Case: EEOC v. HORSETRADERS, INC. D/B/A BULLFROGS

9:05-cv-00193 | U.S. District Court for the Eastern District of Texas

Filed Date: Sept. 30, 2005

Closed Date: Aug. 29, 2009

Clearinghouse coding complete

Case Summary

In September 2005, the Dallas District Office of the EEOC brought this suit against Horsetraders, Inc., d/b/a Bullfrogs Restaurant, in the U.S. District Court for the Eastern District of Texas alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant subjected the charging party, a female employee, to a sexually hostile work environment consisting of sexually explicit remarks and unwelcome touch…

In September 2005, the Dallas District Office of the EEOC brought this suit against Horsetraders, Inc., d/b/a Bullfrogs Restaurant, in the U.S. District Court for the Eastern District of Texas alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant subjected the charging party, a female employee, to a sexually hostile work environment consisting of sexually explicit remarks and unwelcome touching resulting in the charging party's constructive discharge. In November 2005, the charging party intervened in the suit. After some discovery, the parties settled through a consent decree in August 2006.

The three-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: adopt an anti-sexual harassment policy, notify its employees of the new policy, provide Title VII training for all its employees, report to the EEOC at specified intervals, and pay $49,000. The docket sheet does not show any further enforcement; the case was presumably closed in 2009.

Summary Authors

Michele Marxkors (6/8/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4687001/parties/equal-employment-opportunity-commission-v-horsetraders-inc/


Judge(s)

Craven, Caroline M. (Texas)

Judge(s)

Craven, Caroline M. (Texas)

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Documents in the Clearinghouse

Document

9:05-cv-00193

Docket [PACER]

EEOC v. Horsetraders, Inc.

Aug. 29, 2006

Aug. 29, 2006

Docket
1

9:05-cv-00193

Complaint

EEOC v. Horsetraders, Inc.

Sept. 30, 2005

Sept. 30, 2005

Complaint
8

9:05-cv-00193

Order Granting Janette England's Motion to Intervene

EEOC v. Horsetraders, Inc.

Nov. 23, 2005

Nov. 23, 2005

Order/Opinion
10

9:05-cv-00193

Plaintiff-Intervenor's Original Complaint

EEOC v. Horsetraders, Inc.

Dec. 2, 2005

Dec. 2, 2005

Complaint
21

9:05-cv-00193

Plaintiff's First Amended Complaint

EEOC v. Horsetraders, Inc.

May 8, 2006

May 8, 2006

Complaint
37

9:05-cv-00193

Final Judgment and Order Entering Consent Decree

EEOC v. Horsetraders, Inc.

Aug. 29, 2006

Aug. 29, 2006

Order/Opinion
36

9:05-cv-00193

Consent Decree

EEOC v. Horsetraders, Inc.

Aug. 29, 2006

Aug. 29, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4687001/equal-employment-opportunity-commission-v-horsetraders-inc/

Last updated Feb. 8, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Horsetraders Inc (Title VII--EEOC) , filed by Equal Employment Opportunity Commission.(djh, ) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

Filing fee waived --government entity (djh, ) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

Summons Issued as to Richard Miller and mailed back to atty for service. (djh, ) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

3

MOTION to Intervene by Janette England. (Attachments: # 1 Supplement # 2 Text of Proposed Order)(Castetter, Alex) (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

4

Original ANSWER to Complaint by Horsetraders Inc.(Guillory, David) (Entered: 11/08/2005)

Nov. 8, 2005

Nov. 8, 2005

Magistrate Consent Form Mailed to Horsetraders Inc (kjr, ) (Entered: 11/09/2005)

Nov. 9, 2005

Nov. 9, 2005

5

RESPONSE to Motion re 3 MOTION to Intervene filed by Horsetraders Inc. (Attachments: # 1 Text of Proposed Order)(Guillory, David) (Entered: 11/17/2005)

Nov. 17, 2005

Nov. 17, 2005

6

ORDER governing proceedings. Signed by Judge Ron Clark on 11/17/05. (djh, ) (Entered: 11/18/2005)

Nov. 17, 2005

Nov. 17, 2005

7

REPLY to Response to Motion re 3 MOTION to Intervene filed by Janette England. (Castetter, Alex) (Entered: 11/18/2005)

Nov. 18, 2005

Nov. 18, 2005

9

Intervenor COMPLAINT , filed by Janette England (and adding Ricky Miller as additional defendant).(kjr, ) (Entered: 11/28/2005)

Nov. 23, 2005

Nov. 23, 2005

8

ORDER granting 3 Motion to Intervene and Janette England's is allowed to file her plaintiff-intervener original complaint . Signed by Judge Ron Clark on 11/23/05. (djh, )

Nov. 23, 2005

Nov. 23, 2005

RECAP

Magistrate Consent Form emailed to Janette England (kjr, ) (Entered: 11/28/2005)

Nov. 28, 2005

Nov. 28, 2005

10

Intervenor COMPLAINT, filed by Janette England.(Castetter, Alex) (Entered: 12/02/2005)

Dec. 2, 2005

Dec. 2, 2005

11

NOTICE of Attorney Appearance by William C Backhaus on behalf of Equal Employment Opportunity Commission (Backhaus, William) (Entered: 12/09/2005)

Dec. 9, 2005

Dec. 9, 2005

12

NOTICE of Attorney Appearance by Paul Allen Robbins on behalf of Ricky Miller, Horsetraders Inc (Robbins, Paul) (Entered: 01/03/2006)

Jan. 3, 2006

Jan. 3, 2006

13

NOTICE of Disclosure by Equal Employment Opportunity Commission Pursuant to Federal Rule of Civil Procedure 26(a)(1) (Backhaus, William) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

14

NOTICE of Disclosure by Janette England (Castetter, Alex) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

15

REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Text of Proposed Order)(Castetter, Alex) (Entered: 01/11/2006)

Jan. 11, 2006

Jan. 11, 2006

16

SCHEDULING ORDER setting case specific deadlines, including docket call and final pretrial at 1:30 pm on 9/5/06 and jury selection at 9:00 am on 9/12/06. The case management conference set for 2/13/06 is cancelled . Signed by Judge Ron Clark on 2/7/06. (kjr, ) (Entered: 02/07/2006)

Feb. 7, 2006

Feb. 7, 2006

18

NOTICE of Attorney Appearance by David C Rivela on behalf of Equal Employment Opportunity Commission (Rivela, David) (Entered: 03/27/2006)

March 27, 2006

March 27, 2006

19

First MOTION to Amend/Correct Scheduling Order by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order proposed order)(Rivela, David) (Entered: 03/27/2006)

March 27, 2006

March 27, 2006

20

ORDER granting 19 Motion to enlarge deadline to conduct mediation to August 2006. The suggestion of mediation by 3/27/06 is deleted from the scheduling order. Signed by Judge Ron Clark on 3/27/06. (kjr, ) (Entered: 03/28/2006)

March 27, 2006

March 27, 2006

21

AMENDED COMPLAINT (First) against Horsetraders Inc, filed by Equal Employment Opportunity Commission.(Rivela, David) (Entered: 05/08/2006)

May 8, 2006

May 8, 2006

22

Consent MOTION for Extension of Time to Complete Discovery by Horsetraders Inc. (Attachments: # 1 Text of Proposed Order)(Guillory, David) (Entered: 06/22/2006)

June 22, 2006

June 22, 2006

23

ORDER that by July 24, 2006, at 4:00 p.m., the parties shall each submit directly to the Court an estimate of the time that party needs to complete the presentation of testimony in this case. The required statements should not be filed with the clerk, but should be submitted only to the court. Signed by Judge Ron Clark on 6/28/06. (kjr, ) (Entered: 06/28/2006)

June 28, 2006

June 28, 2006

24

NOTICE of Disclosure by Janette England (Castetter, Alex) (Entered: 07/05/2006)

July 5, 2006

July 5, 2006

25

ORDER SCHEDILING MEDIATION CONFERENCEMediation Conference set for 8/4/200610:00 AM in Ctrm 403 (Texarkana) before Magistrate Judge Caroline Craven. Signed by Judge Caroline Craven on 7/20/06. (mpv, ) (Entered: 07/20/2006)

July 20, 2006

July 20, 2006

26

Witness List by Equal Employment Opportunity Commission. (djh, ) (Entered: 07/21/2006)

July 21, 2006

July 21, 2006

27

ORDER granting 22 Motion for Extension of Time to Complete Discovery until 8/30/06. Signed by Judge Ron Clark on 7/25/06. (kjr, ) (Entered: 07/25/2006)

July 25, 2006

July 25, 2006

28

NOTICE of Disclosure by Janette England (Castetter, Alex) (Entered: 07/27/2006)

July 27, 2006

July 27, 2006

29

NOTICE by Janette England Plaintiff-Intervenor's Notice Of Intent To Offer Certified Records (Castetter, Alex) (Entered: 07/31/2006)

July 31, 2006

July 31, 2006

30

NOTICE by Equal Employment Opportunity Commission of Intent to Offer Certified Records (Rivela, David) (Entered: 08/01/2006)

Aug. 1, 2006

Aug. 1, 2006

31

ORDER ON LIMITATIONS OF TRIAL TIME. The court allocates 7 hours to plaintiff, 3.5 hours to plaintiff-intervenor and 9 hours to the defendant, in which to present their respective cases, including direct examination, redirect, cross and re-cross of all witnesses, but excluding time related to jury selection and opening and closing. Signed by Judge Ron Clark on 8/1/06. (kjr, ) (Entered: 08/02/2006)

Aug. 1, 2006

Aug. 1, 2006

34

ORDER ON CLOSING DOCUMENTS. All parties or their counsel shall submit to the court all papers necessary for the closing of this case and its removal from the active docket of this court on or before September 15, 2006. Signed by Judge Ron Clark on 8/8/06. (kjr, ) (Entered: 08/09/2006)

Aug. 8, 2006

Aug. 8, 2006

33

REPORT of Mediation Mediation result: Settled(mpv, ) (Entered: 08/09/2006)

Aug. 9, 2006

Aug. 9, 2006

35

MOTION for Settlement by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Consent Decree# 2 Text of Proposed Order Final Judgment and Order Entering Consent Decree)(Rivela, David) (Entered: 08/24/2006)

Aug. 24, 2006

Aug. 24, 2006

36

CONSENT DECREE setting forth terms of injunction and settlement of case. Signed by Judge Ron Clark on 8/28/06. (kjr, ) (Entered: 08/30/2006)

Aug. 29, 2006

Aug. 29, 2006

37

FINAL JUDGMENT AND ORDER ENTERING CONSENT DECREE. Horsetraders, Inc. will bear all costs associated with implementing the provisions of the consent decree. The EEOC, Intervenor Janette England, and Defendant Horsetraders, Inc. and Ricky Miller shall bear their own costs and attorney's fees. Signed by Judge Ron Clark on 8/28/06. (kjr, ) (Entered: 08/30/2006)

Aug. 29, 2006

Aug. 29, 2006

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, 2005

Closing Date: Aug. 29, 2009

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

Horsetraders, Inc., Private Entity/Person

Ricky Miller, Private Entity/Person

Horsetraders, Inc., Private Entity/Person

Case Details

Causes of Action:

State law

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: 49000

Order Duration: 2006 - 2009

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

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:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit