Case: EEOC v. Union Pacific Railroad Company

3:02-cv-00445 | U.S. District Court for the Western District of Texas

Filed Date: Sept. 19, 2002

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On September 19, 2002, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a black employee, filed a lawsuit in the Western District Court of Texas against Union Pacific Railroad Company, however the complaint was unavailable. On April 7, 2003, the employee filed a complaint as plaintiff-intervenor under Title VII of the Civil Rights Act of 1964, as amended by Title I of the Civil Rights Act of 1991, against the same defendant. The plaintiff-intervenor sought injunctive relief,…

On September 19, 2002, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a black employee, filed a lawsuit in the Western District Court of Texas against Union Pacific Railroad Company, however the complaint was unavailable. On April 7, 2003, the employee filed a complaint as plaintiff-intervenor under Title VII of the Civil Rights Act of 1964, as amended by Title I of the Civil Rights Act of 1991, against the same defendant. The plaintiff-intervenor sought injunctive relief, compensatory damages, punitive damages, attorneys' fees, and other forms of affirmative relief claiming that the defendant discharged the plaintiff-intervenor when he lied about his criminal background on his application but did not discharge similarly situated white employees who also lied.

On October 2, 2003, the District Court (Judge David Briones) granted the defendant's motion for summary judgment with regards to the plaintiff's racial discrimination claim filed pursuant to 42 U.S.C. § 1981, and denied with regards to plaintiff's Title VII claims. The District Court (Judge Briones) filed an amended opinion on October 24, 2003 but with the same outcome.

On January 21, 2004, the District Court (Judge David Briones) entered a consent decree where the defendant, among other things, agreed to pay the plaintiff-intervenor $84,000.

Summary Authors

Perry Miska (5/13/2014)

People


Judge(s)

Briones, David (Texas)

Attorney for Plaintiff

Chavez, Enrique Jr. (Texas)

Dominguez, Leticia (Texas)

Harwin, Robert B. (District of Columbia)

Attorney for Defendant

Schoonmaker, Linda Cooper (Texas)

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Documents in the Clearinghouse

Document

3:02-cv-00445

Docket

EEOC v. Union Pacific

Feb. 2, 2004

Feb. 2, 2004

Docket
19

3:02-cv-00445

DeMarco Howard's Complaint in Intervention

April 7, 2003

April 7, 2003

Complaint
41

3:02-cv-00445

Memorandum Opinion and Order [Regarding Motion for Summary Judgment]

Oct. 2, 2003

Oct. 2, 2003

Order/Opinion
64

3:02-cv-00445

Amended Memorandum Opinion and Order [Regarding Motion for Summary Judgment]

Oct. 24, 2003

Oct. 24, 2003

Order/Opinion
71

3:02-cv-00445

Consent Decree

Feb. 2, 2004

Feb. 2, 2004

Settlement Agreement

3:02-cv-00445

EEOC Litigation Settlement Report (February 2004)

No Court

Feb. 28, 2004

Feb. 28, 2004

Press Release

Resources

Docket

Last updated March 27, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link

Case assigned to Judge David Briones (jm) (Entered: 09/20/2002)

Sept. 19, 2002

Sept. 19, 2002

1

Complaint filed. (Pages: 4) (jm) (Entered: 09/20/2002)

Sept. 19, 2002

Sept. 19, 2002

2

Waiver of Service by Union Pacific ; Notice and Request Mailed on 10/3/02 ; Answer due on 12/2/02 for Union Pacific (mt) (Entered: 10/08/2002)

Oct. 8, 2002

Oct. 8, 2002

3

Answer by Union Pacific (mt) (Entered: 11/18/2002)

Nov. 18, 2002

Nov. 18, 2002

4

Order to comply with FRCP 26 and local court rule CV-16 (mt) (Entered: 11/20/2002)

Nov. 20, 2002

Nov. 20, 2002

5

Notice of filing joint report of the meeting & joint discovery/case management plan under Rule 26(f) of the FRCP. by Equal Employment (mt) (Entered: 01/10/2003)

Jan. 10, 2003

Jan. 10, 2003

6

Scheduling order setting Joining of parties, amending of pleadings on 4/1/03 Deadline for filing of all motions 6/20/03 Discovery cutoff 6/20/03 ; Alternate Dispute Resolution Report due by 2/10/03 ; Jury Selection set for 9:00 9/8/03 ; Jury trial set for 9:00 9/8/03 signed by Judge David Briones (mt) (Entered: 01/15/2003)

Jan. 14, 2003

Jan. 14, 2003

7

Letter/Correspondence regarding: letter from the Court regarding courtroom protocol (mt) (Entered: 01/15/2003)

Jan. 14, 2003

Jan. 14, 2003

8

Notice of filing disclosure of interested parties by Equal Employment (mt) (Entered: 02/07/2003)

Feb. 7, 2003

Feb. 7, 2003

9

Alternate Dispute Resolution Report filed by Equal Employment, Union Pacific, Party(s) agree to Alternate Dispute Resolution (mt) (Entered: 02/10/2003)

Feb. 10, 2003

Feb. 10, 2003

10

ORDER case referred to Alternate Dispute Resolution Mediation completed by: 4/18/03 Neutral Selection by: 4/18/03 signed by Judge David Briones. If deft. does not accept plaintiff's pending settlement offer, not later than 4/4/03, the parties participate in mediation with: Enrique Pena, Texas Arbitration Mediation Services, Inc., 1444 Montana Ave., Suite 205, El Paso, Tx. 79902, 915-533-8267. (mt) (Entered: 02/12/2003)

Feb. 12, 2003

Feb. 12, 2003

11

Motion by Demarco W. Howard to intervene (mt) Modified on 03/12/2003 (Entered: 03/12/2003)

March 11, 2003

March 11, 2003

13

Order granting motion to substitute attorney Enrique Chavez, Jr. for Francisco X. Dominguez [12-1] ; terminated; Enrique Chavez Jr. added signed by Judge David Briones (mm1) (Entered: 03/28/2003)

March 28, 2003

March 28, 2003

14

Order granting the appearance of Mr. Enrique Chavez, Jr. signed by Judge David Briones (mm1) (Entered: 03/28/2003)

March 28, 2003

March 28, 2003

15

Notice of attorney appearance for Equal Employment by Enrique Chavez (mm1) (Entered: 03/28/2003)

March 28, 2003

March 28, 2003

16

Designation of expert witness filed by Equal Employment (em) (Entered: 04/01/2003)

April 1, 2003

April 1, 2003

17

Exhibit and witness list by Demarco Howard/ Equal Employment (em) (Entered: 04/01/2003)

April 1, 2003

April 1, 2003

18

Order granting motion for DeMarco Howard to intervene [11-1] signed by Judge David Briones (mt) (Entered: 04/08/2003)

April 7, 2003

April 7, 2003

19

Intervenor's complaint by DeMarco Howard against Equal Employment ) (mt) (Entered: 04/08/2003)

April 7, 2003

April 7, 2003

20

Answer by Union Pacific to intervenor complaint [19-1] (mt) (Entered: 04/09/2003)

April 9, 2003

April 9, 2003

21

Written status reporting the outcome of mediation by Equal Employment, Union Pacific, DeMarco Howard, Equal Employment (mt) (Entered: 04/18/2003)

April 18, 2003

April 18, 2003

22

Proposed / Witness List by Union Pacific (mm1) (Entered: 05/27/2003)

May 23, 2003

May 23, 2003

23

Joint motion by Equal Employment, Union Pacific to extend scheduling order so as to enlarge the dispositive motion deadline by one month (mt) (Entered: 06/11/2003)

June 11, 2003

June 11, 2003

24

Order granting joint motion to extend scheduling order so as to enlarge the dispositive motion deadline by one month [23-1] signed by Judge David Briones (mm1) (Entered: 06/17/2003)

June 16, 2003

June 16, 2003

25

Motion by Equal Employment to compel discovery (mt) (Entered: 06/17/2003)

June 16, 2003

June 16, 2003

26

Joint motion by Equal Employment, Union Pacific to extend scheduling order deadlines (mt) (Entered: 07/17/2003)

