Case: EEOC v. MIKE ALBERT LEASING INCORPORATED

4:06-cv-03062 | U.S. District Court for the Southern District of Texas

Filed Date: Sept. 29, 2006

Closed Date: 2012

Clearinghouse coding complete

Case Summary

The Houston office of the EEOC brought this suit against Mike Albert Leasing Inc., in September 2006, in the U.S. District Court for the Southern District of Texas. The complaint alleged that Mike Albert Leasing fired the complainant due to his age, in violation of the Age Discrimination in Employment Act. After some discovery and a failed motion by the defendant for summary judgment, the parties settled the case by entry of a consent decree in February 2008.The consent decree, which was in e…

The Houston office of the EEOC brought this suit against Mike Albert Leasing Inc., in September 2006, in the U.S. District Court for the Southern District of Texas. The complaint alleged that Mike Albert Leasing fired the complainant due to his age, in violation of the Age Discrimination in Employment Act. After some discovery and a failed motion by the defendant for summary judgment, the parties settled the case by entry of a consent decree in February 2008.

The consent decree, which was in effect for four years, had non-discrimination and non-retaliation clauses, requiring the posting of a notice regarding discrimination, and requiring annual training for all employees, including extra training on the requirements of federal anti-discrimination law and the consequences of violation for supervisory employees. Additionally, the decree required Mike Albert Leasing to remove all documents related to the complaint or the lawsuit from the complainant's personnel file and to pay $100,000.00 in settlement of the claims. If the EEOC found Mike Albert Leasing in breach of the decree, it would give Mike Albert Leasing 30 days to remedy the non-monetary portions of the decree or 5 days to remedy the monetary portions, after which it could seek court enforcement of the decree, including possible sanctions.

After the consent decree was ordered, a Motion to Reinstate Plea in Intervention was filed and ultimately denied. There is no other activity on the docket sheet, so presumably this case closed in 2012.

Summary Authors

Kevin Wilemon (6/2/2008)

Rachel Barr (5/4/2018)

People


Attorney for Plaintiff

Gatlin, Connie Wilhite (Texas)

McFerren, Aimee Lynn (Texas)

Attorney for Defendant

Smith, Patrick Nichols (Texas)

Expert/Monitor/Master/Other

Beller, Michael Carl (Texas)

McCormick, Andrew Phelps (Texas)

Documents in the Clearinghouse

Documents in this case

4:06-cv-03062

Docket (PACER)

EEOC v. Mike Albert Leasing, Inc.

Nov. 20, 2009

Nov. 20, 2009

Docket
1

4:06-cv-03062

Complaint

EEOC v. Mike Albert Leasing, Inc.

Sept. 29, 2006

Sept. 29, 2006

Complaint
21

4:06-cv-03062

Plea in Intervention

EEOC v. Mike Albert Leasing, Inc.

Jan. 22, 2007

Jan. 22, 2007

Complaint
42

4:06-cv-03062

Order

EEOC v. Mike Albert Leasing, Inc.

Aug. 8, 2007

Aug. 8, 2007

Order/Opinion
55

4:06-cv-03062

Order [re: Summary Judgment]

EEOC v. Mike Albert Leasing, Inc.

Dec. 3, 2007

Dec. 3, 2007

Order/Opinion
58

4:06-cv-03062

Order of Dismissal

EEOC v. Mike Albert Leasing, Inc.

Dec. 6, 2007

Dec. 6, 2007

Order/Opinion
59-2

4:06-cv-03062

Consent Decree

EEOC v. Mike Albert Leasing, Inc.

Feb. 21, 2008

Feb. 21, 2008

Settlement Agreement

Resources

Docket

Last updated March 24, 2025, 8:26 a.m.

ECF Number Date Description Link
1 Sept. 29, 2006

COMPLAINT against Mike Albert Leasing Inc (Filing fee $ 350) filed by Equal Employment Opportunity Commission.(bdaniel, ) Additional attachment(s) added on 10/2/2006 (hler, ). (Entered: 09/29/2006)

PACER
2 Sept. 29, 2006

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/13/2006 at 10:00 AM in Courtroom 702 before Magistrate Judge Stephen Smith. ( Signed by Judge David Hittner ) Parties notified. (bdaniel, ) (Entered: 09/29/2006)

PACER
Sept. 29, 2006

Summons Issued as to Mike Albert Leasing Inc , filed.(bdaniel, ) (Entered: 09/29/2006)

