•

•

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
NATIONWIDE HOUSING SYSTEMS, INC. Defendant

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§

§

Civil Action No.

§ §

COMPLAINT c- 00- }2~

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JURY TRIAL DEMAND

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NATURE OF ACTION

This is an action under the Age Discrimination in Employment Act, to correct unlawful

employment practices on the basis of age, and to provide appropriate relief to Mr. James Stovall,

an individual40 years of age or older who was qualified but was not hired for a General Manager

position. This complaint alleges that Nationwide Housing Systems, Inc., failed to hire a member of

the protected age group who was qualified externally for the General Manager position at its Corpus

Christi location.

JURISDICTION AND VENUE

1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337, 1343

and 1345. This action is authorized and instituted pursuant to Section 7(b) of the Age

Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §626(b) (the "ADEA''), which

incorporates by reference Sections 16(c) and 17 of the Fair Labor Standards Act of 1938 (the

"FLSA"), as amended, 29 U.S.C. §§216(c) and 217.

2. The employment practices alleged to be unlawful were committed within the

jurisdiction of the United States District Court for the Southern District of Texas, Corpus Christi

Division.

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PARTIES
3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of the ADEA, and is expressly authorized to bring this action by Section 7(b) of the ADEA, 29 U.S.C. §626(b), as amended by Section 2 ofReorganizationPlan No.1 of1978, 92 Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705.
4. At all relevant times, Defendant, Nationwide Housing Systems, Inc.("Nationwide"), has continuously been a Texas corporation doing business in the State of Texas and the City of Corpus Christi, and has continuously had at least 20 employees.
5. At all relevant times, Defendant Nationwide has continuously been an employer engaged in an industry affecting commerce within themeaningofSections 11(b), (g) and (h) ofthe ADEA, 29 U.S.C. §§630(b), (g) and (h).
CONCILIATION
6. Prior to institution of this lawsuit, the Commission's representative attempted to eliminate the unlawful employment practices alleged below and to effect voluntary compliance with the ADEA through inf01mal methods ofconciliation, conference, and persuasion within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
STATEMENT OF CLAIMS
7. On or about June 24, 1997, Defendant Nationwide engaged in unlawful employment practices at its Corpus Christi, Texas location in violation of §623(a)of the ADEA, 29 U.S.C. § 623(a). Such practices include Defendant Nationwide's failure to hire James Stovall, a protected age group member, as General Manager at its Corpus Christi location.
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8. The effect of the practices complained of in paragraph seven above has been to deprive James Stovall, a member ofthe protected age group, ofequal employment opportunities and to otherwise adversely affect his status as an employee because ofhis age.
9. The unlawful employment practices complained of in paragraph seven above were
and are willful within the meaning of Section 7(b) ofthe ADEA, 29 U.S.C. § 626(b), as evidenced
by the comments made by the Vice-President of the San Antonio Region, Charles Kearney concerning his search for a young man to fill the vacant General Manager position.
PRAYER FOR RELIEF
Wherefore, the Commission respectfully requests that this Court: A. Grant a pennanent injunction enjoining Defendant Nationwide, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in discriminatory hiring practices, from compelling its employees to participate in those practices, and from any other employment practice which discriminates on the basis ofage against individuals 40 years and older. B. Order Defendant Nationwide to institute and carry out policies, practices, and programs which provide equal employment opportunities for individuals 40 years ofage and older, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Nationwide to make whole James Stovall, a member ofthe protected age group who was adversely affected by the unlawful practices described above, by providing appropriate back pay, and equal sums as liquidated damages. Ifthe trier of fact should find that the unlawful employment practices complained ofwere not willful within the meaning of the ADEA,
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then the Commission respectfully requests that the Court grant awards ofprejudgment interest on the back pay awards.
D. Order Defendant Nationwide to make whole James Stovall, a member of the protected age group who was adversely affected by the unlawful practices described above, by providing the affirmative reliefnecessary to eradicate the effects ofits unlawful practices, including but not limited to rightful-place instatement or front pay in lieu thereof;
E. Grant such further relief as the Court deems necessary and proper in the public interest.
F. Award the Commission its costs of this action.
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint. Respectfully submitted, C. GREGORY STEWART General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
ROBERT B. HARWIN Regional Attorney
State Bar No. 076083
(District of Columbia)
LINDA GUTIERREZ Supervisory Trial Attorney
Texas State Bar No. 08642750 Southern District No. 14464
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Attorney Texas State Bar No. 00794465 Southern District No. 23449 EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION San Antonio District Office 5410 Fredericksburg Rd., Ste. 200 San Antonio, TX 78229-3555 (210) 281-7673 (210) 281-7669 FAX ATTORNEYS FOR PLAINTIFF
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 </s> IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS

CORPUS CHRISTI DIVISION

Uw~ultUetchleSmEtNaDtTeisEstRDriEicstDtroifctTce~~~

§

§

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION,

§

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Plaintiff,

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§

§

Vs.

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NATIONWIDE HOUSING SYSTEMS, INC.§

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Defendant.

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MAY 2 6 2000
N. Clerk of Court
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C.A. No. C-00-125

ORDER

On May 24, 2000, this Court attempted to hold an initial pretrial conference in the above-styled action. Plaintiff failed to appear for the conference. For the reasons stated below, the Court DISMISSES Plaintiff's action for want of prosecution.
The Supreme Court has recognized that 11 [t]he inherent powers of federal courts are those which are necessary to the exercise of all others. 11 Roadway Express, Inc. v. Piper, 447 U.S. 752, 764, 100 S.Ct. 2455, 2463 (1980). Federal courts have inherent powers necessary to achieve the orderly and expeditious disposition of their dockets, and to dismiss suits for want of

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prosecution. Fed.R.Civ.P. 41; Link v. Wabash Railroad Co., 370 U.S. 626, 630-32, 85 S.Ct. 1386, 1388-89 (1962); Sturgeon v. Airborne Freight Corp., 778 F.2d 1154, 1159 (5th Cir. 1985). "The authority of a court to dismiss sua sponte for lack of prosecution has generally been considered an 'inherent power,' governed not by rule or statute but by the control necessarily vested in courts to manage their own affairs so as to achieve the orderly and expeditious disposition of cases." Link, 370 U.S. at 632, 85 S.Ct. at 1388.
This Court FINDS that Plaintiff received notice of the date for the initial pretrial conference. The Court further finds that Plaintiff failed to contact the Court regarding its nonappearance. Thus, the Court FINDS that Plaintiff has failed adequately to prosecute this case.
For the foregoing reasons, the Court ORDERS that the abovestyled cause of action be DISMISSED.

ENTERED on this the

~
'iray of May,

TATES DISTRI JUDGE

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 </s> IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION

lgltuethdeSmEtaNDtTeissEtRDriEcistDtroifctTCexoausrt

§

MAY 2 6 2000

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EQUAL EMPLOYMENT OPPORTUNITY

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COMMISSION,

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1£ Milby, Clerk of Court

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Plaintiff,

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l_p.

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Vs.

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C.A. No. C-00-125

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NATIONWIDE HOUSING SYSTEMS, INC.§

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Defendant.

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FINAL JUDGMENT For the reasons stated in this Court's Order of May 24, 2000, the above-styled action is DISMISSED. This is a FINAL JUDGMENT.

SIGNED at Corpus Christi, Texas on this the day of May, 2000.

JACK STATES DISTR

JUDGE

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 </s> -

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION

United States DistrIct Court Southem DistrIct of Texas
FILED
DEC 26 2000

EQUAL EMPLOYMENT OPPORTUNITY

§

COMMISSION,

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Plaintiff,

§

Michael N. Milby. Clerk
~s·

v.

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ofT= Civil Action No. CA-OO-l~"'d States Distrf tC
lOiitrtem District

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NATIONWIDE HOUSING SYSTEMS, INC.

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ENTERED
JAN 1 0 206,

Defendant

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""lIUby,aaGl__

CONSENT DECREE

The parties to this Consent Decree are the Plaintiff, United States Equal Employment

Opportunity Commission ("EEOC"), and Defendant, Nationwide Housing Systems, Inc.

("Nationwide"). This Consent Decree resolves the allegations raised by the EEOC in the above-

referenced Civil Action No. C-OO-12S. The EEOC initiated this lawsuit under §623(a) of the

ADEA, 29 U.S.C. § 623(a), to correct alleged unlawful employment practices on the basis of age,

and to provide appropriate relief to James W. Stovall, who the EEOC maintains was adversely

affected by these alleged practices based on his age. The EEOC alleges that James W. Stovall was

subjected to unlawful discrimination when Nationwide failed to promote Stovall to the position of

general manager. Nationwide denies the allegations brought by the EEOC as alleged in the

Complaint filed in this Civil Action.

The EEOC and Nationwide wish to settle this action, without the risks, uncertainties and

expenses of continued litigation, under the terms in the Decree. Neither Nationwide's consent to

the entry of this Decree, nor any of the terms set forth in it, shall constitute or be construed as

Nationwide's admission of any ADEA violation.

IT IS ORDERED, ADJUDGED AND DECREED as follows:

-
1. This Court has jurisdiction of the subject matter of this action and the parties, venue is proper, and all administrative prerequisites to the EEOC's filing of this action have been met. The parties stipulate to the Court's jurisdiction.
2. This Decree is entered in full and complete settlement of all claims contained in this lawsuit. EEOC expressly reserves its right to process and litigate any other charges (other than EEOC Charge No. 36B 97 0273 filed by James W. Stovall against Nationwide) which may now be pending or may in the future be filed against Defendant Nationwide.
3. The duration of this Decree shall be two years from the date of its filing with the Court. This Court shall retain jurisdiction of this action during the period of this Decree and may enter further orders or modifications as may be appropriate.
4. Defendant Nationwide is enjoined from engaging in any employment practice which discriminates on the basis of age, including, but not limited to promotion.
5. Within one (1) year of the date of entry of this Decree, one of Nationwide's human resources personnel, general counsel, or an attorney from the law offices of the Ashcraft Law Firm, P.C., shall provide EEO training to the regional manager and all general managers in Region 18 (consisting of the sales centers in Boerne, Corpus Christi, New Braunfels, and Seguin) of the South Division of Defendant Nationwide. The training shall: (a) explain that age discrimination is unlawful; (b) instruct what conduct may constitute age discrimination; and (c) explain the damaging effects of age discrimination to victims, their families, their co-workers, and the workplace environment. Within 20 days after the EEO training has been completed, Nationwide shall provide to the EEOC a written report identifying each individual who attended this training and the date(s) and time of attendance. This training may be conducted in conjunction with previously scheduled conferences or training.
2

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6. Defendant Nationwide agrees to post a notice, for at least the duration of this Decree,

of its intent to comply with the ADEA. This notice is set forth in Exhibit "A," which is attached to

this Decree. Nationwide agrees to post a copy of Exhibit "A" in a conspicuous place III

Nationwide's sales center in Corpus Christi, Texas, within ten days after this Decree is entered.

7. Defendant Nationwide, in settlement of this dispute, shall pay to James W. Stovall,

the sum total of $6,500.00 (SIX THOUSAND, FIVE HUNDRED AND 00/1 00), including all legal

deductions. Payment shall be mailed directly to, James W. Stovall, Rt. 7, Box 860, Livingston,

Texas 77351, within 14 days of the Court entering this Decree. A copy of the settlement check and

any accompanying transmittal documents shall be forwarded to the EEOC to the attention of Robert

B. Harwin, Regional Attorney, 5410 Fredericksburg Road, Suite 200, San Antonio, Texas 78229.

8. The terms of this Decree shall be binding upon the EEOC and Defendant

Nationwide, its agents, officers, employees, servants, successors, and assigns, as to the issues

resolved herein.

9. The parties to this Decree shall bear their own costs and attorney's fees incurred in

this action. The parties agree that there is no "prevailing p y" in this action or proceeding.

21'"/ L. _ J

I

SO ORDERED AND ENTERED

day of

,~~.o I

Respectfully submitted,

C. GREGORY STEWART General Counsel

GWENDOLYN YOUNG REAMS

Associate General Counsel

ht &u1J.~~u~v ~~

3 ROBERT B. HARWIN

~

fi)~O. {1yt~ "
(t1~w0~ ,,') WILLIAM O. ASHCRAFTW-w rv.d.NJJ.J
Attorney-in-Charge
Texas State Bar No. 01372800
Southern District No. 11654

Supervisory Trial Attorney Texas State Bar No. 08642750
Southern District No. J44 4)
l/" /'
R. Atto ey-in-Charge Texas State Bar No. 00794465 Southern District No. 23449

ANITA M. ALESSANDRA Texas State Bar No. 00988000 Southern District No. 13936
ASHCRAFT LAW FIRM 8750 North Central Expressway Suite 1070 Dallas, Texas 75231 Telephone: (214) 987-0660 Telecopier: (214) 987-3847

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Antonio District Office 5410 Fredericksburg Rd., Suite 200 San Antonio, Texas 78229-3555 Telephone: (210) 281-7636 Telecopier: (210) 281-7669
ATTORNEYS FORPLAINTnF

and

TOM M. HARRISON Texas State Bar No. 09122300 Southern District No. 1891 ROXANA V. SmA Texas State BarNo. 00785146 Southern District No. 15608

HORNBLOWER, MANNING & WARD, P.C. 711 N. Carancahua, Suite 1810 Corpus Christi, Texas 78475 Telephone: (361) 888-8041 Telecopier: (361) 888-8222

ATTORNEYS FOR DEFENDANT

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NOTICE TO ALL EMPLOYEES
NATIONWIDE HOUSING SYSTEMS, INC. SUPPORTS FEDERAL LAW REQUIRING THERE BE NO DISCRIMINATION AGAINST ANY APPLICANT OR EMPLOYEE BECAUSE OF HIS OR HER RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION, AGE OR DISABILITY AND REAFFIRMS ITS COMMITMENT NOT TO DISCRIMINATE AGAINST ANY APPLICANT OR EMPLOYEE ON ANY TERM OR CONDITION OF EMPLOYMENT.
NATIONWIDE HOUSING SYSTEMS, INC. WILL NOT DISCRIMINATE AGAINST ANY EMPLOYEE FOR OPPOSING EMPLOYMENT DISCRIMINATION OR FOR FILING OR PARTICIPATING IN A CHARGE OF EMPLOYMENT DISCRIMINATION.
IF YOU BELIEVE YOU ARE BEING DISCRIMINATED AGAINST IN ANY TERM OR CONDITION OF YOUR EMPLOYMENT BECAUSE OF YOUR RACE, RELIGION, COLOR, NATIONAL ORIGIN, SEX, AGE, OR DISABILITY, OR THAT YOU ARE BEING SUBJECTED TO HARASSMENT BECAUSE OF YOUR AGE OR HAVING ENGAGED IN ADEA-PROTECTED ACTIVITY, YOU ARE ENCOURAGED TO SEEK ASSISTANCE FROM SUPERVISORY PERSONNEL, THE HUMAN RESOURCES DEPARTMENT, 2450 SOUTH SHORE BOULEVARD, SUITE 300, LEAGUE CITY, TEXAS 77573, (281) 334-9700. YOU MAY ALSO SEEK ASSISTANCE FROM THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, 5410 FREDERICKSBURG ROAD, SUITE 200, SAN ANTONIO, TEXAS 78229-3550, (210) 281-7600 OR 1800-669-4000.
NO RETALIATORY ACTION MAY BE TAKEN AGAINST YOU FOR SEEKING ASSISTANCE, FILING A CHARGE, OR COMMUNICATING WITH THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.
EEOC ENFORCES TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, WHICH PROHIBITS EMPLOYMENT DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX OR NATIONAL ORIGIN; THE AGE DISCRIMINATION IN EMPLOYMENT ACT; THE EQUAL PAY ACT; PROHIBITIONS AGAINST DISCRIMINATION AFFECTING INDIVIDUALS WITH DISABILITIES; SECTIONS OF THE CIVIL RIGHTS ACT OF 1991, AND TITLE I OF THE AMERICANS WITH DISABILITIES ACT, WHICH PROHIBITS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES IN THE PRIVATE SECTOR AND STATE AND LOCAL GOVERNMENTS.
EXHIBIT "A"
5

 </s> IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION

United States District Court Southern District of Texas
ENTERED
JAN 1 0 2001
MIchael N; Milby, adDI_

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
NATIONWIDE HOUSING SYSTEMS, INC. Defendant

§

§

§

§

Civil Action No. CA-OO-125

§

§

§

§

FINAL JUDGMENT ORDER ENTERING CONSENT DECREE On this day came on to be heard the parties' Joint Motion to Enter Consent Decree. After reviewing the Consent Decree, the Court finds that all issues in the Complaint have been disposed of, that the parties are in agreement, and that the Consent Decree should be entered. The Court shall retain jurisdiction to enforce the terms and conditions as set forth in the Consent Decree, which is attached to the parties' Joint Motion to Enter Consent Decree. It is therefore ordered that the Consent Decree is hereby entered.
J J-iu Signed this ~ -rAday of ~, ~I

CK DISTRICT JUDGE

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CLOSED, MEDIATION
U.S. District Court SOUTHERN DISTRICT OF TEXAS (Corpus Christi)
CIVIL DOCKET FOR CASE #: 2:00-cv-00125

Equal Employment Opp v. Nationwide Housing S Assigned to: Judge Janis Graham Jack Demand: $0 Cause: 28:1331 Fed. Question: Employment Discrimination

Date Filed: 03/28/2000 Date Terminated: 05/24/2000 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opp Equal Employment Opportunity Commission

represented by Robert B Harwin EEOC 5410 Fredericksburg Rd Ste 200 San Antonio, TX 78229-3555 210-229-4830 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Linda Gutierrez EEOC 5410 Fredericksburg Rd Ste 200 San Antonio, TX 78229-3555 210-281-7637 Fax: 210-281-7669 fax ATTORNEY TO BE NOTICED

Robert Christan Pittard 5710 IH-10 W San Antonio, TX 78201 210-734-3599 Fax: 210-734-2730 ATTORNEY TO BE NOTICED

V. Defendant Nationwide Housing Systems, Inc.

represented by William O Ashcraft Ashcraft Law Firm 325 N St Paul St Ste 3900 Dallas, TX 75201 214-987-0612 Fax: 214-987-3847

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Interested Party HSTR Retail Holdings, Inc.
Interested Party American Homestar Corporation

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Anita Marie Alessandra Ashcraft Law Firm 325 N St Paul St Ste 3900 Dallas, TX 75201 214-987-0660 Fax: 214-987-3847 Email: ama@ashcraftlawfirm.com
Roxana Venecia 711 N. Carancahua Ste 1800 Corpus Christi, TX 78475 361-888-8041 Fax: 361-888-8222 fax Email: roxanavenecia@hmwpc.com ATTORNEY TO BE NOTICED
Tom M Harrison Hornblower Manning et al 711 N Carancahua Ste 1800 Corpus Christi, TX 78475 361-888-8041 Fax: 361-888-8222 fax Email: tomharrison@hmwpc.com
represented by HSTR Retail Holdings, Inc. Unknown address PRO SE
represented by American Homestar Corporation Unknown address PRO SE

Date Filed 03/27/2000 03/27/2000

#

Docket Text

1 COMPLAINT by Equal Employment Opp filed; (drodrigues) Modified on 05/09/2000 (Entered: 03/28/2000)
2 ORDER FOR CONFERENCE AND DISCLOSURE OF INTERESTED PARTIES set scheduling conference for 1:15 5/24/00 before Judge Janis Graham Jack , entered; Parties notified. (drodrigues) (Entered: 03/28/2000)

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05/08/2000 05/24/2000 05/24/2000 05/24/2000 05/24/2000 06/01/2000 06/02/2000 06/02/2000 06/08/2000 06/12/2000 06/20/2000 06/20/2000 06/20/2000
06/22/2000
06/22/2000 06/22/2000

3 CERTIFICATE OF PLAINTIFF REGARDING FINANCIAL INTEREST by Equal Employment Opp filed. (drodrigues) (Entered: 05/08/2000)
4 Initial Pretrial conference held before Judge Janis Graham Jack Ct Reporter: Velma Gano Tape Number: 3. Case called. Neither party is present. Case dismissed for failure to prosecute. (drodrigues) (Entered: 05/26/2000)
5 ORDER OF DISMISSAL , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 05/26/2000)
6 FINAL JUDGMENT , entered. Parties ntfd. ( signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 05/26/2000)
Case closed (drodrigues) (Entered: 05/26/2000)
7 WAIVER OF SERVICE Returned Executed as to Nationwide Housing S 5/2/00 , filed. (drodrigues) (Entered: 06/05/2000)
8 ANSWER to Complaint by Nationwide Housing S (Added attorney William O Ashcraft, Anita Marie Alessandra), filed. (drodrigues) (Entered: 06/06/2000)
9 MOTION for reinstatement by Equal Employment Opp Robert Christan Pittard for plaintiff Equal Employment Opp, Docket Date 6/22/00 [9-1] motion , filed. (drodrigues) (Entered: 06/06/2000)
10 ORDER striking [7-1] executed service , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 06/09/2000)
11 NOTICE of Hearing: Motion hearing set for 4:00 6/20/00 for [9-1] motion for reinstatement before Judge Janis Graham Jack , filed. (drodrigues) (Entered: 06/13/2000)
12 EXPEDITED RESPONSE by Nationwide Housing S to [9-1] motion for reinstatement , filed. (drodrigues) (Entered: 06/20/2000)
13 DESIGNATION OF LOCAL COUNSEL OF RECORD by Nationwide Housing S designating Roxana Venecia Shia, Tom M Harrison as attorneys of record, filed. (drodrigues) (Entered: 06/20/2000)
14 Motion hearing re: [9-1] motion for reinstatement Motion hearing held; Ct Reporter: Velma Gano Tape Number: 2. Case called. Appearances made. Discussion and arguments heard. Recess. Plaintiff request a continuance, re: negotiations of settlement. Defense requests denial of pltff's motion to reinstate. Court resets this matter for 6/22/00 at 10:30 a.m., by telephone conference call. Pltff to initiate call. (drodrigues) (Entered: 06/21/2000)
15 Motion hearing re: [9-1] motion for reinstatement Ct Reporter: Velma Gano Tape Number: 1. Case called. Appearances made. Parties state they failed to come to an agreement. Court grants ptff's motion to re-instate and set IPTC for 7/6/00 1:15. (drodrigues) (Entered: 06/23/2000)
Deadline updated; set initial pretrial conference for 7/6/00 before Judge Janis Graham Jack (drodrigues) (Entered: 06/23/2000)
ORAL ORDER of Judge Janis Graham Jack granting [9-1] motion for reinstatement (drodrigues) (Entered: 06/23/2000)

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06/22/2000 06/26/2000 06/26/2000 06/26/2000 07/05/2000 07/06/2000 07/06/2000 07/06/2000
07/06/2000 07/06/2000 07/06/2000
07/06/2000
07/06/2000 07/06/2000

16 ORDER granting [9-1] motion for reinstatement set parties shall file their joint discovery/case management plan by 7/5/00 , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 06/26/2000)
17 MOTION for R. Jeffrey Worth to appear pro hac vice , Motion Docket Date 7/16/00 [17-1] motion , filed. (drodrigues) (Entered: 06/26/2000)
18 CERTIFICATE REGARDING FINANCIAL INTEREST by Nationwide Housing S , filed. (drodrigues) (Entered: 06/26/2000)
19 ORDER granting [17-1] motion for R. Jeffrey Worth to appear pro hac vice , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 06/29/2000)
20 JOINT REPORT OF MEETING OF COUNSEL AND JOINT DISCOVERY/Case Management Plan by Equal Employment Opp, Nationwide Housing S , filed. (drodrigues) (Entered: 07/05/2000)
21 MOTION and brief in support for sanctions by Nationwide Housing S, Motion Docket Date 7/26/00 [21-1] motion , filed (drodrigues) (Entered: 07/06/2000)
22 RESPONSE by Equal Employment Opp to [21-1] motion for sanctions , filed. (drodrigues) (Entered: 07/06/2000)
23 Initial Pretrial conference held before Judge Janis Graham Jack Ct Reporter: Velma Gano Tape Number: 4. Case called. Parties present. Pltff files amended response to defts' motion for sanctions. Argument heard. Court grants sanctions. Discussion of case matters. Court signs orders. Discussion of discovery issues. Adjourn. (drodrigues) Modified on 07/07/2000 (Entered: 07/07/2000)
24 AMENDED RESPONSE by Equal Employment Opp to [21-1] motion for sanctions , filed. (drodrigues) (Entered: 07/07/2000)
ORAL ORDER of Judge Janis Graham Jack granting [21-1] motion for sanctions (drodrigues) (Entered: 07/07/2000)
25 SCHEDULING ORDER setting Trial date 8:00 4/3/01 Docket call deadline 8:30 4/2/01 ; Pretrial order to be submitted on or before 3:00 3/23/01 ; Deadline for filing all dispositive motions 1/17/01 ; Joining of parties 7/31/00 ; Amending of pleadings 10/31/00 ; Discovery cutoff 1/31/01 ; before Judge Janis Graham Jack , entered. Parties notified. ( Signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 07/07/2000)
26 ORDER , entered; 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: 07/07/2000)
27 ORDER FOR REFERRAL TO Mediation, entered. Parties ntfd. mediation deadline is 1/12/01 ( signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 07/07/2000)
28 GENERAL ORDER , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 07/07/2000)

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07/14/2000 07/24/2000 07/29/2000 08/09/2000 08/24/2000
08/31/2000
08/31/2000 10/03/2000 10/05/2000 10/16/2000 10/16/2000 10/19/2000 10/25/2000 10/25/2000 10/27/2000

29 INITIAL DISCLOSURE by Equal Employment Opp , filed. (fmremp) (Entered: 07/18/2000)
30 Unopposed MOTION to extend time for payment of sanctions by Equal Employment Opp Robert Christan Pittard for plaintiff Equal Employment Opp, Motion Docket Date , filed. (fmremp) (Entered: 07/27/2000)
31 ORDER granting [30-1] motion to extend time for payment of sanctions , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (mserpa) (Entered: 08/01/2000)
32 INITIAL DISCLOSURE by Nationwide Housing S , filed. (drodrigues) (Entered: 08/11/2000)
33 ORDER granting [21-1] motion for sanctions , entered; The Court orders plaintiff EEOC to pay to Defendant the sum of $750 no later than 30 days after the date of entry of this order. Parties notified. ( signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 08/28/2000)
34 SUPPLEMENTAL UNOPPOSED MOTION to extend time for payment of sanctions by Equal Employment Opp Robert Christan Pittard for plaintiff Equal Employment Opp, Docket Date [34-1] motion , filed. (drodrigues) (Entered: 08/31/2000)
35 ORDER granting [34-1] motion to extend time for payment of sanctions set payment of sanctions due for 10/27/00 , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 09/05/2000)
36 UNOPPOSED MOTION for leave to file First Amended Answer by Nationwide Housing S William O Ashcraft for defendant Nationwide Housing S, Motion Docket Date [36-1] motion , filed. (drodrigues) (Entered: 10/04/2000)
37 ORDER striking [36-1] motion for leave to file First Amended Answer , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 10/10/2000)
38 Unopposed MOTION for leave to file First Amended Answer by Nationwide Housing S William O Ashcraft for defendant Nationwide Housing S, Motion Docket Date , filed. (fmremp) (Entered: 10/18/2000)
39 FIRST AMENDED ANSWER to Complaint by Nationwide Housing S : amends [8-1] answer , filed. (fmremp) (Entered: 10/18/2000)
40 ORDER striking [38-1] motion for leave to file First Amended Answer , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 10/24/2000)
41 UNOPPOSED MOTION for leave to file First Amended Answer by Nationwide Housing S William O Ashcraft for defendant Nationwide Housing S, Motion Docket Date , filed. (drodrigues) (Entered: 10/26/2000)
42 AMENDED ANSWER to Complaint by Nationwide Housing S : amends [8-1] answer , filed. (drodrigues) (Entered: 10/26/2000)
43 ORDER granting [41-1] motion for leave to file First Amended Answer , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (drodrigues) (Entered:

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DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?311900273429341-L_3...

12/26/2000 01/02/2001 01/05/2001
02/12/2001

10/31/2000)
44 JOINT MOTION to enter consent decree by Equal Employment Opp, Nationwide Housing S , filed (drodrigues) (Entered: 12/27/2000)
45 CONSENT DECREE, entered; parties to bear own costs and attorney's fees incurred in this action. Parties agree there is no "prevailing party" in this action or proceeding. Parties notified ( signed by Judge Janis Graham Jack ) (fmremp) (Entered: 01/10/2001)
46 FINAL JUDGMENT granting [44-1] joint motion to enter consent decree, entered. Court shall retain jurisdiction to enforce terms and conditions as set forth in Consent Decree, attached to parties' Joint Motion to Enter Consent Decree. Therefore ordered that Consent Decree is hereby entered. Parties ntfd. ( signed by Judge Janis Graham Jack ) (fmremp) (Entered: 01/10/2001)
47 SUGGESTION OF BANKRUPTCY by Nationwide Housing S , filed. (drodrigues) (Entered: 02/13/2001)

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05/29/2007 10:52:09

PACER Login: hs0328

Client Code: eeoc

Description: Docket Report Search Criteria: 2:00-cv-00125

Billable Pages: 3

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[CONTENT] San Antonio | EEOC | the U.S. District Court | the Southern District | Texas | Nationwide Housing Systems ||| March 2000 | the Age Discrimination | Defendant ||| July 2000 | January 2001 ||| two years | Defendant | Defendant | 6,500 [SUMMARY] The San Antonio office of the EEOC brought this action in the U.S. District Court for the Southern District of Texas, against Nationwide Housing Systems, Inc. The complaint, filed in March 2000, alleged age discrimination in violation of the Age Discrimination in Employment Act; specifically that Defendant failed to hire the charging party because of his age (over 40). 

The case was referred to mediation in July 2000 and in January 2001 the parties entered into a consent decree. The decree, which was valid for two years, enjoined Defendant from discriminating against its employees based on their age, and required Defendant to pay the charging party $6,500, provide EEO training for its employees, and post a notice of non-discrimination at its facility.