July 16, 2003

July 16, 2003

27

Order granting joint motion to extend scheduling order deadlines [26-1] signed by Judge David Briones (mm1) (Entered: 07/21/2003)

July 18, 2003

July 18, 2003

28

Motion by Union Pacific for summary judgment (em) (Entered: 07/21/2003)

July 21, 2003

July 21, 2003

29

Notice of filing by Union Pacific of Appendix to Defendant's Motion for Summary Judgment. (em) (Entered: 07/21/2003)

July 21, 2003

July 21, 2003

30

Motion by Equal Employment to extend time to respond to defts. summary judgment motion (mt) (Entered: 07/25/2003)

July 24, 2003

July 24, 2003

32

Appendix for in opposition response [31-1] by Equal Employment (mt) (Entered: 08/01/2003)

Aug. 1, 2003

Aug. 1, 2003

33

Response by Equal Employment in opposition to motion for summary judgment [28-1] (mt) (Entered: 08/01/2003)

Aug. 1, 2003

Aug. 1, 2003

34

Order granting motion to extend time to respond to defts. summary judgment motion by 8/31/03 [30-1] signed by Judge David Briones (jm) (Entered: 08/04/2003)

Aug. 4, 2003

Aug. 4, 2003

35

Supplemental motion by Union Pacific : supplementing motion for summary judgment [28-1] (mt) (Entered: 08/06/2003)

Aug. 5, 2003

Aug. 5, 2003

36

Motion by Union Pacific to extend reply brief deadline (mt) (Entered: 08/16/2003)

Aug. 15, 2003

Aug. 15, 2003

37

Order granting motion to extend reply brief deadline [36-1] signed by Judge David Briones time is extended to 9/12/03 (fe) (Entered: 08/19/2003)

Aug. 19, 2003

Aug. 19, 2003

38

Motion by Equal Employment to with draw its motion to compel (fe) (Entered: 08/21/2003)

Aug. 21, 2003

Aug. 21, 2003

39

Order granting motion to withdraw its motion to compel [38-1] signed by Judge David Briones (mt) (Entered: 08/26/2003)

Aug. 25, 2003

Aug. 25, 2003

Mooted motions motion to compel discovery [25-1] (mt) (Entered: 08/26/2003)

Aug. 25, 2003

Aug. 25, 2003

40

Deft. Union Pacific Railroad Company's Reply brief in support of its motion for summary judgment (mt) (Entered: 09/12/2003)

Sept. 12, 2003

Sept. 12, 2003

41

Order granting in part, denying in part supplemental motion supplementing motion for summary judgment [35-1], granting in part, denying in part motion for summary judgment [28-1] signed by Judge David Briones (mt) (Entered: 10/02/2003)

Oct. 2, 2003

Oct. 2, 2003

42

Motion by Union Pacific in limine (mt) (Entered: 10/05/2003)

Oct. 3, 2003

Oct. 3, 2003

43

Proposed / Witness List by Union Pacific (mt) (Entered: 10/05/2003)

Oct. 3, 2003

Oct. 3, 2003

44

Notice of filing proposed jury charge by Union Pacific (mt) (Entered: 10/05/2003)

Oct. 3, 2003

Oct. 3, 2003

45

Notice of filing porposed voir dire questions by Union Pacific (mt) (Entered: 10/05/2003)

Oct. 3, 2003

Oct. 3, 2003

46

Exhibit list by Union Pacific (mt) (Entered: 10/05/2003)

Oct. 3, 2003

Oct. 3, 2003

47

Notice of filing required pretrial filings, proposes voir dire questions and statement to be read to the jury, by Union Pacific (mt) (Entered: 10/05/2003)

Oct. 3, 2003

Oct. 3, 2003

48

Notice of filing proposed verdict form by Equal Employment, Equal Employment (mt) (Entered: 10/05/2003)

Oct. 3, 2003

Oct. 3, 2003

49

Notice of filing exhibit identification by Equal Employment, Equal Employment (mt) (Entered: 10/05/2003)

Oct. 3, 2003

Oct. 3, 2003

51

Notice of filing proposed stipulated facts by Equal Employment, Equal Employment (mt) (Entered: 10/05/2003)

Oct. 3, 2003

Oct. 3, 2003

52

Notice of filing designation of trial witnesses by Equal Employment, Equal Employment (mt) (Entered: 10/05/2003)

Oct. 3, 2003

Oct. 3, 2003

53

Proposed Jury instructions by Equal Employment, Equal Employment (mt) (Entered: 10/05/2003)

Oct. 3, 2003

Oct. 3, 2003

54

Notice of filing witnesses whose testimony may present by means of a deposition by Equal Employment, Equal Employment (mt) (Entered: 10/05/2003)

Oct. 3, 2003

Oct. 3, 2003

55

Notice of filing porposed voir dire questions by Equal Employment, Equal Employment (mt) (Entered: 10/05/2003)

Oct. 3, 2003

Oct. 3, 2003

56

Motion by Equal Employment, Equal Employment in limine (mt) (Entered: 10/05/2003)

Oct. 3, 2003

Oct. 3, 2003

57

Notice of filing estimate of trial length by Equal Employment, Equal Employment (mt) (Entered: 10/05/2003)

Oct. 3, 2003

Oct. 3, 2003

58

Joint motion by Equal Employment, Union Pacific to continue trial (mt) (Entered: 10/05/2003)

Oct. 3, 2003

Oct. 3, 2003

59

Memorandum by Equal Employment in support of motion in limine [56-1] (mt) (Entered: 10/05/2003)

Oct. 3, 2003

Oct. 3, 2003

60

Order granting joint motion to continue trial [58-1] Jury trial 8:30 12/8/03 signed by Judge David Briones (mt) (Entered: 10/07/2003)

Oct. 7, 2003

Oct. 7, 2003

61

Motion by Equal Employment for clarification (mt) (Entered: 10/10/2003)

Oct. 9, 2003

Oct. 9, 2003

62

Response and Objections by Equal Employment to motion in limine [42-1] (mt) (Entered: 10/15/2003)

Oct. 14, 2003

Oct. 14, 2003

63

Written Objections by Equal Employment, Equal Employment to jury instructions [53-1] (mt) (Entered: 10/15/2003)

Oct. 14, 2003

Oct. 14, 2003

64

Amended Order granting in part, denying in part motion for summary judgment [28-1] signed by Judge David Briones (mt) (Entered: 10/24/2003)

Oct. 24, 2003

Oct. 24, 2003

65

Order vacating non-jury trial of 12/8/03 and ordering proposed dismissal of this cause on or before 12/17/03 signed by Judge David Briones (dl1) (Entered: 11/21/2003)

Nov. 20, 2003

Nov. 20, 2003

66

Joint motion by Union Pacific, Equal Employment, DeMarco Howard for extension of time to file proposed dismissal (jm) (Entered: 12/17/2003)

Dec. 17, 2003

Dec. 17, 2003

67

Order granting joint motion for extension of time to file proposed dismissal [66-1] (Parties file a proposed dismissal of this cause on or before 1/17/04) signed by Judge David Briones (jm) (Entered: 12/19/2003)

Dec. 19, 2003

Dec. 19, 2003

68

Joint motion by Equal Employment, DeMarco Howard, Union Pacific to enter consent decree (jm) (Entered: 01/16/2004)

Jan. 16, 2004

Jan. 16, 2004

70

Order granting joint motion to dismiss and for entry of Consent Decree [69-1] signed by Judge David Briones (jm) (Entered: 02/03/2004)

Feb. 2, 2004

Feb. 2, 2004

71

Consent decree for Equal Employment against Union Pacific signed by Judge David Briones ) (jm) (Entered: 02/03/2004)

Feb. 2, 2004

Feb. 2, 2004

Case closed (jm) (Entered: 02/03/2004)

Feb. 2, 2004

Feb. 2, 2004

Case Details

State / Territory: Texas

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. 19, 2002

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of a Black employee who was allegedly discharged because of his race.

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

UNION PACIFIC RAILROAD COMPANY, 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: 84,000

Order Duration: 2004 - 2006

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Private Party intervened in EEOC suit