Case: EEOC v. ASTORIA METAL CORPORATION

2:01-cv-00169 | U.S. District Court for the Southern District of Texas

Filed Date: April 18, 2001

Closed Date: June 4, 2002

Clearinghouse coding complete

Case Summary

In April 2001, the San Antonio District Office of the EEOC brought this suit against Astoria Metal Corporation in the U.S. District Court for the Southern District of Texas. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. After several scheduling conferences in which the defendant did not appear, the EEOC filed numerous motions for default judgment. The court finally granted one of the EEOC's motions in June 2002, entering a default judgment in their favor. The judgment awarded $217,427 to the charging party and required the defendant to provide the charging party with a neutral employment reference.

Summary Authors

Michele Marxkors (8/16/2007)

Documents in the Clearinghouse

Document

2:01-cv-00169

Docket (PACER)

Equal Employment Opp v. Astoria Metal Corp

June 17, 2002

June 17, 2002

Docket
28

2:01-cv-00169

Judgment

Equal Employment Opportunity Commission v. Astoria Metal Corporation

June 4, 2002

June 4, 2002

Order/Opinion
27

2:01-cv-00169

Order

Equal Employment Opportunity Commission v. Astoria Metal Corporation

June 4, 2002

June 4, 2002

Order/Opinion

Resources

Docket

Last updated March 23, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT by Equal Employment Opp filed; US Gov't pltff - no fee paid. (fmremp) (Entered: 04/23/2001)

April 18, 2001

April 18, 2001

2

Order setting Initial Pretrial and Scheduling Conference on 1:15 6/8/01 before Judge Janis Graham Jack and Order to Disclose Interested Persons, filed. (fmremp) (Entered: 04/23/2001)

April 18, 2001

April 18, 2001

3

MOTION to extend date for initial pretrial and scheduling conference , and to extend time to submit joint report of meeting and joint discovery/case management plan by Equal Employment Opp Robert Christan Pittard for plaintiff Equal Employment Opp, Motion Docket Date 5/27/01 [3-1] motion, 5/27/01 [3-2] motion , filed. (drodrigues) (Entered: 05/10/2001)

May 7, 2001

May 7, 2001

4

CERTIFICATE OF PLAINTIFF REGARDING FINANCIAL INTEREST by Equal Employment Opp filed. (drodrigues) (Entered: 05/11/2001)

May 8, 2001

May 8, 2001

5

ORDER denying [3-1] motion to extend date for initial pretrial and scheduling conference denying [3-2] motion to extend time to submit joint report of meeting and joint discovery/case management plan , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (fmremp) (Entered: 05/22/2001)

May 21, 2001

May 21, 2001

6

MOTION for reconsideration of [5-1] order by Equal Employment Opp Robert Christan Pittard for plaintiff Equal Employment Opp, Motion Docket Date 6/18/01 [6-1] motion , filed. (drodrigues) (Entered: 05/31/2001)

May 29, 2001

May 29, 2001

7

ORDER denying [6-1] motion for reconsideration of [5-1] order , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 06/06/2001)

June 4, 2001

June 4, 2001

8

MOTION for leave to file Plaintiff's Report of the Meeting and Discovery/Case Management Plan by Equal Employment Opp Linda Gutierrez for plaintiff Equal Employment Opp, Motion Docket Date 6/27/01 [8-1] motion , filed. (drodrigues) (Entered: 06/07/2001)

June 7, 2001

June 7, 2001

9

Plaintiff's Report of Meeting and Joint Discovery/Case Management Plan by Equal Employment Opp , filed. (drodrigues) (Entered: 06/07/2001)

June 7, 2001

June 7, 2001

10

Initial pretrial conference held before Judge Janis Graham Jack Ct Reporter: Sylvia Syler Tape Number: 1. Case called. Appearances made by pltff only. Discussion of service upon deft. Court resets this IPTC for 7/9/01 at 1:15 p.m. Pltff is ordered to serve the deft with complaint and with the courts' forthcoming order. Adjourn. (drodrigues) (Entered: 06/11/2001)

June 8, 2001

June 8, 2001

11

ORDER reset scheduling conference for 1:15 7/9/01 before Judge Janis Graham Jack , entered; Plaintiff's counsel is ordered to include a copy of this order with the summons to the Defendant or, if the summons is in the course of being served, to forward a copy to Defendant as soon as feasible. Parties notified. ( signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 06/12/2001)

June 11, 2001

June 11, 2001

SUMMONS issued for Mike Williams, registered agent for Astoria Metal Corp (drodrigues) (Entered: 06/15/2001)

June 15, 2001

June 15, 2001

Deadline updated; reset scheduling conference for 1:15 7/23/01 before Judge Janis Graham Jack (drodrigues) (Entered: 07/11/2001)

July 9, 2001

July 9, 2001

13

RETURN OF SERVICE and affidavit executed as to Astoria Metal Corp 6/29/01 filed Answer due on 7/19/01 for Astoria Metal Corp (drodrigues) (Entered: 07/12/2001)

