered: 06/12/2007)

June 12, 2007

June 12, 2007

14

Alternative Dispute Resolution STATUS REPORT by Equal Employment Opportunity Commission. Have parties agreed to mediate? yes. Mediation will occur July 9, 2007. Name of mediator: Nancy Huston, filed.(McFerren, Aimee) (Entered: 06/15/2007)

June 15, 2007

June 15, 2007

15

CLERKS NOTICE, to cancel Status Conference set for 6/20/07 @ 9:00 am. Parties notified., filed. (bwhite, ) (Entered: 06/19/2007)

June 19, 2007

June 19, 2007

***Deadlines terminated. (bwhite, ) (Entered: 06/19/2007)

June 19, 2007

June 19, 2007

26

NOTICE of attorney substitution by Equal Employment Opportunity Commission. Attorney Aimee Lynn McFerren terminated, filed. (esmith, ) (Entered: 01/28/2008)

July 11, 2007

July 11, 2007

16

STATUS REPORT by Lyondell-Citgo Refining, LP, filed.(Miscovich, Jennifer) (Entered: 07/12/2007)

July 12, 2007

July 12, 2007

17

MOTION for Summary Judgment by Lyondell-Citgo Refining, LP, filed. Motion Docket Date 1/31/2008. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Proposed Order)(Johnson, Ethel) (Entered: 01/11/2008)

Jan. 11, 2008

Jan. 11, 2008

18

(STRICKEN PER DOC. 21) MOTION for Partial Summary Judgment by Equal Employment Opportunity Commission, filed. Motion Docket Date 2/1/2008. (Wilhite, Connie) Modified on 1/15/2008 (jhancock). (Entered: 01/12/2008)

Jan. 12, 2008

Jan. 12, 2008

19

(STRICKEN PER DOC. 21) Exhibits to MOTION for Partial Summary Judgment by Equal Employment Opportunity Commission, filed. Motion Docket Date 2/1/2008. (Attachments: # 1 Exhibit A: Defendant's Answers to Interrogatories# 2 Exhibit B: Defendant's Responses to Requests for Production# 3 Exhibit C: Documents C-1 to C-6# 4 Exhibit C: Documents C-7 to C-15# 5 Exhibit D: Steve Aleman Deposition Excerpts# 6 Exhibit E: Laurie Repnak Deposition Excerpts# 7 Exhibit F: Nancy McConville Deposition Excerpts# 8 Exhibit G: Martha Armstrong Deposition Excerpts# 9 Exhibit H: George Hancock Deposition Excerpts# 10 Exhibit I: Dan Hennington Deposition Excerpts)(Wilhite, Connie) Modified on 1/15/2008 (jhancock). (Entered: 01/12/2008)

Jan. 12, 2008

Jan. 12, 2008

20

PROPOSED ORDER re: 19 MOTION for Partial Summary Judgment, 18 MOTION for Partial Summary Judgment, filed.(Wilhite, Connie) (Entered: 01/12/2008)

Jan. 12, 2008

Jan. 12, 2008

21

ORDER Striking Document re: 18 MOTION for Partial Summary Judgment, 19 Exhibits to Motion for Partial Summary Judgment.( Signed by Judge Ewing Werlein, Jr ) Parties notified.(jhancock) (Entered: 01/15/2008)

Jan. 15, 2008

Jan. 15, 2008

22

MOTION for Extension of Time To File Motion for Summary Judgment by Equal Employment Opportunity Commission, filed. Motion Docket Date 2/4/2008. (Attachments: # 1 Exhibit A: Email Confirmation of MSJ Filing# 2 Exhibit B: Email Confirmation of MSJ Exhibits Filing# 3 Exhibit C: Email Confirmation of MSJ Order Filing# 4 Exhibit D: Affidavit of Connie K. Wilhite)(Wilhite, Connie) (Entered: 01/15/2008)

Jan. 15, 2008

Jan. 15, 2008

23

EXHIBITS re: 22 MOTION for Extension of Time To File Motion for Summary Judgment by Equal Employment Opportunity Commission, filed. (Attachments: # 1 Exhibit A: Defendant's Answers to Interrogatories# 2 Exhibit Defendant's Responses to RFP's# 3 Exhibit C: Documents C-1 to C-6# 4 Exhibit D: Documents C-7 to C-15# 5 Exhibit Excerpts from Steve Aleman Deposition# 6 Exhibit E: Excerpts from Laurie Repnak Deposition# 7 Exhibit F: Excerpts from Nancy McConville Deposition# 8 Exhibit G: Excerpts from Martha Armstrong Deposition# 9 Exhibit H: Excerpts from George Hancock Deposition# 10 Exhibit I: Excerpts from Dan Hennington Deposition# 11 Proposed Order Granting MSJ)(Wilhite, Connie) (Entered: 01/15/2008)

Jan. 15, 2008

Jan. 15, 2008

24

RESPONSE to 22 MOTION for Extension of Time To File Motion for Summary Judgment Out of Time , filed by Lyondell-Citgo Refining, LP. (Johnson, Ethel) (Entered: 01/24/2008)

Jan. 24, 2008

Jan. 24, 2008

25

REPLY in Support of 22 MOTION for Extension of Time To File Motion for Summary Judgment, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit A: Declaration of Connie Wilhite)(Wilhite, Connie) (Entered: 01/25/2008)

Jan. 25, 2008

Jan. 25, 2008

28

MOTION for Partial Summary Judgment as to Liability and Defendant's Affirmative Defenses by Equal Employment Opportunity Commission, filed. Motion Docket Date 2/19/2008. This is a duplicate of 18 and was re-filed as of this date per Order #27.(ltien, ) (Entered: 01/29/2008)

Jan. 28, 2008

Jan. 28, 2008

29

EXHIBITS re: 28 MOTION for Partial Summary Judgment as to Liability and Defendant's Affirmative Defenses by Equal Employment Opportunity Commission, filed. (Attachments: # 1 Exhibit A: Defendant's Answer to Interrogatories# 2 Exhibit B: Defendant's Responses to Requests for Production# 3 Exhibit C: Documents C-1 to C-6# 4 Exhibit C: Documents C-7 to C-15# 5 Exhibit D: Steve Aleman Deposition Excerpts# 6 Exhibit E: Laurie Repnak Deposition Excerpts# 7 Exhibit F: Nancy McConville Deposition Excerpts# 8 Exhibit G: Martha Armstrong Deposition Excerpts# 9 Exhibit H: George Hancock Deposition Excerpts# 10 Exhibit I: Dan Hennington Deposition Excerpts) This is a duplicate of 19 and was re-filed as of this date per Order #27.(ltien, ) (Entered: 01/29/2008)

Jan. 28, 2008

Jan. 28, 2008

30

PROPOSED ORDER re: 28 MOTION for Partial Summary Judgment as to Liability and Defendant's Affirmative Defenses, 29 Exhibits,, filed. This is a duplicate of 20 and was re-filed as of this date per Order #27.(ltien, ) (Entered: 01/29/2008)

Jan. 28, 2008

Jan. 28, 2008

31

RESPONSE in Opposition to 17 MOTION for Summary Judgment, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit C: Documents# 2 Exhibit C, Pt. 2# 3 Exhibit D: Aleman Deposition# 4 Exhibit E: Repnak Deposition# 5 Exhibit F: McConville Deposition# 6 Exhibit G: Armstrong Deposition# 7 Exhibit H: Hancock Deposition# 8 Exhibit I: Hennington Deposition# 9 Exhibit J: M. Aleman Deposition# 10 Proposed Order)(Wilhite, Connie) (Entered: 01/31/2008)

Jan. 31, 2008

Jan. 31, 2008

32

RESPONSE in Opposition to 28 MOTION for Partial Summary Judgment as to Liability and Defendant's Affirmative Defenses, filed by Lyondell-Citgo Refining, LP. (Ivey, Robert) (Entered: 02/19/2008)

Feb. 19, 2008

Feb. 19, 2008

33

REPLY to Response to 17 MOTION for Summary Judgment, filed by Lyondell-Citgo Refining, LP. (Ivey, Robert) Linked to #17 on 2/28/2008 (ltien, ). (Entered: 02/20/2008)

Feb. 20, 2008

Feb. 20, 2008

34

REPLY to Response to 28 MOTION for Partial Summary Judgment and SUR-REPLY to Reply to Response to 17 MOTION for Summary Judgment, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Supplement Tables of Contents & Authorities# 2 Exhibit K: Email# 3 Proposed Order Granting Leave)(Wilhite, Connie) Modified on 3/11/2008 (ltien, ). (Entered: 02/28/2008)

Feb. 28, 2008

Feb. 28, 2008

35

EXHIBITS re: 34 Reply in Support of Motion, by Equal Employment Opportunity Commission, filed.(Wilhite, Connie) (Entered: 02/29/2008)

Feb. 29, 2008

Feb. 29, 2008

36

OBJECTIONS to 34 SUR-REPLY to Reply to Response to 17 MOTION for Summary Judgment, filed by Lyondell-Citgo Refining, LP. (Ivey, Robert) Linked to #17 on 3/20/2008 (ltien, ). (Entered: 03/18/2008)

March 18, 2008

March 18, 2008

37

RESPONSE to 36 Objections to 34 Sur-Reply to Reply to Reponse to 17 MOTION for Summary Judgment, filed by Equal Employment Opportunity Commission. (Wilhite, Connie) Linked to #17 on 4/1/2008 (ltien, ). (Entered: 03/27/2008)

March 27, 2008

March 27, 2008

39

FINAL JUDGMENT. Case terminated on 04/09/2008.( Signed by Judge Ewing Werlein, Jr ) Parties notified.(jhancock) (Entered: 04/09/2008)

April 9, 2008

April 9, 2008

38

MEMORANDUM AND ORDER granting 17 Motion for Summary Judgment; denying 28 Motion for Partial Summary Judgment.( Signed by Judge Ewing Werlein, Jr ) Parties notified.(jhancock)

April 9, 2008

April 9, 2008

RECAP

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: Aug. 24, 2006

Closing Date: April 9, 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

Lyondell-Citgo Refining, LP (Houston, Texas), Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination-area:

Disparate Treatment

Hiring

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits