Case: EEOC v. HARBISON-WALKER REFRACTORIES

4:02-cv-00640 | U.S. District Court for the Southern District of Texas

Filed Date: Feb. 21, 2002

Closed Date: June 27, 2003

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Case Summary

The EEOC Houston office filed this suit in U.S. District Court for the Southern District of Texas, Houston Division on February 21, 2002 against Harbison-Walker Refractories. Although the complaint was not available, it appears from the consent decree that the EEOC alleged age discrimination in violation of ADEA. Defendant did not submit its answer until over 3 months after it was due, at which time the EEOC had filed for a default judgment. After defendant answered, the parties notified the court that they felt a settlement was possible. Three months after notifying the court of the potential settlement, a consent decree was proposed and subsequently entered on June 27, 2003.

Under the consent decree the defendant agreed to pay the complainant $35,000 and ensure that its employees received proper anti-discrimination training in the future. In exchange, the EEOC agreed to release the claim it had filed in bankruptcy court against the defendant.

Summary Authors

Jason Chester (7/24/2007)

Documents in the Clearinghouse

Document

4:02-cv-00640

Docket

EEOC v. Harbison-Walker Refractories

June 27, 2003

June 27, 2003

Docket
20

4:02-cv-00640

Consent Decree

EEOC v. Harbison-Walker Refractories

June 27, 2003

June 27, 2003

Settlement Agreement

Resources

Docket

Last updated March 27, 2024, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT by Equal Employment filed; (bchurchill) (Entered: 02/22/2002)

Feb. 21, 2002

Feb. 21, 2002

2

Order setting Initial Pretrial and Scheduling Conference on 8:45 6/28/02 before Judge Lee H. Rosenthal and Order to Disclose Interested Persons, filed. Parties notified. (bchurchill) (Entered: 02/22/2002)

Feb. 21, 2002

Feb. 21, 2002

3

ORDER that Pltf effect service w/in 30 days from the date this order is entered; failure to do so may lead to dismissal of this action without prejudice, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (fmremp) (Entered: 05/23/2002)

May 22, 2002

May 22, 2002

4

RETURN OF SERVICE executed as to Harbison-Walker Refr 3/1/02 filed. Answer due on 3/21/02 for Harbison-Walker Refr (sguevara) (Entered: 05/28/2002)

May 24, 2002

May 24, 2002

5

ORDER OF PENDING DISMISSAL, entered. The appropriate motions must be filed within 20 days of the date this order is entered. Parties notified. ( signed by Judge Lee H. Rosenthal ) (amaly) (Entered: 06/04/2002)

June 4, 2002

June 4, 2002

6

REQUEST by Equal Employment for Entry of Default , filed. (hlerma) (Entered: 06/25/2002)

June 21, 2002

June 21, 2002

7

MOTION for default judgment against Harbison-Walker Refr by Equal Employment , Motion Docket Date 7/11/02 [7-1] motion , filed. (hlerma) (Entered: 06/25/2002)

June 21, 2002

June 21, 2002

8

ORDER; the initial pretrial and scheduling conference set for 6/28/02 is cancelled due to pltf's filing of a motion for default; terminated deadlines , entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (sguevara) (Entered: 06/28/2002)

June 27, 2002

June 27, 2002

10

RESPONSE by Harbison-Walker Refr to Pltf's [7-1] request for entry of default judgment against Harbison-Walker Refr, filed. (fmremp) (Entered: 07/05/2002)

July 2, 2002

July 2, 2002

9

ANSWER to pltf's Original Complaint and Defenses by Harbison-Walker Refr (Added attorney Victor Navasca Corpuz), filed.; jury demand (kprice) (Entered: 07/04/2002)

July 3, 2002

July 3, 2002

11

ORDER denying pltf's [7-1] motion for default judgment against Harbison-Walker Refr; an initial pre-trial and scheduling conference is set for 8:45 am on 8/30/02 before Judge Lee H. Rosenthal , entered; counsel shall file the joint discovery/case management plac by 8/16/02. Parties notified. ( signed by Judge Lee H. Rosenthal ) (sguevara) Modified on 07/16/2002 (Entered: 07/11/2002)

July 11, 2002

July 11, 2002

Deadline updated per order #11; parties shall file their joint discovery/case management plan by 8/16/02 (ltien) (Entered: 07/16/2002)

July 11, 2002

July 11, 2002

12

JOINT DISCOVERY/Case Management Plan by Equal Employment, Harbison-Walker Refr , filed. (hlerma) (Entered: 08/16/2002)

Aug. 16, 2002

Aug. 16, 2002

13

CERTIFICATE OF INTERESTED PARTIES by Equal Employment , filed. (sguevara) (Entered: 08/27/2002)

Aug. 27, 2002

Aug. 27, 2002

14

ORDER ; The court has entered the scheduling and docket control order to control this case. The initial pretrial conference set for 8/30/02 is CANCELED ; terminated deadlines , entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (kprice) Modified on 09/02/2002 (Entered: 08/28/2002)

Aug. 27, 2002

Aug. 27, 2002

16

CERTIFICATE OF INTERESTED PARTIES by Harbison-Walker Refr , filed. (sfedele) (Entered: 08/29/2002)

Aug. 29, 2002

Aug. 29, 2002

17

JOINT REPORT ON ALTERNATIVE DISPUTE RESOLUTION by Plaintiff and Defendant, filed. Plaintiff believes that parties will be able to reach an agreement w/o incurring the cost of mediation. Defendant is willing to consider mediation or settlement discussions. Both parites ask that discovery be postponed and move for a continuance to avoid unnecessary litigation expenses. (mhorn) (Entered: 03/31/2003)

March 14, 2003

March 14, 2003

18

ORDER OF DISMISSAL on the merits without prejudice, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (sguevara) (Entered: 05/27/2003)

May 26, 2003

May 26, 2003

Case closed (sguevara) (Entered: 05/27/2003)

May 26, 2003

May 26, 2003

19

JOINT MOTION to approve and enter consent decree in resolution of a suit by Equal Employment, Harbison-Walker Refr , filed (sguevara) (Entered: 06/26/2003)

June 24, 2003

June 24, 2003

20

ORDER granting [19-1] joint motion to approve and enter consent decree in resolution of a suit , entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (sguevara) (Entered: 07/01/2003)

June 27, 2003

June 27, 2003

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Feb. 21, 2002

Closing Date: June 27, 2003

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

Harbison-Walker Refractories, Private Entity/Person

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Available Documents:

Trial Court Docket

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: 35000

Order Duration: 2003 - 2006

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Issues

Discrimination-area:

Disparate Treatment

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits