Case: EEOC v. Sears, Roebuck & Co.

2:99-cv-00395 | U.S. District Court for the Southern District of Texas

Filed Date: Sept. 27, 1999

Closed Date: July 31, 2000

Clearinghouse coding complete

Case Summary

In September 1999, the San Antonio District Office of the EEOC filed this lawsuit against Sears, Roebuck & Co. in the U.S. District Court for the Southern District of Texas alleging discrimination in violation of the Age Discrimination in Employment Act of 1967. Specifically, the complaint alleged that the defendant discriminated against the complainant employee by failing to promote people over the age of 40 from part-time to full-time positions. Following some discovery, the parties settled the lawsuit in July of 2000 through a settlement agreement requiring the defendant to pay $975 to be distributed among two individuals.

Summary Authors

David Friedman (3/15/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4394312/parties/equal-employment-opp-v-sears-roebuck-and-c/


Judge(s)

Head, Hayden Wilson (Texas)

Attorney for Plaintiff

Gutierrez, Linda (Texas)

Harwin, Robert B (Texas)

Pittard, Robert Christan (Texas)

Attorney for Defendant

Makela, Jane (Texas)

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Documents in the Clearinghouse

Document

2:99-cv-00395

Docket [PACER]

July 31, 2000

July 31, 2000

Docket
1

2:99-cv-00395

Complaint

Sept. 27, 1999

Sept. 27, 1999

Complaint
27

2:99-cv-00395

Joint Motion to Dismiss with Prejudice

July 27, 2000

July 27, 2000

Pleading / Motion / Brief

2:99-cv-00395

Settlement Agreement and Release

July 27, 2000

July 27, 2000

Settlement Agreement
28

2:99-cv-00395

Order of Dismissal with Prejudice

July 31, 2000

July 31, 2000

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4394312/equal-employment-opp-v-sears-roebuck-and-c/

Last updated March 5, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT by Equal Employment Opp filed; (drodrigues) (Entered: 09/29/1999)

Sept. 27, 1999

Sept. 27, 1999

RECAP
2

ORDER FOR CONFERENCE AND DISCLOSURE OF INTERESTED PARTIES set scheduling conference for 1:15 1/19/00 before Judge Hayden W. Head Jr., entered; Parties notified. (drodrigues) (Entered: 09/29/1999)

Sept. 27, 1999

Sept. 27, 1999

PACER
3

CERTIFICATE OF PLAINTIFF REGARDING FINANCIAL INTEREST by Equal Employment Opp filed. (drodrigues) (Entered: 10/18/1999)

Oct. 14, 1999

Oct. 14, 1999

PACER
4

WAIVER OF SERVICE Returned Executed as to Sears, Roebuck and C 11/11/99, filed. (drodrigues) (Entered: 11/24/1999)

Nov. 22, 1999

Nov. 22, 1999

PACER
5

ANSWER to Complaint by Sears, Roebuck and C, filed. (drodrigues) (Entered: 12/14/1999)

Dec. 13, 1999

Dec. 13, 1999

PACER
6

FIRST AMENDED ANSWER to Complaint by Sears, Roebuck and C : amends [5-1] answer, filed. (drodrigues) (Entered: 12/17/1999)

Dec. 17, 1999

Dec. 17, 1999

PACER
7

CERTIFICATE OF DEFENDANT REGARDING FINANCIAL INTERESTED by Sears, Roebuck and C filed. (drodrigues) (Entered: 12/17/1999)

Dec. 17, 1999

Dec. 17, 1999

PACER
8

FIRST AMENDED CERTIFICATE OF DEFENDANT REGARDING FINANCIAL INTEREST by Sears, Roebuck and C filed. (drodrigues) (Entered: 12/21/1999)

Dec. 21, 1999

Dec. 21, 1999

PACER
9

JOINT MOTION to conduct intitial pretrial and scheduling conference by telephone by Equal Employment Opp, Sears, Roebuck and C, filed (drodrigues) (Entered: 01/12/2000)

Jan. 11, 2000

Jan. 11, 2000

PACER
10

JOINT REPORT OF MEETING AND DISCOVERY/Case Management Plan by Equal Employment Opp, Sears, Roebuck and C, filed. (drodrigues) (Entered: 01/12/2000)

Jan. 11, 2000

Jan. 11, 2000

PACER
11

ORDER granting [9-1] joint motion to conduct intitial pretrial and scheduling conference by telephone set initial pretrial and scheduling conference by telephone for 1:15 1/19/00 before Judge W. Head Jr., entered; Parties notified. ( signed by Judge Hayden W. Head Jr. ) (drodrigues) (Entered: 01/19/2000)

Jan. 18, 2000

Jan. 18, 2000

PACER
12

Scheduling conference by telephone held before Judge Hayden W. Head Jr. Ct Reporter: Genay Rogan Tape Number: 1A/10-end. Case called. Appearances made. Discussion of scheduling order and facts of the case. Scheduling order is signed. Deft atty says that pltff was not able to perform her part-time job much less a full time job. Deft atty says pltff did not express her interest in full time job and that pltff had health problems. Pltff atty says statistics show that persons over 40 at Sears were not promoted. No pending motions. Adjourned. 1:25. (drodrigues) (Entered: 01/20/2000)

Jan. 19, 2000

Jan. 19, 2000

PACER
13

SCHEDULING ORDER setting Amending of pleadings 5/15/00 ; Joining of parties 12/10/99 ; Pltf expert witness list submitted by 4/10/00 ; Deft expert witness list submitted by 4/10/00 ; Discovery cutoff 6/12/00 ; Deadline for filing all dispositive motions 6/12/00 ; Pretrial order to be submitted on or before 3:00 9/1/00 ; Docket call deadline 1:15 9/14/00 ; Jury Trial deadline 9:00 9/25/00 before Judge Hayden W. Head Jr., entered. Parties notified. ( Signed by Judge Hayden W. Head Jr. ) (drodrigues) (Entered: 01/20/2000)

Jan. 19, 2000

Jan. 19, 2000

PACER
14

ORDER striking [10-1] discovery, entered; Parties notified. ( signed by Judge Hayden W. Head Jr. ) (drodrigues) (Entered: 02/01/2000)

Jan. 28, 2000

Jan. 28, 2000

PACER
15

JOINT REPORT OF MEETING AND DISCOVERY/Case Management Plan by Equal Employment Opp, Sears, Roebuck and C, filed. (drodrigues) (Entered: 02/04/2000)

Feb. 4, 2000

Feb. 4, 2000

PACER
16

SECOND AMENDED ANSWER to Complaint by Sears, Roebuck and C : amends [5-1] answer, filed. (drodrigues) (Entered: 02/07/2000)

Feb. 7, 2000

Feb. 7, 2000

PACER
17

MOTION to compel discovery from plaintiff by Sears, Roebuck and C Jane Makela for defendant Sears, Roebuck and C, Motion Docket Date 4/16/00 [17-1] motion, filed. (drodrigues) (Entered: 03/29/2000)

March 27, 2000

March 27, 2000

PACER
18

RESPONSE by Equal Employment Opp to [17-1] motion to compel discovery from plaintiff, filed. (drodrigues) (Entered: 04/17/2000)

April 17, 2000

April 17, 2000

PACER
19

Docket entry: The Plaintiff's Motion to Compel and Deft's Response has been referred to the Magistrate Judge for disposition. (drodrigues) (Entered: 04/20/2000)

April 19, 2000

April 19, 2000

PACER
20

UNOPPOSED JOINT MOTION to conduct hearing concerning defendant's motion to compel by telephone by Equal Employment Opp, Sears, Roebuck and C, filed (drodrigues) (Entered: 04/26/2000)

April 25, 2000

April 25, 2000

PACER
21

REPLY by Sears, Roebuck and C to response to [17-1] motion to compel discovery from plaintiff, filed (drodrigues) (Entered: 04/26/2000)

April 26, 2000

April 26, 2000

PACER
22

Docket entry: Deft's Reply to Pltff's Response to Deft's Motion to Compel [21-1] and Unopposed Motion to Conduct Hearing on Motion to Compel by Telephone [20-1] is referred to Magistrate Judge Ellington by Judge Head for disposition. (drodrigues) (Entered: 04/27/2000)

April 27, 2000

April 27, 2000

PACER
23

NOTICE of Hearing: set telephone conference for 9:00 5/2/00 before Magistrate Judge B. J. Ellington, filed. (drodrigues) (Entered: 04/28/2000)

April 27, 2000

April 27, 2000

PACER
24

Motion hearing re: [17-1] motion to compel discovery from plaintiff Ct Reporter: Grace Lerma Tape Number: 1(10-470). Case called. Court denies Motion to Compel on the basis of the waiver of privilege. Deft. withdraws request for any further relief. Court adjourned. (drodrigues) (Entered: 05/03/2000)

May 2, 2000

May 2, 2000

PACER
25

UNOPPOSED JOINT MOTION to extend deadline to file dispositive motions by Equal Employment Opp, Sears, Roebuck and C, filed (drodrigues) (Entered: 06/07/2000)

June 6, 2000

June 6, 2000

PACER
26

ORDER granting [25-1] joint motion to extend deadline to file dispositive motions, entered; Parties notified. ( signed by Judge Hayden W. Head Jr ) (drodrigues) (Entered: 06/12/2000)

June 9, 2000

June 9, 2000

PACER
27

JOINT MOTION to dismiss with prejudice by Equal Employment Opp, Sears, Roebuck and C, filed (drodrigues) (Entered: 07/31/2000)

July 27, 2000

July 27, 2000

PACER
28

ORDER granting [27-1] joint motion to dismiss with prejudice, entered; Parties notified. ( signed by Judge Hayden W. Head Jr ) Costs taxed against the party incurring them. (mserpa) (Entered: 08/01/2000)

July 31, 2000

July 31, 2000

PACER

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. 27, 1999

Closing Date: July 31, 2000

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

Sears, Roebuck and Co. (Corpus Christi, Texas), 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

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: 975

Issues

Discrimination-area:

Disparate Treatment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Promotion

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits