Case: EEOC v. MCCALL-TL LTD (d/b/a STERLING MCCALL LEXUS)

4:01-cv-02401 | U.S. District Court for the Southern District of Texas

Filed Date: July 17, 2001

Closed Date: July 17, 2002

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Case Summary

In July 2001, the Houston office of the EEOC brought this Title VII suit against McCall-TL Ltd. (d/b/a Sterling McCall Lexus) and Group 1 Automotive in the U.S. District Court for the Southern District of Texas. The complaint alleged that the defendant discriminated against the claimant because of his race (African-American). More specifically, the defendant failed to promote the claimant to the position of Used Car Salesman Manager, and instead promoted a less qualified, non-African American s…

The two year consent decree required the defendant to pay the claimant $70,000 in back pay and compensatory damages, refrain from discrimination and retaliation, provide annual training for managers, expunge the claimant's record, provide positive references for the claimant, and give the EEOC reports of compliance every six months.

Summary Authors

Kevin Wilemon (7/13/2007)

People

Judge(s)

Stacy, Frances H. (Texas)

Judge(s)

Stacy, Frances H. (Texas)

Documents in the Clearinghouse

Documents in this case

4:01-cv-02401	Docket EEOC v. McCall-TL Ltd [PACER]	July 17, 2002	July 17, 2002 Docket
13 4:01-cv-02401	Order Denying Motion for Partial Dismissal EEOC v. McCall-TL, Ltd. d/b/a/ Sterling McCall Lexus	Sept. 21, 2001	Sept. 21, 2001 Order/Opinion
32 4:01-cv-02401	Order Denying Motion for Partial Summary Judgment EEOC v. McCall-TL Ltd. d/b/a Sterling McCall Lexus	April 30, 2002	April 30, 2002 Order/Opinion
38 4:01-cv-02401	Consent Decree EEOC v. McCall-TL, Ltd., d/b/a Sterling McCall Lexus	July 18, 2002	July 18, 2002 Settlement Agreement

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms Carly Knight, Frank Dobbin, Alexandra Kalev	Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit…	March 2022	April 1, 2022 https://cris.tau.ac.il/...

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Docket

Last updated March 25, 2025, 8:11 a.m.

ECF Number	Date	Description	Link
	March 28, 2001	1 SUMMONS issued (hlerma) (Entered: 03/28/2002)	PACER
1	July 17, 2001	COMPLAINT by Equal Employment Opportunity Commission filed; (lfilmore) (Entered: 07/17/2001)	PACER
2	July 17, 2001	Order setting Initial Pretrial and Scheduling Conference on 9:00 10/2/01 before Judge Frances H Stacy and Order to Disclose Interested Persons, filed. () Parties notified. (lfilmore) Modified on 07/20/2001 (Entered: 07/17/2001)	PACER
	July 17, 2001	1 SUMMONS issued for McCall-TL Ltd (bchurchill) (Entered: 07/18/2001)	PACER
3	July 20, 2001	RETURN OF SERVICE executed as to McCall-TL Ltd 7/18/01 filed Answer due on 8/7/01 for McCall-TL Ltd (psmith) (Entered: 07/20/2001)	PACER
4	July 23, 2001	ORDER scheduling conference for 9:00 12/4/01 before Magistrate Judge Frances H. Stacy , entered; Parties notified. ( signed by Magistrate Judge Frances H. Stacy ) (mlerma) (Entered: 07/23/2001)	PACER
5	July 25, 2001	CERTIFICATE OF INTERESTED PARTIES by EEOC , filed. (mlerma) (Entered: 07/25/2001)	PACER
6	Aug. 7, 2001	UNOPPOSED MOTION to extend time to answer or otherwise plead , by McCall-TL Ltd, Motion Docket Date 8/27/01 [6-1] motion , filed. (psmith) (Entered: 08/07/2001)	PACER
7	Aug. 14, 2001	ANSWER to Original Complaint by Deft McCall-TL Ltd, filed (fmremp) (Entered: 08/14/2001)	PACER
8	Aug. 14, 2001	MOTION with Memorandum in support for partial summary judgment by Deft McCall-TL Ltd, Motion Docket Date 9/3/01 [8-1] motion , filed (fmremp) (Entered: 08/14/2001)	PACER
9	Aug. 20, 2001	ORDER granting [6-1] motion to extend time to answer or otherwise plead answer due for 8/14/01 for McCall-TL Ltd , entered; Parties notified. ( signed by Judge Melinda Harmon ) (mlerma) (Entered: 08/21/2001)	PACER
11	Sept. 19, 2001	MOTION for leave to file reply memorandum by McCall-TL Ltd, Motion Docket Date 10/9/01 [11-1] motion , filed. (fmremp) (Entered: 09/19/2001)	PACER
12	Sept. 19, 2001	REPLY to pltf's response in opposition to [8-1] motion for partial dismissal , filed (fmremp) (Entered: 09/20/2001)	PACER
13	Sept. 20, 2001	ORDER that Deft's motion for partial dismissal is DENIED; Deft is granted leave to move to enforce the alleged arbitration agreement or for summary judgment with properly authenticated evidence, entered; Parties notified. ( signed by Judge Melinda Harmon ) (fmremp) (Entered: 09/21/2001)	PACER
14	Sept. 24, 2001	ORDER entered: Defts [11-1] motion for leave to file reply memorandum is MOOT. Deft may submit its brief and authenticated evidence with an appropriate motion to enforce the alleged arbitration agreement or for summary judgment, as indicated. Parties notified. ( signed by Judge Melinda Harmon ) (psmith) (Entered: 09/25/2001)	PACER
15	Oct. 10, 2001	MOTION for partial summary judgment by McCall-TL Ltd, Motion Docket Date 10/30/01 [15-1] motion , filed. (fmremp) (Entered: 10/11/2001)	PACER
16	Oct. 24, 2001	RESPONSE by EEOC in opposition to Defendant's [15-1] motion for partial summary judgment , filed (fmremp) (Entered: 10/24/2001)	PACER
17	Nov. 16, 2001	MOTION to enroll counsel of record by McCall-TL Ltd, Motion Docket Date 12/6/01 [17-1] motion , filed. (ckrus) (Entered: 11/20/2001)	PACER
18	Nov. 16, 2001	CERTIFICATE OF INTERESTED PARTIES by McCall-TL Ltd , filed. (ckrus) (Entered: 11/20/2001)	PACER
19	Nov. 23, 2001	Report of Meeting and Joint Discovery/Case Management Plan by McCall-TL Ltd, EEOC , filed. (fmremp) (Entered: 11/26/2001)	PACER
	Nov. 27, 2001	Rec'd and frwd to CRD: letter from Ralph J. Zatzkis to court asking to participate in the scheduling conference scheduled for 12/04/01 at 9:00 a.m. by telephone. (fmremp) (Entered: 11/29/2001)	PACER
20	Dec. 3, 2001	AMENDED UNOPPOSED MOTION to enroll Ralph J. Zatzkis as counsel of record by McCall-TL Ltd, Motion Docket Date 12/23/01 [20-1] motion , filed. (fmremp) Modified on 12/03/2001 (Entered: 12/03/2001)	PACER
23	Dec. 4, 2001	Minute Entry Order: Scheduling Conference held. Apps: T Bowne f/pltf, R Zatzkis by phone f/deft. Docket Control Order entered. Ct Reporter: B White Tape Number:#1 1305 , entered. Parties ntfd. ( Signed by BW for Magistrate Judge Frances H. Stacy ) (amaly) Modified on 12/19/2001 (Entered: 12/11/2001)	PACER
21	Dec. 6, 2001	ORDER granting [20-1] motion to enroll Ralph J. Zatzkis as counsel of record , entered; Parties notified. ( signed by Judge Melinda Harmon ) (fmremp) (Entered: 12/10/2001)	PACER
22	Dec. 10, 2001	SCHEDULING ORDER setting Amending of pleadings 2/15/02 ; Joining of parties 2/15/02 ; Pltf expert witness list submitted by 5/3/02 ; Deft expert witness list submitted by 6/7/02 ; Discovery cutoff 6/28/02 ; Deadline for filing all dispositive motions 8/2/02 ; Deadline for filing non-dispositive motions 8/2/02 ; Pretrial order to be submitted on or before 10/28/02 ; Docket call deadline 1:30 11/8/02 ; Trial is set for the two weeks starting 11/12/02 before Judge Melinda Harmon , entered. Parties notified. ( Signed by Judge Melinda Harmon ) (fmremp) Modified on 12/20/2001 (Entered: 12/11/2001)	PACER
	Dec. 27, 2001	MAIL RETURNED UNDELIVERABLE as to Ralph J. Zatzkis atty f/ McCall-TL Ltd re: [22-1] Scheduling order. Per research, updated address in system. Re-sent scheduling order. (fmremp) (Entered: 01/02/2002)	PACER
24	Feb. 11, 2002	NOTICE of Withdrawal of Motion for Partial Summary Judgment by McCall-TL Ltd , filed (fmremp) (Entered: 02/11/2002)	PACER
25	Feb. 15, 2002	MOTION for leave to amend complaint by EEOC, Motion Docket Date 3/7/02 [25-1] motion , filed. (fmremp) (Entered: 02/15/2002)	PACER
26	Feb. 15, 2002	AMENDED COMPLAINT by EEOC ,(Answer due 2/25/02 for Group 1 Automotive, for McCall-TL Ltd ) amending [1-1] complaint , filed. (fmremp) (Entered: 02/15/2002)	PACER
27	March 19, 2002	ORDER granting pltf's [25-1] motion for leave to amend complaint , entered; Parties notified. ( signed by Judge Melinda Harmon ) (ljackson) (Entered: 03/19/2002)	PACER
28	March 29, 2002	ANSWER by McCall-TL Ltd to amended complaint, filed. (ljackson) (Entered: 04/02/2002)	PACER
29	April 16, 2002	ANSWER by Group 1 Automotive (Added attorney Michael P Cash) to first amended complaint, filed. (sguevara) (Entered: 04/17/2002)	PACER
30	April 16, 2002	CERTIFICATE OF INTERESTED PARTIES by Group 1 Automotive , filed. (sguevara) (Entered: 04/17/2002)	PACER
31	April 24, 2002	INITIAL DISCLOSURE by Group 1 Automotive , filed. (ljackson) (Entered: 04/24/2002)	PACER
32	April 29, 2002	ORDER denying deft's [15-1] motion for partial summary judgment , entered; Parties notified. ( signed by Judge Melinda Harmon ) (ljackson) (Entered: 04/30/2002)	PACER
33	May 8, 2002	JOINT MOTION for protective order by McCall-TL Ltd, EEOC, Group 1 Automotive , filed (ljackson) (Entered: 05/09/2002)	PACER
34	May 10, 2002	PROTECTIVE ORDER granting [33-1] joint motion for protective order, entered. Within 10 days of entry of this order, each party shall designate to the opposing party all previously produced documents which consider confidential. Parties ntfd. (Signed by Judge Melinda Harmon ) (ljackson) (Entered: 05/13/2002)	PACER
35	July 15, 2002	STIPULATION of dismissal by McCall-TL Ltd, EEOC, Group 1 Automotive of a party-deft, filed. (ljackson) (Entered: 07/15/2002)	PACER
36	July 15, 2002	AGREED MOTION to enter consent decree by McCall-TL Ltd, EEOC , filed. (ljackson) (Entered: 07/15/2002)	PACER
37	July 17, 2002	ORDER granting [35-1] stipulation of dismissal of a party deft, entered. It is ordered that Group 1 Automotive Inc is dismissed as a party deft. Parties notified. ( signed by Judge Melinda Harmon ) (ljackson) (Entered: 07/18/2002)	PACER
38	July 17, 2002	CONSENT DECREE, entered. This consent decree is entered in full and complete settlement of any and all claims arising out of or contained in this lawsuit. This decree shall remain in effect for 2 years from the date of signing. The parties agree that this civil action will be dismissed with prejudice subject to the consent decree. Parties notified. ( signed by Judge Melinda Harmon ) (ljackson) (Entered: 07/18/2002)	PACER
	July 17, 2002	Case closed (ljackson) (Entered: 07/18/2002)	PACER

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Case Details

State / Territory:

Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: July 17, 2001

Closing Date: July 17, 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

Private Entity/Person

Group 1 Automotive, Inc

McCall-TL Ltd

McCall-TL Ltd.

Case Details

Causes of Action:

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

Other Dockets:

Southern District of Texas 4:01-cv-02401

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:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Expungement of Employment Record

Neutral/Positive Reference

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Amount Defendant Pays: 70000

Order Duration: 2002 - 2004

Issues

Discrimination Area:

Disparate Treatment

Promotion

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

EEOC-centric:

Direct Suit on Merits

Recommended Citation

Case Summary of EEOC v. MCCALL-TL LTD (d/b/a STERLING MCCALL LEXUS), Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/5967/ (last updated 7/13/2007).