PACER
Oct. 3, 2006

Fee waived re: 1 Complaint , filed. (agould, ) (Entered: 10/03/2006)

PACER
3 Oct. 6, 2006

CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opportunity Commission, filed.(McFerren, Aimee) (Entered: 10/06/2006)

PACER
4 Oct. 31, 2006

MOTION for Mark J Stepaniak to Appear Pro Hac Vice by Mike Albert Leasing Inc, filed. Motion Docket Date 11/20/2006. (sbyrum, ) (Entered: 11/02/2006)

PACER
5 Oct. 31, 2006

MOTION for Rachel Zahniser to Appear Pro Hac Vice by Mike Albert Leasing Inc, filed. Motion Docket Date 11/20/2006. (sbyrum, ) (Entered: 11/02/2006)

PACER
6 Nov. 2, 2006

PROPOSED ORDER on Motion to Transfer Venue (Motion not on file at this time) , filed.(chorace, ) (Entered: 11/03/2006)

PACER
7 Nov. 2, 2006

ANSWER to Complaint by Mike Albert Leasing Inc, filed.(ypippin, ) (Entered: 11/06/2006)

PACER
8 Nov. 2, 2006

CERTIFICATE OF INTERESTED PARTIES by Mike Albert Leasing Inc, filed.(ypippin, ) (Entered: 11/06/2006)

PACER
9 Nov. 2, 2006

MOTION to Transfer Venue to Southern District Of Ohio by Mike Albert Leasing Inc, filed. Motion Docket Date 11/22/2006. (ypippin, ) (Entered: 11/06/2006)

PACER
10 Nov. 7, 2006

ORDER granting 4 Motion to Appear Pro Hac Vice on behalf of Mark J. Stepaniak .( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 11/08/2006)

PACER
11 Nov. 7, 2006

ORDER granting 5 Motion to Appear Pro Hac Vice on behalf of Rachel S. Zahniser.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 11/08/2006)

PACER
12 Nov. 21, 2006

RESPONSE to 9 MOTION to Transfer Case to Southern District Of Ohio, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit # 2 Proposed Order # 3)(McFerren, Aimee) (Entered: 11/21/2006)

PACER
14 Dec. 5, 2006

MOTION for Leave to File Memorandum in Support of Motion to Transfer Venue by Mike Albert Leasing Inc, filed. Motion Docket Date 12/26/2006. (Attachments: # 1 Proposed Order)(sbyrum, ) (Entered: 12/06/2006)

PACER
15 Dec. 5, 2006

REPLY Memorandum in Support of 9 MOTION to Transfer Case to Southern District Of Ohio, filed by Mike Albert Leasing Inc. (sbyrum, ) (Entered: 12/06/2006)

PACER
16 Dec. 5, 2006

SUPPLEMENTAL Declaration of Michael T Hardesty by Mike Albert Leasing Inc, filed.(sbyrum, ) (Entered: 12/06/2006)

PACER
17 Dec. 6, 2006

ORDER granting 14 Motion for Leave to File Reply Memorandum.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 12/07/2006)

PACER
18 Dec. 11, 2006

SURREPLY to 9 MOTION to Transfer Case to Southern District Of Ohio, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(McFerren, Aimee) (Entered: 12/11/2006)

PACER
19 Dec. 13, 2006

Minute Entry for proceedings held before Judge Stephen Wm Smith. SCHEDULING CONFERENCE held on 12/13/2006. Scheduling order issued. Appearances: Aimee Lynn McFerren, Patrick Nichols Smith, Rachel S Zahniser.(ERO:C. Peebles), filed.(jmarchand) (Entered: 12/13/2006)

PACER
20 Dec. 13, 2006

SCHEDULING ORDER: Trial Term: January/February 2008. ETT: 4 days. Jury trial. Amended Pleadings due by 4/2/2007. Joinder of Parties due by 2/1/2007. Pltf Expert Witness List due by 3/1/2007. Deft Expert Witness List due by 4/2/2007. Discovery due by 9/28/2007. Dispositive Motion Filing due by 10/19/2007. Non−Dispositive Motion Filing due by 10/19/2007. Joint Pretrial Order due by 12/28/2007.( Signed by Judge Stephen Wm Smith ) Parties notified.(jmarchand) (Entered: 12/13/2006)

PACER
21 Jan. 22, 2007

INTERVENOR COMPLAINT against Mike Albert Leasing Inc filed by Michael C. Beller.(pawilliams, ) (Entered: 01/23/2007)

PACER
22 Jan. 29, 2007

MOTION to Strike Plea in Intervention by all defendants, filed. Motion Docket Date 2/20/2007. (Smith, Patrick) (Entered: 01/29/2007)

PACER
23 Feb. 6, 2007

MOTION for Protective Order by all defendants, filed. Motion Docket Date 2/26/2007. (Smith, Patrick) (Entered: 02/06/2007)

PACER
24 Feb. 6, 2007

Proposed Agreed Protective Order by all defendants, filed. (Smith, Patrick) Modified on 2/16/2007 (ltien, ). (Entered: 02/06/2007)

PACER
25 Feb. 7, 2007

AGREED PROTECTIVE ORDER.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 02/08/2007)

PACER
26 Feb. 21, 2007

ORDER denying 9 Motion to Transfer Case ; denying 22 Motion to Strike Plea in Intervention.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 02/23/2007)

PACER
27 July 11, 2007

NOTICE of attorney substitution by Equal Employment Opportunity Commission. Attorney Connie K. Wilhite added. Attorney Aimee Lynn McFerren terminated, filed. (kosborne, ) (Entered: 07/12/2007)

PACER
28 July 17, 2007

Plaintiff's Objection to and Motion for Protection from Defendant's Cross−Notice of Defendant's Party Witness Mike Hardesty by Equal Employment Opportunity Commission, filed. Motion Docket Date 8/6/2007. (Attachments: # 1 Exhibit A−N# 2 Proposed Order)(rvazquez, ) (Entered: 07/17/2007)

PACER
29 July 18, 2007

ORDER Striking Document re: 28 MOTION for Protective Order. Document not in 14 point font.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 07/19/2007)

PACER
30 July 19, 2007

PLAINTIFF'S Objection to and Motion for Protection from Defendant's Cross−Notice of Defendant's Party Witness Mike Hardesty by Equal Employment Opportunity Commission, filed. Motion Docket Date 8/8/2007. (Attachments: # 1 Proposed Order)(pcrawford, ) (Entered: 07/20/2007)

PACER
32 Aug. 6, 2007

MOTION for Protective Order and RESPONSE to Plaintiff's 30 MOTION for Protection by Mike Albert Leasing Inc, filed. Motion Docket Date 8/27/2007. (Attachments: # 1 Exhibit Exhibit List# 2 Exhibit Exhibits 1−10A# 3 Exhibit Exhibits 11−20# 4 Exhibit Exhibits 21−25)(Smith, Patrick) Linked to #30 on 8/15/2007 (ltien, ). (Entered: 08/06/2007)

PACER
33 Aug. 6, 2007

PROPOSED ORDER re: 32 MOTION for Protective Order, filed.(Smith, Patrick) (Entered: 08/06/2007)

PACER
34 Aug. 6, 2007

PROPOSED ORDER re: 30 MOTION PLAINTIFF'S Objection to and Motion for Protection from Defendant's Cross−Notice of Defendant's Party Witness Mike Hardesty, filed.(Smith, Patrick) (Entered: 08/06/2007)

PACER
35 Aug. 6, 2007

MOTION to Compel Depositions, MOTION to Expedite Hearing on Motions by Equal Employment Opportunity Commission, filed. Motion Docket Date 8/27/2007. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit Exhibit E# 6 Exhibit Exhibit F# 7 Exhibit Exhibit G# 8 Exhibit Exhibit H# 9 Exhibit Exhibit I# 10 Exhibit Exhibit J# 11 Exhibit Exhibit K# 12 Exhibit Exhibit L# 13 Exhibit Exhibit M# 14 Exhibit Exhibit N# 15 Exhibit Exhibit O# 16 Exhibit Exhibit P# 17 Proposed Order Proposed Order −− Mtn to Expedite# 18 Proposed Order Proposed Order −− Mtns Compel/Protection)(Wilhite, Connie) (Entered: 08/06/2007)

PACER
36 Aug. 6, 2007

RESPONSE to 35 MOTION to Compel Depositions MOTION to Expedite Hearing on Motions, filed by Mike Albert Leasing Inc. (Smith, Patrick) (Entered: 08/06/2007)

PACER
37 Aug. 6, 2007

PROPOSED ORDER re: 36 Response to Motion, filed.(Smith, Patrick) (Entered: 08/06/2007)

PACER
38 Aug. 6, 2007

Corrected PROPOSED ORDER re: 36 Response to Motion, filed.(Smith, Patrick) (Entered: 08/06/2007)

PACER
39 Aug. 6, 2007

ORDER 32 MOTION for Protective Order, MOTIONS REFERRED to Magistrate Judge Stephen Wm Smith: 32 MOTION for Protective Order.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 08/07/2007)

PACER
40 Aug. 7, 2007

ORDER 35 MOTION to Compel Depositions MOTION to Expedite Hearing on Motions, MOTIONS REFERRED to Magistrate Judge Stephen Wm Smith: 35 MOTION to Compel Depositions MOTION to Expedite Hearing on Motions.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 08/08/2007)

PACER
41 Aug. 8, 2007

NOTICE OF WITHDRAWAL OF COUNSEL by Mike Albert Leasing Inc, filed. (Smith, Patrick) (Entered: 08/08/2007)

PACER
42 Aug. 8, 2007

ORDER granting 35 Motion to Compel; granting 35 Motion to Expedite; granting in part and denying in part 30 Motion for Protection; denying 32 Motion for Protective Order. ( Signed by Judge Stephen Wm Smith ) Parties notified. (jmarchand) (Entered: 08/08/2007)

PACER
43 Aug. 23, 2007

MOTION to Enforce Court's Order of August 8, 2007 by Mike Albert Leasing Inc, filed. Motion Docket Date 9/12/2007. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Proposed Order)(Smith, Patrick) (Entered: 08/23/2007)

PACER
44 Aug. 29, 2007

MOTION to Withdraw 43 MOTION to Enforce Court's Order of August 8, 2007 by Mike Albert Leasing Inc, filed. Motion Docket Date 9/18/2007. (Smith, Patrick) (Entered: 08/29/2007)

PACER
45 Aug. 29, 2007

PROPOSED ORDER re: 44 MOTION to Withdraw 43 MOTION to Enforce Court's Order of August 8, 2007, filed.(Smith, Patrick) (Entered: 08/29/2007)

PACER
46 Aug. 30, 2007

ORDER granting 44 Motion to Withdraw Defendant's Motion to Enforce the Court's August 8, 2007 Order.( Signed by Judge David Hittner ) Parties notified.(ealexander, )

PACER
48 Oct. 19, 2007

Concise Summary in Support of 47 MOTION for Complete Summary Judgment by Mike Albert Leasing Inc, filed. (Smith, Patrick) Modified on 10/25/2007 (ltien, ). (Entered: 10/19/2007)

PACER
49 Nov. 8, 2007

RESPONSE in Opposition to 47 MOTION for Complete Summary Judgment, filed by Equal Employment Opportunity Commission. (Wilhite, Connie) Modified on 11/9/2007 (sbyrum, ). (Entered: 11/08/2007)

PACER
50 Nov. 9, 2007

Exhibits to RESPONSE in Opposition to 47 MOTION for Complete Summary Judgment, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit B: Reynders Deposition# 2 Exhibit D: Fitzgerald Deposition# 3 Exhibit E: Betagole Deposition# 4 Exhibit F: Johnson Deposition# 5 Exhibit G: Pohl Deposition# 6 Exhibit H: Kassner Affidavit)(Wilhite, Connie) Modified on 11/9/2007 (sbyrum, ). (Entered: 11/09/2007)

PACER
51 Nov. 9, 2007

Concise Summary of Plaintiff's 49 RESPONSE to 47 MOTION for Summary Judgment, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order Denying Defendant's MSJ)(Wilhite, Connie) Linked to #47 on 11/13/2007 (ltien, ). (Entered: 11/09/2007)

PACER
52 Nov. 9, 2007

EXHIBITS re: 49 Response in Opposition to Motion by Equal Employment Opportunity Commission, filed. (Attachments: # 1 Exhibit A, Part 2# 2 Exhibit A, Part 3# 3 Exhibit C, Part 1# 4 Exhibit C, Part 2)(Wilhite, Connie) (Entered: 11/09/2007)

PACER
53 Nov. 14, 2007

Supplemental RESPONSE to 47 MOTION for Summary Judgment by Equal Employment Opportunity Commission, filed. (Attachments: # 1 Proposed Order Granting Leave, If Necessary)(Wilhite, Connie) Linked to #47 on 11/16/2007 (ltien, ). (Entered: 11/14/2007)

PACER
54 Nov. 30, 2007

REPLY to Response to 47 MOTION for Complete Summary Judgment, filed by Mike Albert Leasing Inc. (Attachments: # 1 Exhibit A)(Smith, Patrick) (Entered: 11/30/2007)

PACER
55 Dec. 3, 2007

ORDER denying 47 Motion for Summary Judgment.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 12/03/2007)

PACER
56 Dec. 4, 2007

ORDER that the parties are to exchange all trial exhibits on or before December 28, 2007.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 12/05/2007)

PACER
57 Dec. 5, 2007

ORDER, ETT: 4 day trial. jury trialPretrial Conference set for 12/12/2007 at 09:45 AM in Courtroom 8A before Judge David Hittner.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 12/05/2007)

PACER
58 Dec. 6, 2007

ORDER OF DISMISSAL. Case terminated on December 6, 2007.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 12/06/2007)

PACER
59 Feb. 20, 2008

Agreed MOTION for Entry of Order re: AGREED CONSENT DECREE by Equal Employment Opportunity Commission, filed. Motion Docket Date 3/11/2008. (Attachments: # 1 Proposed Order Agreed Consent Decree# 2 Appendix Attachment A to Agreed Consent Decree)(Wilhite, Connie) (Entered: 02/20/2008)

PACER
60 Feb. 21, 2008

Consent Decree.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 02/22/2008)

PACER
Feb. 25, 2008

$33,333.33 was deposited into the Court registry. Receipt number 589409 re: 60 Order, filed. (knguyen, ) (Entered: 02/25/2008)

PACER
61 Feb. 27, 2008

MOTION to Reinstate Plea in Intervention by Michael C. Beller, filed. Motion Docket Date 3/18/2008. (Attachments: # 1 Exhibit A# 2 Proposed Order Order)(McCormick, Andrew) (Entered: 02/27/2008)

PACER
63 March 14, 2008

RESPONSE in Opposition to 62 MOTION to Reinstate Plea in Intervention, 61 MOTION to Reinstate Plea in Intervention, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order Denying Motion to Reinstate Plea in Intervention)(Wilhite, Connie) (Entered: 03/14/2008)

PACER
64 March 17, 2008

ORDER denying 61 Motion to Reinstate; denying 62 Motion to Reinstate.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 03/18/2008)

PACER
65 April 20, 2009

Unopposed MOTION for Withdrawal of Funds by Michael C. Beller, filed. Motion Docket Date 5/11/2009. (Attachments: # 1 Release, # 2 Assignment of Interest)(McCormick, Andrew) (Entered: 04/20/2009)

PACER
66 April 22, 2009

ORDER granting 65 Motion for Withdrawal of Funds.(Signed by Judge David Hittner) Parties notified.(ealexander, ) (Entered: 04/23/2009)

PACER
67 April 29, 2009

Mail Returned Undeliverable as to attorney Michael Carl Beller re: 66 Order on Motion for Withdrawal of Funds, filed. (unable to frwd) (hler, ) (Entered: 04/29/2009)

PACER
April 30, 2009

Disbursement of Registry Funds to Michael C Beller in the amount of $33,653.58 on 4/30/2009 re: 66 Order on Motion for Withdrawal of Funds, filed. (knguyen, ) (Entered: 05/05/2009)

PACER
68 Nov. 9, 2009

DOCKETED IN WRONG CASE. MOTION for Edward R Young to Appear Pro Hac Vice by Guardsmark, LLC, filed. Motion Docket Date 11/30/2009. (jewilliams, ) Modified on 11/13/2009 (jewilliams, ). (Entered: 11/11/2009)

PACER
69 Nov. 12, 2009

ORDER granting 68 Motion to Appear Pro Hac Vice on behalf of Edward R. Young.(Signed by Judge David Hittner) Parties notified.(ealexander, ) (Entered: 11/13/2009)

PACER
70 Nov. 20, 2009

Mail Returned Undeliverable as to attorney Michael Carl Beller re: 69 Order on Motion to Appear Pro Hac Vice, filed. (sjones, ) (Entered: 11/20/2009)

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. 29, 2006

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Mike Albert Leasing Inc.

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Other Dockets:

Southern District of Texas 4:06-cv-03062

Available Documents:

Complaint (any)

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:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Expungement of Employment Record

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Amount Defendant Pays: 100000

Order Duration: 2008 - 2012

Issues

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Discrimination Basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation