Case: EEOC v. DSI TRANSPORT, INC.

4:97-cv-01580 | U.S. District Court for the Southern District of Texas

Filed Date: May 6, 1997

Closed Date: Oct. 2, 1998

Clearinghouse coding complete

Case Summary

The Houston office of the EEOC brought this Title I of the ADA discrimination suit against the DSI Transport, Inc. in May 1997, in the U.S. District Court for the Southern District of Texas. Complainants alleged that the defendant revoked offers of employment or refused to hire complaints for truck driving position because of back x-rays and other medical test results in violation of the Americans with Disabilities Act. After a few discovery motions and the defendant's motion for summary judgm…

The Houston office of the EEOC brought this Title I of the ADA discrimination suit against the DSI Transport, Inc. in May 1997, in the U.S. District Court for the Southern District of Texas. Complainants alleged that the defendant revoked offers of employment or refused to hire complaints for truck driving position because of back x-rays and other medical test results in violation of the Americans with Disabilities Act. After a few discovery motions and the defendant's motion for summary judgment, the parties settled and entered into a consent decree in September 1998.

The consent decree provided that DSI pay the complainants $200,000 in sum. The complainants are to accompany a claim for damages with a release in favor of DSI. If any complainant rejects the monetary award or does not sign a release, then that complainant's portions of the damages goes back to DSI up to $20,000. Any money in excess of $20,000 is to be donated to charity. DSI is also responsible for posting the EEOC's concerning non-discrimination requirements. The consent decree also has provisions that regulate DSI's applicant hiring process, the medical review officer's responsibilities, and the examining physician's responsibilities (including providing a management level employee with the responsibilities that the medical review officers and/or physician's finding are concurrent with the ADA). The management liaison is responsible for providing the EEOC with bi-annual reports pursuant to the reporting provisions of the consent decree. DSI also must keep all records necessary to show compliance with the consent decree.

Summary Authors

Kevin Wilemon (5/30/2007)

Documents in the Clearinghouse

Document

4:97-cv-01580

Docket [PACER]

EEOC v. DSI Transports, Inc.

Sept. 30, 1998

Sept. 30, 1998

Docket
46

4:97-cv-01580

Consent Decree

EEOC v. DSI Transports, Inc.

Oct. 2, 1998

Oct. 2, 1998

Settlement Agreement

Resources

Docket

Last updated Jan. 23, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; (bchurchill) (Entered: 05/07/1997)

May 6, 1997

May 6, 1997

2

ORDER for Conf set initial pretrial and scheduling conference for 2:00 9/19/97 before Judge Ewing Werlein Jr , entered; Parties notified. (bchurchill) (Entered: 05/07/1997)

May 6, 1997

May 6, 1997

3

ORDER to Disclose Interested Persons , filed. ( by Judge Ewing Werlein Jr ) Party filing case notified. (bchurchill) (Entered: 05/07/1997)

May 6, 1997

May 6, 1997

2 SUMMONS issued (bchurchill) (Entered: 05/07/1997)

May 6, 1997

May 6, 1997

4

ANSWER to Complaint by DSI Transports Inc (Added attorney Douglas Edward Hamel), filed. (ltien) (Entered: 05/28/1997)

May 27, 1997

May 27, 1997

5

AMENDED ANSWER to Complaint by DSI Transports Inc : amends [4-1] answer , filed. (fmremp) (Entered: 06/06/1997)

June 5, 1997

June 5, 1997

6

INITIAL DISCLOSURE pursuant to Order for Accelerated Discovery by DSI Transports Inc , filed. (fmremp) (Entered: 06/30/1997)

June 27, 1997

June 27, 1997

7

JOINT DISCOVERY/Case Management Plan by EEOC, DSI Transports Inc , filed. (ltien) (Entered: 09/09/1997)

Sept. 9, 1997

Sept. 9, 1997

9

ORDER OF RECUSAL, entered; Judge Ewing Werlein stands recused in this case. Deadlines in scheduling orders continue in effect. Court settings are vacated. Case is reassigned to Judge David Hittner. Parties notified. ( signed by Judge Ewing Werlein Jr ) (ltien) (Entered: 09/16/1997)

Sept. 12, 1997

Sept. 12, 1997

CASE reassigned to Judge David Hittner (ltien) (Entered: 09/16/1997)

Sept. 12, 1997

Sept. 12, 1997

8

NOTICE OF filing of deft's initial DISCLOSURE by DSI Transports Inc, filed. (ltien) (Entered: 09/16/1997)

Sept. 16, 1997

Sept. 16, 1997

10

ORDER set scheduling conference for 9:30 10/24/97 before Magistrate Judge Marcia A. Crone , entered; Parties notified. ( signed by Judge David Hittner ) (fmremp) (Entered: 09/17/1997)

Sept. 16, 1997

Sept. 16, 1997

11

NOTICE OF serving pltf's initial DISCLOSURE to deft by EEOC, filed. (ltien) (Entered: 09/18/1997)

Sept. 17, 1997

Sept. 17, 1997

13

Minute entry: scheduling conference held on 10/24/97, terminated deadlines . Apps: Lyons and Hoffman f/pltf, Hamel f/deft. Scheduling order entered. Tape Number: 102497mac1(704) 180-204 (ltien) (Entered: 10/27/1997)

Oct. 24, 1997

Oct. 24, 1997

14

NOTICE OF DEPO BY WRITTEN QUESTIONS of Custodian of Records for Timothy H Adkins, Bobby Lynn Amoss, et al, filed. (ltien) (Entered: 01/12/1998)

Jan. 9, 1998

Jan. 9, 1998

15

UNOPPOSED MOTION to substitute attorney Sharona Hoffman , by EEOC, Motion Docket Date 2/10/98 [15-1] motion , filed. (psmith) (Entered: 01/21/1998)

Jan. 21, 1998

Jan. 21, 1998

16

ORDER granting deft's [15-1] motion to substitute attorney Sharona Hoffman , entered; Parties notified. signed by Judge David Hittner ) (ltien) (Entered: 01/27/1998)

Jan. 22, 1998

Jan. 22, 1998

17

UNOPPOSED MOTION to amend scheduling and docket control order by EEOC, Motion Docket Date 2/26/98 [17-1] motion , filed. (ltien) (Entered: 02/09/1998)

Feb. 6, 1998

Feb. 6, 1998

18

ORDER granting pltf's [17-1] unopposed motion to amend scheduling and docket control order; scheduling order deadlines: Expert witness list submitted by 4/15/98 f/pltf, 5/15/98 f/deft ; Expert report due by 11/15/98 f/pltf, 1/15/99 f/deft ; Discovery cutoff 2/15/99 ; Deadline for filing all dispositive motions 3/1/99 ; Deadline for filing non-dispositive motions 3/1/99 ; Pretrial order to be submitted on or before 4/1/99 ; Trial Term: May/June 1999 , entered; Parties notified. ( signed by Judge David Hittner ) (ltien) (Entered: 02/10/1998)

Feb. 10, 1998

Feb. 10, 1998

19

MOTION to bifurcate issues of liability and relief , by EEOC, Motion Docket Date 3/24/98 [19-1] motion , filed. (psmith) (Entered: 03/04/1998)

March 4, 1998

March 4, 1998

20

MEMORANDUM by EEOC in support of [19-1] motion to bifurcate issues of liability and relief , filed (psmith) (Entered: 03/04/1998)

March 4, 1998

March 4, 1998

21

RESPONSE by DSI Transports Inc to pltf's [19-1] motion to bifurcate issues of liability and relief , filed. (ltien) (Entered: 03/24/1998)

March 23, 1998

March 23, 1998

22

Memorandum In REPLY by EEOC to Defts Response In Opposition to [19-1] motion to bifurcate issues of liability and relief , filed (psmith) (Entered: 04/01/1998)

April 1, 1998

April 1, 1998

23

MOTION to substitute Rose Adewale-Mendes as attorney of record by EEOC, Motion Docket Date 4/23/98 [23-1] motion , filed. (ltien) (Entered: 04/06/1998)

April 3, 1998

April 3, 1998

24

ORDER granting pltf's [23-1] motion to substitute Rose Adewale-Mendes as attorney of record, entered; Parties notified. ( signed by Judge David Hittner ) (ltien) (Entered: 04/07/1998)

April 6, 1998

April 6, 1998

26

DESIGNATION OF EXPERT WITNESS LIST by EEOC filed. (ltien) (Entered: 04/16/1998)

April 15, 1998

April 15, 1998

27

UNOPPOSED MOTION to extend time until 5/5/98 to designate two additional experts by EEOC, Motion Docket Date 5/5/98 [27-1] motion , filed. (ltien) (Entered: 04/16/1998)

April 15, 1998

April 15, 1998

28

ORDER granting pltf's [27-1] motion to extend time to designate two additional experts; the Commission may designate two additional expert witnesses by 5/5/98; deft may designate its expert witnesses by 6/4/98 , entered; Parties notified. ( signed by Judge David Hittner ) (ltien) (Entered: 04/17/1998)

April 16, 1998

April 16, 1998

29

MOTION to quash notices of depositions , and for protective order regarding further discovery from class members by EEOC, Motion Docket Date 5/10/98 [29-1] motion, 5/10/98 [29-2] motion , filed. (ltien) (Entered: 04/20/1998)

April 20, 1998

April 20, 1998

30

ORDER for Reference to Magistrate Judge Marcia Crone; referring pltf's [29-1] motion to quash notices of depositions and [29-2] motion for protective order regarding further discovery from class members to Magistrate Judge Marcia A. Crone for disposition and/or recommendation, entered; Parties notified. ( signed by Judge David Hittner ) (ltien) (Entered: 04/24/1998)

April 23, 1998

April 23, 1998

31

MOTION to substitute corrected copies of the motion to quash and for a protective order regarding discovery from class members and of its proposed order thereon both filed April 20, 1998 by EEOC, Motion Docket Date 5/21/98 [31-1] motion , filed. (ltien) (Entered: 05/01/1998)

May 1, 1998

May 1, 1998

32

MOTION to quash notices of deposition , and for protective order regarding further discovery from class members by EEOC, Motion Docket Date 5/21/98 [32-1] motion, 5/21/98 [32-2] motion , filed. (ltien) (Entered: 05/01/1998)

May 1, 1998

May 1, 1998

33

SECOND DESIGNATION OF EXPERT WITNESS LIST by EEOC filed. (ltien) (Entered: 05/05/1998)

May 5, 1998

May 5, 1998

34

ORDER for Reference; pltf's [31-1] motion to substitute corrected copies of the motion to quash and for a protective order regarding discovery from class members and of its proposed order thereon both filed April 20, 1998 is referred to Magistrate Judge Marcia A. Crone for disposition and/or recommendation, entered; Parties notified. ( signed by Judge David Hittner ) (ltien) (Entered: 05/06/1998)

May 5, 1998

May 5, 1998

35

ORDER for Reference; pltf's [32-1] motion to quash notices of deposition and [32-2] motion for protective order regarding further discovery from class members is referred to Magistrate Judge Marcia A. Crone for disposition and/or recommendation, entered; Parties notified. ( signed by Judge David Hittner ) (ltien) (Entered: 05/06/1998)

May 5, 1998

May 5, 1998

36

ORDER denying pltf's [19-1] motion to bifurcate issues of liability and relief , entered; Parties notified. ( signed by Judge David Hittner ) (ltien) (Entered: 05/08/1998)

May 6, 1998

May 6, 1998

38

RESPONSE by DSI Transports Inc to pltf's [32-1] motion to quash notices of deposition, [32-2] motion for protective order regarding further discovery from class members , filed. (ltien) (Entered: 05/12/1998)

May 11, 1998

May 11, 1998

39

ORDER granting in part pltf's [32-1] motion to quash notices of deposition and [32-2] motion for protective order regarding further discovery from class members , entered; deft shall pay the costs of its discovery from class members, including witness fees and mileage fees. Deft shall schedule each deposition at a time and place mutually convenient to each class member. In the alternative, deft may pay the transportation and lodging costs incurred by class members, along with a witness fee if it wishes to depose the class members at its attorneys' offices in Houston. Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (ltien) (Entered: 05/14/1998)

May 13, 1998

May 13, 1998

40

ORDER granting pltf's [31-1] motion to substitute corrected copies of the motion to quash and for a protective order regarding discovery from class members and of its proposed order thereon both filed April 20, 1998; mooting pltf's prior [29-1] motion to quash notices of depositions and [29-2] motion for protective order regarding further discovery from class members , entered; Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (ltien) (Entered: 05/14/1998)

May 13, 1998

May 13, 1998

41

RESPONSE by EEOC in opposition to deft's [37-1] motion for partial summary judgment , filed (ltien) (Entered: 06/03/1998)

June 3, 1998

June 3, 1998

42

REPLY by EEOC to deft's response to pltf's [32-1] motion to quash notices of deposition and [32-2] motion for protective order regarding further discovery from class members , filed (ltien) (Entered: 06/03/1998)

June 3, 1998

June 3, 1998

43

EXPERT WITNESS LIST by DSI Transports Inc filed. (hlerma) (Entered: 06/05/1998)

June 4, 1998

June 4, 1998

44

REPLY by DSI Transports Inc to pltf's response to its [37-1] motion for partial summary judgment , filed (ltien) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

45

JOINT MOTION to approve and enter a consent decree in resolution of suit by EEOC, DSI Transports Inc, filed. (ddarneille) (Entered: 09/30/1998)

Sept. 29, 1998

Sept. 29, 1998

46

CONSENT DECREE/ORDER granting [45-1] joint motion to approve and enter a consent decree in resolution of suit , entered; Parties notified. ( signed by Judge David Hittner ) (ltien) (Entered: 10/02/1998)

Sept. 30, 1998

Sept. 30, 1998

Case closed (ltien) (Entered: 10/02/1998)

Sept. 30, 1998

Sept. 30, 1998

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: May 6, 1997

Closing Date: Oct. 2, 1998

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

DSI Transports Inc, 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

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: 200000

Order Duration: 1998 - 2001

Content of Injunction:

Comply with advertising/recruiting requirements

Other requirements regarding hiring, promotion, retention

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Hiring

Medical Exam / Inquiry

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits