Case: EEOC v. Livings Centers of Texas, Inc.

3:04-cv-02121 | U.S. District Court for the Northern District of Texas

Filed Date: Sept. 30, 2004

Closed Date: Aug. 5, 2005

Clearinghouse coding complete

Case Summary

In September 2004, the Dallas district office of the EEOC brought this Title VII suit against Livings Centers of Texas, Inc. d/b/a Mariner Health Downtown et al. in the U.S. District Court for the Northern District of Texas. The complaint alleged that the defendant discriminated against the claimant by discharging the claimant because of her pregnancy. The case settled at mediation, and the court entered a consent decree in August 2005.

The one year consent decree required the defendant to post notice, provide one hour of Title VII training for all of its employees, expunge the claimant's record, provide neutral references, give the EEOC a report on compliance, and pay the claimant $20,000 in damages and wages.

Summary Authors

Kevin Wilemon (7/30/2007)

Documents in the Clearinghouse

Document

3:04-cv-02121

Docket [PACER]

EEOC v. Living Centers of Texas, Inc.

Aug. 5, 2005

Aug. 5, 2005

Docket
1

3:04-cv-02121

Complaint

EEOC v. Mariner Health Care, Inc. d/b/a Mariner Health Downtown

Sept. 30, 2004

Sept. 30, 2004

Complaint
4

3:04-cv-02121

First Amended Complaint

EEOC v. Living Centers of Texas, Inc. d/b/a Mariner Health Downtown

Nov. 1, 2004

Nov. 1, 2004

Complaint
15

3:04-cv-02121

Consent Decree

EEOC vs. Living Centers of Texas, Inc. d/b/a Mariner Health Downtown

Aug. 5, 2005

Aug. 5, 2005

Order/Opinion

Resources

Docket

Last updated Feb. 14, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Mariner Health Care Inc , filed by Equal Employment Opportunity Commission.(kdc, ) (Entered: 10/01/2004)

Sept. 30, 2004

Sept. 30, 2004

2

CERTIFICATE OF INTERESTED PERSONS by Equal Employment Opportunity Commission. (kdc, ) (Entered: 10/01/2004)

Sept. 30, 2004

Sept. 30, 2004

3

Summons Issued as to Mariner Health Care Inc. (kdc, ) (Entered: 10/01/2004)

Sept. 30, 2004

Sept. 30, 2004

***Magistrate Judge Kaplan chosen by random selection to handle matters that may be referred in this case. (cxb, ) (Entered: 10/05/2004)

Sept. 30, 2004

Sept. 30, 2004

4

FIRST AMENDED COMPLAINT against Living Centers of Texas Inc, filed by Equal Employment Opportunity Commission.(cxb, ) (Entered: 11/02/2004)

Nov. 1, 2004

Nov. 1, 2004

6

ORIGINAL ANSWER to First Amended Complaint by Living Centers of Texas Inc.(cxb, ) (Entered: 12/29/2004)

Dec. 28, 2004

Dec. 28, 2004

7

STATUS REPORT ORDER: Status Report due by 1/26/2005. [see order for specifics] (Signed by Judge A. Joe Fish on 1/5/05) (cxb, ) (Entered: 01/05/2005)

Jan. 5, 2005

Jan. 5, 2005

8

JOINT STATUS REPORT by Living Centers of Texas Inc, Equal Employment Opportunity Commission. (cxb, ) (Entered: 01/26/2005)

Jan. 25, 2005

Jan. 25, 2005

9

SCHEDULING ORDER: This case is set for trial on thie court's four-week docket beginning 9/5/06. Amended Pleadings due by 5/16/2005; Discovery due by 12/31/2005; Pretrial Conference set for 9/1/2006 09:00 AM before Judge A. Joe Fish; Joinder of Parties due by 5/16/2005; Motions due by 10/28/2005; Proposed Pretrial Order due by 8/25/2006; Pretrial Materials due by 8/25/2006. [see order for specifics] (Signed by Judge A. Joe Fish on 2/14/05) (cxb, ) (Entered: 02/15/2005)

Feb. 14, 2005

Feb. 14, 2005

10

Order Regarding Intention to Administer Case Electronically - see order for specifics. (Signed by Judge A. Joe Fish on 2/14/05) (cxb, ) (Entered: 02/15/2005)

Feb. 14, 2005

Feb. 14, 2005

11

Order Designating Case for ECF - see order for specifics. (Signed by Judge A. Joe Fish on 3/2/05) (epp, ) (Entered: 03/02/2005)

March 2, 2005

March 2, 2005

12

ORDER REFERRING CASE to ADR. Type of ADR: mediation. Maxel B (Bud) Silverberg appointed. [see order for specifics] (Signed by Judge A. Joe Fish on 6/1/05) (cxb, ) (Entered: 06/02/2005)

June 1, 2005

June 1, 2005

13

ORDER: The parties having advised the court that this case has been settled, it is ORDERED that the final judgment or order of dismissal be presented for entry by August 1, 2005. If it is not, then the case will be subject to dismissal. (Signed by Judge A. Joe Fish on 7/01/2005) (epp, ) (Entered: 07/01/2005)

July 1, 2005

July 1, 2005

14

Alternative Dispute Resolution Summary filed by Maxel B (Bud) Silverberg. Prv Fee: $150/hour/party. Disposition: Settled as a result of ADR.(cxb, ) (Entered: 07/08/2005)

July 7, 2005

July 7, 2005

15

CONSENT DECREE..........Defendant agrees to pay monetary relief to Ms. Asadu, for all claims, in the gross sum of $20,000 ($5,000 of which shall be designated as wages and subject to withholding)..............The parties to this Consent Decree agree to bear their own costs and attorney's fees associated with the above-referenced Complaint. [see order for specifics] (Signed by Judge A. Joe Fish on 8/5/05) (Attachments: # 1 Closed Sheet)(cxb, ) (Entered: 08/05/2005)

Aug. 5, 2005

Aug. 5, 2005

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. 30, 2004

Closing Date: Aug. 5, 2005

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

Mariner Health Care Inc., Private Entity/Person

Livings Centers of Texas, Inc. , 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: 20000

Order Duration: 2005 - 2006

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits