Case: United States v. Beaumont Housing Authority

1:96-cv-00070 | U.S. District Court for the Eastern District of Texas

Filed Date: Feb. 1, 1996

Closed Date: 1998

Clearinghouse coding complete

Case Summary

On February 1, 1996, the United States Department of Justice ("DOJ") filed an employment discrimination lawsuit in the U.S. District Court for the Eastern District of Texas against the Beaumont Housing Authority (BHA), under Title VII, 42 U.S.C. § 2000e et seq. According to the DOJ press release of October 14, 1997, the DOJ alleged that the defendant discriminated on the basis of race in hiring and promotion.On the same day, the parties jointly moved the court for provisional entry of a consent…

On February 1, 1996, the United States Department of Justice ("DOJ") filed an employment discrimination lawsuit in the U.S. District Court for the Eastern District of Texas against the Beaumont Housing Authority (BHA), under Title VII, 42 U.S.C. § 2000e et seq. According to the DOJ press release of October 14, 1997, the DOJ alleged that the defendant discriminated on the basis of race in hiring and promotion.

On the same day, the parties jointly moved the court for provisional entry of a consent decree. On February 20, 1996, the District Court (Judge Thad Heartfield) granted the motion for provisional entry and set the date for a fairness hearing.

On April 18, 1996, the court ordered final entry of the consent decree following a fairness hearing. Under the consent decree, the defendant was required to take steps to comply with the law and was barred from taking retaliatory action against any person who reports discriminatory conduct.

On February 11, 1997, the DOJ moved the court to reopen the case for supplemental relief. On February 26, 1997, the motion was denied. On March 31, 1997, the DOJ moved the court to find the defendant in contempt for terminating an employee in violation of the consent decree. The contempt motion asserted that that an employee of the defendant was terminated because she reported another employee's allegation of sexual harassment by a supervisor. The DOJ also sought consolidation with a related case. On July 17, 1997, the motion to consolidate was granted.

On October 9, 1997, the case was referred to mediation. On October 16, 1997, the court entered a supplemental consent decree. According to the DOJ press release on October 14, 1997, under the terms of the settlement, the defendant agreed to pay the harmed employee approximately $30,000 in monetary relief in exchange for release all of her claims against the BHA. The agreement permitted the DOJ to increase its monitoring of the defendant's personnel practices. The defendant agreed to increase training for all employees regarding federal anti-discrimination laws, and procedures for handling employees' reports of sexual harassment. The parties agreed to a two-year extension on the life of the original consent decree

On October 24, 1997, the defendant moved the court to sever the consolidated case. On November 17, 1997, the court denied the defendant's motion to sever.

On January 10, 1998, the court entered the final judgment that the plaintiff from the consolidated case shall recover nothing from the defendant.

This case is closed.

Summary Authors

Kaitlin Corkran (4/5/2008)

Zhandos Kuderin (7/10/2014)

People

Documents in the Clearinghouse

1:96-cv-00070

Docket [PACER]

United States v. Beaumont Housing

June 18, 2003

June 18, 2003

Docket

1:96-cv-00070

Agreement Reached to Resolve Contempt Proceeding Against the Housing Authority of Beaumont, Texas

No Court

Oct. 14, 1997

Oct. 14, 1997

Press Release

Docket

Last updated March 24, 2025, 8:06 a.m.

ECF Number Date Description Link
1 Feb. 1, 1996

Original Complaint filed (bst) (Entered: 02/01/1996)

PACER
2 Feb. 1, 1996

MOTION by USA, Beaumont Housing conditional entry of consent decree , & for a fairness Hearing (bst) (Entered: 02/01/1996)

PACER
3 Feb. 2, 1996

In compliance with Article One of the Civil Justice Expense and Delay Reduction Plan, and after a review of the pleadings, this action has been assigned to track 3 for case management purposes. (bst) (Entered: 02/02/1996)

PACER
33 Feb. 7, 1996

Letter from USA to TH regarding a description of the procedures followed by the civil rights division in settling by consent decree. (jmv) (Entered: 08/29/1997)

PACER
5 Feb. 20, 1996

ORDER granting [2-1] motion for conditional entry of consent decree subject to final approval and entry by the Court after a fairness hearing set for 4/18/96 at 9:00. Order granting [2-2] motion for a fairness hearing (signed by Judge Thad Heartfield) cc attys 2-22-96 (tkd) (Entered: 02/22/1996)

PACER
4 Feb. 21, 1996

Notice of Hearing: Motion hearing set for 9:00 4/18/96 for [2-1] motion conditional entry of consent decree, set for 9:00 4/18/96 for [2-2] motion for a fairness Hearing mailed to attys on 2/21/96 (former empl) (Entered: 02/21/1996)

PACER
6 April 18, 1996

Minutes Re: [0-0] fairness hearing by Judge Thad Heartfield on 4/18/96 (former empl) (Entered: 04/18/1996)

PACER
April 18, 1996

Fairness hearing held re: [2-1] motion conditional entry of consent decree, [2-2] motion for a fairness Hearing before Judge Thad Heartfield. The Court approved the consent decree (former empl) (Entered: 04/18/1996)

PACER
8 Feb. 11, 1997

MOTION by USA to reopen case for the purpose of obtaining supplemental relief (bjc) (Entered: 02/12/1997)

PACER
9 Feb. 11, 1997

Brief by USA in support of [8-1] motion to reopen case for the purpose of obtaining supplemental relief (bjc) (Entered: 02/12/1997)

PACER
10 Feb. 24, 1997

Response and opposition by Beaumont Housing to govt's [8-1] motion to reopen case (bjc) (Entered: 02/25/1997)

PACER
11 Feb. 24, 1997

Memorandum in opposition by Beaumont Housing in support of [10-1] response to govt's [8-1] motion to reopen case (bjc) (Entered: 02/25/1997)

PACER
12 Feb. 26, 1997

ORDER denying [8-1] motion to reopen case for the purpose of obtaining supplemental relief (signed by Judge Thad Heartfield) cc: attys 2/26/97 (bjc) (Entered: 02/26/1997)

PACER
13 March 31, 1997

MOTION by USA for contempt for violating the 4/18/96 consent decree (bjc) (Entered: 03/31/1997)

PACER
14 March 31, 1997

Brief by USA in support of [13-1] motion for contempt for violating the 4/18/96 consent decree (bjc) (Entered: 03/31/1997)

PACER
18 March 31, 1997

MOTION by USA to consolidate case w/ 1:97cv84 (original doc in 1:97cv84) (bjc) (Entered: 06/19/1997)

PACER
19 March 31, 1997

Brief by USA in support of [18-1] motion to consolidate case w/ 1:97cv84 (original doc in 1:97cv84) (bjc) (Entered: 06/19/1997)

PACER
15 April 9, 1997

Reply by Beaumont Housing to USA's [13-1] motion for contempt for violating the 4/18/96 consent decree (bjc) (Entered: 04/10/1997)

PACER
16 April 9, 1997

Reply memorandum by Beaumont Housing in support of [15-1] response to USA's [13-1] motion for contempt (bjc) (Entered: 04/10/1997)

PACER
20 April 9, 1997

Response in opposition by Beaumont Housing to pla's [18-1] motion to consolidate case w/ 1:97cv84 (original doc in 1:97cv84) (bjc) Modified on 06/19/1997 (Entered: 06/19/1997)

PACER
21 April 9, 1997

Memorandum by Beaumont Housing in support of [20-1] response in oppositon to pla's [18-1] motion to consolidate (bjc) (Entered: 06/19/1997)

PACER
17 June 16, 1997

Notice of Hearing: Motion hearing set for 10:00 7/10/97 for [13- 1] motion for contempt for violating the 4/18/96 consent decree before Thad Heartfield cc: TH, Cooper, Martin, Libman, Patrick, Bradford, Dodd 6/16/97 (bjc) Modified on 06/16/1997 (Entered: 06/16/1997)

PACER
22 June 26, 1997

ORDER regarding preliminary matters raised by the motion for comtempt, the motion to consolidated and the responses to these motions (signed by Judge Thad Heartfield 6/25/97) cc: attys 6/30/97 (bjc) (Entered: 06/30/1997)

PACER
36 July 1, 1997

Notice of attorney appearance for Debra Kay Marshall by Christopher Matthew Parks (bjc) Modified on 10/15/1997 (Entered: 09/15/1997)

PACER
23 July 7, 1997

Supplemental brief by USA in support of [13-1] motion for contempt for violating the 4/18/96 consent decree (bjc) (Entered: 07/07/1997)

PACER
24 July 7, 1997

Supplemental Brief for issues involving the scope of the consent decree and remedies available predicated upon the concept of contempt filed by Beaumont Housing (bjc) (Entered: 07/08/1997)

PACER
25 July 8, 1997

Response by Beaumont Housing to brief in support of United States' [18-1] motion to consolidate case w/ 1:97cv84 (bjc) (Entered: 07/09/1997)

PACER
26 July 10, 1997

Court Exhibit list (jmv) (Entered: 07/11/1997)

PACER
27 July 10, 1997

Minutes Re: [0-0] motion hearing by Judge Thad Heartfield on 7/10/97 (Ct rep/ECRO: J.Kelley) (jmv) (Entered: 07/11/1997)

PACER
July 10, 1997

Motion hearing held re: [13-1] motion for contempt for violating the 4/18/96 consent decree, [18-1] motion to consolidate case w/ 1:97cv84 before Judge Thad Heartfield. Court entered Court Exhibit 1 - Agenda for Hearing. Parties state arguments. Court grants motion to consolidate cases. Court sets case on Track 5. Trial set for 11/18/97. Parties to submit proposed docket control order. (jmv) (Entered: 07/11/1997)

PACER
28 July 15, 1997

Minutes Re: [0-0] status conference by Judge Thad Heartfield on 7/15/97 (Ct rep/ECRO: J. Kelley) (jmv) (Entered: 07/16/1997)

PACER
July 15, 1997

Status conference held before Judge Thad Heartfield. Court addresses motion to consolidate. Court will consolidate cases. Court will grant parties leave to file a motion to sever after discovery. Court will enter a written order. (jmv) (Entered: 07/16/1997)

PACER
29 July 17, 1997

ORDER granting [18-1] motion to consolidate. Ordered that this case be consolidated w/ case 1:97cv84 (signed by Judge Thad Heartfield 7/16/97) cc: attys 7/23/97 (bjc) (Entered: 07/23/1997)

PACER
30 July 17, 1997

ORDER, reassigning this action to track 5 for case management purposes and setting pretrial conference for 11/18/97 before Judge Thad Heartfield . The parties are to file a proposed docket control or by 8/4/97 (signed by Judge Thad Heartfield 7/16/97) cc: attys 7/23/97 (bjc) (Entered: 07/23/1997)

PACER
31 Aug. 15, 1997

Agreed MOTION by USA, Beaumont Housing for protective order (bjc) (Entered: 08/18/1997)

PACER
32 Aug. 20, 1997

Amended Docket Control Order setting deadline for plas attys to contact the ct by 10/1/97 w/ the name of an agreed mediator (signed by Judge Thad Heartfield) cc: attys 8/20/97 (bjc) (Entered: 08/20/1997)

PACER
34 Sept. 3, 1997

ORDER denying [31-1] motion for protective order (signed by Judge Thad Heartfield 9/2/97) cc: attys 9/4/97 (bjc) (Entered: 09/04/1997)

PACER
35 Sept. 8, 1997

Notice of initial disclosure by USA (bjc) (Entered: 09/09/1997)

PACER
37 Sept. 17, 1997

Unopposed MOTION by Debra Kay Marshall to amend [32-1] amended docket control ord (bjc) (Entered: 09/18/1997)

PACER
38 Sept. 19, 1997

Second Amended Docket Control Order setting trial on 11/18/97. The Ct direct the attys for the plas to contact the ct by 10/1/97 w/ the name of an agreed mediator (signed by Judge Thad Heartfield) cc: attys 9/22/97 (bjc) (Entered: 09/22/1997)

PACER
39 Sept. 19, 1997

ORDER granting [37-1] motion to amend [32-1] amended docket control ord (signed by Judge Thad Heartfield) cc: attys 9/22/97 (bjc) (Entered: 09/22/1997)

PACER
40 Sept. 26, 1997

Second MOTION by Beaumont Housing to substitute atty Christopher T Coco and Zona Jones in place of George Michael Jamail (bjc) (Entered: 09/26/1997)

PACER
41 Oct. 2, 1997

MOTION by Beaumont Housing, Debra Kay Marshall for leave to file agreed mo for extension of 2nd amended docket control ord (bjc) (Entered: 10/06/1997)

PACER
42 Oct. 3, 1997

MOTION by Debra Kay Marshall for leave to file second amended cmp and to add parties (bjc) (Entered: 10/06/1997)

PACER
43 Oct. 6, 1997

Original Answer to pla's 1st amended original complaint by Beaumont Housing (Mailed track assignment and consent form to atty Christopher CoCo) (bjc) (Entered: 10/06/1997)

PACER
45 Oct. 9, 1997

Notice of objections to pla's designation of expert witness by Beaumont Housing (bjc) (Entered: 10/14/1997)

PACER
46 Oct. 9, 1997

Notice of third supplemental disclosure by Beaumont Housing (bjc) (Entered: 10/14/1997)

PACER
47 Oct. 9, 1997

ORDER granting [40-1] mo to substitute atty Christopher T Coco and Zona Jones in place of George Michael Jamail (signed by Judge Thad Heartfield) cc: attys 10/14/97 (bjc) (Entered: 10/14/1997)

PACER
48 Oct. 10, 1997

Motion by Beaumont Housing, Debra Kay Marshall for extension of 2nd amended docket control ord (bjc) (Entered: 10/15/1997)

PACER
51 Oct. 10, 1997

ORDER granting [41-1] mo for leave to file agreed mo for extension of 2nd amended docket control ord, and [48-1] mo for extension of 2nd amended docket control ord. The deadline for completion of discovery is extended until 10/31/97 (signed by Judge Thad Heartfield) cc: attys 10/14/97 (bjc) (Entered: 10/15/1997)

PACER
49 Oct. 14, 1997

Response by Beaumont Housing to pla's [42-1] mo for leave to file second amended cmp (bjc) (Entered: 10/15/1997)

PACER
49 Oct. 14, 1997

MOTION by Beaumont Housing to continue trial and for discovery (bjc) (Entered: 10/15/1997)

PACER
50 Oct. 14, 1997

Joint MOTION by USA, Beaumont Housing for entry of supplemental consent decree (bjc) (Entered: 10/15/1997)

PACER
52 Oct. 16, 1997

ORDER granting [50-1] motion for entry of supplemental consent decree (signed by Judge Thad Heartfield) cc parties 10/17/97 (bsw) (Entered: 10/17/1997)

PACER
53 Oct. 16, 1997

Supplemental Consent Decree (signed by Judge Thad Heartfield) cc parties 10/17/97 (bsw) (Entered: 10/17/1997)

PACER
54 Oct. 17, 1997

Response by Debra Kay Marshall to dft's [49-1] mo to continue trial and [49-2] mo for discovery (bjc) (Entered: 10/20/1997)

PACER
54 Oct. 17, 1997

Memorandum in response by Debra Kay Marshall to dft's response to pla's [42-1] motion for leave to file second amended cmp and to add parties (bjc) (Entered: 10/20/1997)

PACER
56 Oct. 27, 1997

Notice of 1st supplemental disclosure by Debra Kay Marshall (bjc) (Entered: 10/28/1997)

PACER
57 Oct. 27, 1997

Notice of pretrial disclosure by Beaumont Housing (bjc) (Entered: 10/28/1997)

PACER
58 Oct. 30, 1997

Notice of non-objection to dft Bmt Housing Authority's mo to sever 1:97cv84 from the case 1:96cv70 by USA (bjc) (Entered: 10/31/1997)

PACER
60 Oct. 31, 1997

ORDER, sua sponte, amending the docket control ord. The submission dates for pretrial disclosures and the joint final pretrial ord are hereby suspended until 11/7/97 ( signed by Judge Thad Heartfield) cc: attys 11/4/97 (bjc) (Entered: 11/04/1997)

PACER
59 Nov. 3, 1997

MOTION by Debra Kay Marshall for leave to file third amended complaint (bjc) (Entered: 11/04/1997)

PACER
Nov. 3, 1997

Final Pre-trial conference set at 9:00 11/18/97 before Judge Thad Heartfield. cc: TH, attys (jmv) (Entered: 11/03/1997)

PACER
Nov. 3, 1997

Jury selection set at 9:00 11/19/97 before Judge Thad Heartfield (jmv) (Entered: 11/03/1997)

PACER
61 Nov. 13, 1997

Notice of amended pre-trial disclosure statement by Beaumont Housing (bjc) (Entered: 11/13/1997)

PACER
62 Nov. 17, 1997

ORDER granting [59-1] mo for leave to file third amended complaint (signed by Judge Thad Heartfield) cc: attys 11/18/97 (bjc) (Entered: 11/18/1997)

PACER
63 Nov. 17, 1997

ORDER granting [49-1] mo to continue trial; reset bench trial for 2/16/98 before Judge Thad Heartfield ( signed by Judge Thad Heartfield) cc: attys 11/18/97 (bjc) (Entered: 11/18/1997)

PACER
64 Nov. 17, 1997

ORDER granting [49-2] mo for discovery (signed by Judge Thad Heartfield) cc: attys 11/18/97 (bjc) (Entered: 11/18/1997)

PACER
65 Nov. 17, 1997

ORDER denying [55-1] mo to sever 1:97cv84 from cause no 1:96cv70 (signed by Judge Thad Heartfield) cc: attys 11/18/97 (bjc) (Entered: 11/18/1997)

PACER
66 Nov. 17, 1997

ORDER denying as moot [42-1] mo for leave to file second amended cmp (signed by Judge Thad Heartfield) cc: attys 11/18/97 (bjc) (Entered: 11/18/1997)

PACER
67 Nov. 17, 1997

Third Amended complaint by Debra Kay Marshall, amending [1-1] complaint (bjc) (Entered: 11/18/1997)

PACER
68 Nov. 24, 1997

Notice of second amended pretrial disclosure by Beaumont Housing (bjc) (Entered: 11/24/1997)

PACER
69 Dec. 16, 1997

ORDER amending docket control Order setting motions for summary judgment to be filed by 1/5/98 (signed by Judge Thad Heartfield 12/15/97) cc: attys 12/19/97 (bjc) (Entered: 12/19/1997)

PACER
70 Jan. 20, 1998

Final Judgment by the Ct that the pla, Debra Kay Marshall, have and recover of and from dft, The Housing Authority of Beaumont, nothing, and that the said dft go hence w/o day. All taxable Ct costs are adjudged against the party incurring same, for which the officers of this Ct may have their execution (signed by Judge Thad Heartfield) cc: attys 1/21/98 (1:97-cv- 00084) (bjc) (Entered: 01/21/1998)

PACER
June 18, 2003

Shipped to FRC on 04/13/99 Accession number: 021-99-0293, Location K-06-099-3-5 Box 4 of 35 (rll) Modified on 12/15/2003 (Entered: 06/18/2003)

PACER

Case Details

State / Territory:

Texas

Case Type(s):

Equal Employment

Key Dates

Filing Date: Feb. 1, 1996

Closing Date: 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States government

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

Beaumont Housing Authority

Defendant Type(s):

Housing Authority

Case Details

Causes of Action:

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

Other Dockets:

Eastern District of Texas 1:96-cv-00070

Available Documents:

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Follow recruitment, hiring, or promotion protocols

Monitoring

Provide antidiscrimination training

Retaliation Prohibition

Amount Defendant Pays: 30,000

Order Duration: 1996 - 1998

Issues

Discrimination Area:

Disparate Treatment

Harassment / Hostile Work Environment

Hiring

Promotion

Discrimination Basis:

Race discrimination

Affected Race(s):

Race, unspecified

Recommended Citation