July 12, 2001

July 12, 2001

14

Scheduling conference held before Judge Janis Graham Jack Ct Reporter: Velma Gano Tape Number: 1. Case called. Appearances made, by pltff only. Service was executed on 6/29/01, upon Astoria Metal Corp. No answer on file. Court signs orders. (drodrigues) (Entered: 07/25/2001)

July 23, 2001

July 23, 2001

15

GENERAL ORDER , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 07/25/2001)

July 23, 2001

July 23, 2001

16

ORDER , entered; It is ordered that no later than the original date set for the filing of the Joint Pretrial Order, all parties shall pre-mark and exchange exhibits they intend to use during the course of trial. Parties notified. ( signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 07/25/2001)

July 23, 2001

July 23, 2001

17

ORDER FOR REFERRAL TO Mediation, entered. Parties ntfd. mediation deadline is 2/14/02 ( signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 07/25/2001)

July 23, 2001

July 23, 2001

18

ORDER granting [8-1] motion for leave to file Plaintiff's Report of the Meeting and Discovery/Case Management Plan , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 07/26/2001)

July 24, 2001

July 24, 2001

19

SCHEDULING ORDER setting Trial date 8:00 4/2/02 Docket call deadline 8:30 4/1/02 ; Pretrial order to be submitted on or before 3:00 3/22/02 ; Deadline for filing all dispositive motions 1/15/02 ; Joining of parties 7/31/01 ; Amending of pleadings 10/31/01 ; Discovery cutoff 1/31/02 ; before Judge Janis Graham Jack , entered. Parties notified. ( Signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 07/27/2001)

July 25, 2001

July 25, 2001

20

MOTION with affidavit in support for entry of default against Astoria Metal Corp by Equal Employment Opp, Motion Docket Date 8/22/01 [20-1] motion , filed (drodrigues) Modified on 08/16/2001 (Entered: 08/03/2001)

Aug. 2, 2001

Aug. 2, 2001

21

CLERK'S ENTRY OF DEFAULT as to Astoria Metal Corp, terminating [20-1] motion for entry of default against Astoria Metal Corp (drodrigues) (Entered: 08/28/2001)

Aug. 27, 2001

Aug. 27, 2001

22

MOTION for default judgment against Astoria Metal Corp by Equal Employment Opp Robert Christan Pittard for plaintiff Equal Employment Opp, Motion Docket Date 3/4/02 [22-1] motion , filed. (dterrell) (Entered: 02/13/2002)

Feb. 12, 2002

Feb. 12, 2002

23

BRIEF by Equal Employment Opp in support of [22-1] motion for default judgment against Astoria Metal Corp , filed. (dterrell) (Entered: 02/13/2002)

Feb. 12, 2002

Feb. 12, 2002

25

MOTION for entry of judgment of default against defendant order by Equal Employment Opportunity Commission Robert Christan Pittard for plaintiff Equal Employment Opp, Motion Docket Date 4/23/02 [25-1] motion , filed. (fmremp) (Entered: 04/03/2002)

April 3, 2002

April 3, 2002

26

TRANSCRIPT OF PROCEEDINGS of Initial Pretrial Conference for dates of July 23, 2001 before Judge Janis Graham Jack , filed. ( Court Rptr: Velma Gano) (fmremp) (Entered: 04/22/2002)

April 22, 2002

April 22, 2002

27

ORDER terminating [25-1] motion for entry of judgment of default against defendant order; granting [22-1] motion for default judgment against Astoria Metal Corp , entered; Copies mailed CM/RRR to Robert Pittard for Equal Employment Opportunity Commission and to Astoria Metal Corporation. Parties notified. ( signed by Judge Janis Graham Jack ) (srussell) (Entered: 06/06/2002)

June 4, 2002

June 4, 2002

28

JUDGMENT , entered; Defendant Astoria Metal Corporation shall pay Jimmy Hawkins, II, no later than 30 days after this judgment is entererd, the amount of $217,427.00 in certified funds or cashier's check. Copies mailed CM/RRR to Robert Pittard for Equal Employment Opportunity Commission and Astoria Metal Corporation. Parties notified. ( signed by Judge Janis Graham Jack ) (srussell) (Entered: 06/06/2002)

June 4, 2002

June 4, 2002

Case closed (srussell) (Entered: 06/18/2002)

June 4, 2002

June 4, 2002

MAIL RETURNED UNDELIVERABLE as to Astoria Metal Corp re: [27-1] order, [28-1] judgment order (srussell) (Entered: 06/18/2002)

June 17, 2002

June 17, 2002

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: April 18, 2001

Closing Date: June 4, 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

Astoria Metal Corporation, Private Entity/Person

Case Details

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:

Litigation

Amount Defendant Pays: 217427

Content of Injunction:

Neutral/Positive Reference

Issues

Discrimination-area:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits