Case: EEOC v. FERASA, INC. dba GAUCHOS RESTAURANT

5:00-cv-01081 | U.S. District Court for the Western District of Texas

Filed Date: Sept. 28, 2000

Closed Date: July 11, 2002

Clearinghouse coding complete

Case Summary

In September 2000, the San Antonio District Office of the EEOC filed this lawsuit against Ferara, Inc., doing business as Gauchos Restaurant, in the U.S. District Court for the Western District of Texas alleging discrimination on the basis of right of association in violation of Title VII of the Civil Rights Act of 1964. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the Order Denying Defendant's Motion to Dismiss Claims that the complainant, a white general manager, was forced to resign his position in opposition to the restaurant's refusal to hire blacks and dark-skinned Hispanics. Following the defendant's failure to cooperate in the defense of the matter, the Court struck the defensive pleadings and entered a default judgment against the defendant in the amount of $100,000 in damages, plus court costs.

Summary Authors

David Friedman (3/13/2008)

Documents in the Clearinghouse

Document

5:00-cv-01081

Docket (PACER)

Equal Employment v. Ferasa, Inc.

July 11, 2002

July 11, 2002

Docket
21

5:00-cv-01081

Order Denying Defendant's Motion to Dismiss Claims

Equal Employment v. Ferasa, Inc.

Nov. 10, 2001

Nov. 10, 2001

Order/Opinion
26

5:00-cv-01081

Order Striking Defensive Pleadings and Entry of Default Judgment

Equal Employment v. Ferasa, Inc.

July 11, 2002

July 11, 2002

Order/Opinion

5:00-cv-01081

FY 2002 Office of General Counsel Annual Report

EEOC v. Ferasa, Inc., d/b/a/ Gauchos Restaurant

No Court

June 16, 2003

June 16, 2003

Press Release

Resources

Docket

Last updated March 31, 2024, 3:18 a.m.

ECF Number Description Date Link Date / Link

Case assigned to Honorable Fred Biery (rg1) (Entered: 09/29/2000)

Sept. 28, 2000

Sept. 28, 2000

1

Complaint filed. (Pages: 6) (rg1) (Entered: 09/29/2000)

Sept. 28, 2000

Sept. 28, 2000

1

Demand for jury trial by Equal Employment (rg1) (Entered: 09/29/2000)

Sept. 28, 2000

Sept. 28, 2000

2

Order that the plaintiff shall submit a proposed scheduling order to the Court within thirty (30) days after the appearance of any defendant. (sj) (Entered: 10/02/2000)

Oct. 2, 2000

Oct. 2, 2000

Summons issued for Ferasa, Inc. (rg1) (Entered: 01/29/2001)

Jan. 29, 2001

Jan. 29, 2001

3

Return of service executed as to Ferasa, Inc. on 2/2/01 via personal service. (sj) (Entered: 02/07/2001)

Feb. 7, 2001

Feb. 7, 2001

4

Motion by Ferasa, Inc. to extend time to file defendant's original answer (sj) (Entered: 02/22/2001)

Feb. 21, 2001

Feb. 21, 2001

5

Motion by Ferasa, Inc. for Michael J. Hengst to appear pro hac vice (sj) (Entered: 02/22/2001)

Feb. 21, 2001

Feb. 21, 2001

6

Order granting motion for Michael J. Hengst to appear pro hac vice [5-1] (sj) (Entered: 02/27/2001)

Feb. 26, 2001

Feb. 26, 2001

7

Order granting motion to extend time to file defendant's original answer [4-1]. Defendant has until 3/2/01 to file its answer. (sj) (Entered: 02/27/2001)

Feb. 26, 2001

Feb. 26, 2001

8

Motion by Ferasa, Inc. to dismiss claims on behalf of Ian Reynolds for failure to state a claim (sj) (Entered: 03/06/2001)

March 5, 2001

March 5, 2001

9

Answer by Ferasa, Inc. (sj) (Entered: 03/06/2001)

March 5, 2001

March 5, 2001

10

Response by Equal Employment motion to dismiss claims on behalf of Ian Reynolds for failure to state a claim [8-1] (sj) (Entered: 03/15/2001)

March 15, 2001

March 15, 2001

11

Joint Recommendations for scheduling order by Equal Employment, Ferasa, Inc. (sj) (Entered: 04/24/2001)

April 23, 2001

April 23, 2001

12

Notice of filing report of parties' Rule 26(f) Planning Meeting by Equal Employment, Ferasa, Inc. (sj) (Entered: 04/24/2001)

April 23, 2001

April 23, 2001

13

Scheduling order setting Joining of parties, amending of pleadings on 7/2/01; Deadline for filing of all motions 12/3/01; Discovery cutoff 11/2/01 ; Alternate Dispute Resolution Report due by 6/1/01. Trial date to be determined at a later date by the Court. (sj) (Entered: 04/27/2001)

April 26, 2001

April 26, 2001

14

Order set initial pretrial status conference for 9:00am on 6/13/01 (sj) (Entered: 04/27/2001)

April 26, 2001

April 26, 2001

15

Notice of filing initial disclosures by Ferasa, Inc. (sj) (Entered: 05/02/2001)

May 2, 2001

May 2, 2001

17

Court Advisory concerning docket status (lp) (Entered: 06/08/2001)

June 7, 2001

June 7, 2001

Initial Pretrial Status Conference held. (fe) (Entered: 06/14/2001)

June 13, 2001

June 13, 2001

18

Lists of Witnesses and Proposed Exhibits by Ferasa, Inc. (rg1) (Entered: 09/24/2001)

Sept. 24, 2001

Sept. 24, 2001

19

Unopposed Motion by Ferasa, Inc. for continuance of scheduling order deadlines (rg1) (Entered: 10/26/2001)

Oct. 25, 2001

Oct. 25, 2001

20

Order granting defendant's unopposed motion for continuance of scheduling order deadlines [19-1] resetting scheduling order deadlines: Discovery deadline on 3/1/02; Deadline for filing of all motions by 4/1/02 (rg1) (Entered: 10/31/2001)

Oct. 31, 2001

Oct. 31, 2001

21

Order denying defendant's motion to dismiss claims on behalf of Ian Reynolds for failure to state a claim [8-1] (rg1) (Entered: 11/13/2001)

Nov. 13, 2001

Nov. 13, 2001

22

Motion by Michael J. Hengst attorney for dft Ferasa, Inc. for Michael J. Hengst to withdraw as attorney (rg1) (Entered: 06/14/2002)

June 13, 2002

June 13, 2002

23

Unopposed Motion by Equal Employment to substitute attorney Edward Juarez in place of R. Chris Pittard (rg1) (Entered: 06/27/2002)

June 26, 2002

June 26, 2002

24

Order granting plaintiff's motion to substitute attorney Edward Juarez in place of R. Chris Pittard [23-1] (rg1) (Entered: 07/02/2002)

July 1, 2002

July 1, 2002

25

Order granting motion for Michael J. Hengst to withdraw as attorney [22-1] (rg1) (Entered: 07/11/2002)

July 11, 2002

July 11, 2002

26

Order Striking Defensive Pleadings and Entry of Default judgment against Ferasa, Inc. in the amount of $100,000 plus costs of court. This cause is DISMISSED. (rg1) (Entered: 07/11/2002)

July 11, 2002

July 11, 2002

Case closed (rg1) (Entered: 07/11/2002)

July 11, 2002

July 11, 2002

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 28, 2000

Closing Date: July 11, 2002

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

Ferasa, Inc., Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Litigation

Amount Defendant Pays: 100000

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Hiring

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

National Origin/Ethnicity:

Indian