Case: EEOC v. LYONDELL-CITGO

4:06-cv-02738 | U.S. District Court for the Southern District of Texas

Filed Date: Aug. 24, 2006

Closed Date: April 9, 2008

Clearinghouse coding complete

Case Summary

The Houston district office of the EEOC brought this suit against Lyondell-Citgo Refining, LP (LCR), in August 2006 in the U.S. District Court for the Southern District of Texas. The complaint alleged that LCR had refused to hire a male complainant due to his record of disability and because they regarded him as disabled. LCR filed a motion for summary judgment in January 2008 and the EEOC filed a motion for partial summary judgment later that month. In April 2008, the EEOC's motion was denied and summary judgment was granted to LCR, ending the suit.

Summary Authors

Shankar Viswanathan (6/3/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5517174/parties/equal-employment-opportunity-commission-v-lyondell-citgo-refining-lp/


Documents in the Clearinghouse

Documents in this case

4:06-cv-02738

Docket (PACER)

Equal Employment Opportunity Commission v. Lyondell-Citgo Refining, LP

April 9, 2008

April 9, 2008

Docket
1-1

4:06-cv-02738

Complaint

EEOC v. Lyondell-Citgo Refining, LP

Aug. 24, 2006

Aug. 24, 2006

Complaint
38

4:06-cv-02738

Memorandum and Order

EEOC v. Lyondell-Citgo Refining, LP

April 9, 2008

April 9, 2008

Order/Opinion
39

4:06-cv-02738

Final Judgment

EEOC v. Lyondell-Citgo Refining, LP

April 9, 2008

April 9, 2008

Order/Opinion

2008 WL 961909

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5517174/equal-employment-opportunity-commission-v-lyondell-citgo-refining-lp/

Last updated April 4, 2025, 11:34 a.m.

ECF Number Date Description Link
1 Aug. 24, 2006

COMPLAINT against Lyondell-Citgo Refining, LP (Filing fee $ 350) filed by Equal Employment Opportunity Commission.(smurdock, ) Additional attachment(s) added on 8/24/2006 (hlerma, ). (Entered: 08/24/2006)

PACER
2 Aug. 24, 2006

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/29/2006 at 03:00 PM in Room 11521 before Judge Ewing Werlein, Jr. ( Signed by Judge Ewing Werlein, Jr ) Parties notified. (smurdock, ) (Entered: 08/24/2006)

PACER
Aug. 24, 2006

Summons Issued as to Lyondell-Citgo Refining, LP , filed.(smurdock, ) (Entered: 08/24/2006)

PACER
Aug. 28, 2006

Fee waived re: 1 Complaint , filed. (agould, ) (Entered: 08/28/2006)

PACER
3 Sept. 6, 2006

CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opportunity Commission, filed.(McFerren, Aimee) (Entered: 09/06/2006)

PACER
4 Sept. 19, 2006

ANSWER to Complaint by Lyondell-Citgo Refining, LP, filed.(ledwards, ) (Entered: 09/20/2006)

PACER
5 Sept. 29, 2006

SUMMONS Returned Executed. Lyondell-Citgo Refining, LP served on 8/31/2006, answer due 9/20/2006, filed.(sbyrum, ) (Entered: 10/02/2006)

PACER
6 Dec. 19, 2006

JOINT DISCOVERY/CASE MANAGEMENT PLAN by Lyondell-Citgo Refining, LP, filed.(Miscovich, Jennifer) (Entered: 12/19/2006)

PACER
8 Dec. 29, 2006

DOCKET CONTROL ORDER: Deft Expert Witness List due by 7/16/2007; Discovery due by 11/30/2007; Dispositive Motion Filing due by 1/11/2008; Joinder of Parties due by 5/18/2007; Joint Pretrial Order due by 4/15/2008; Non-Dispositive Motion Filing due by 1/11/2008; Pltf Expert Witness List due by 5/31/2007; Docket Call set for 5/2/2008 at 04:00 PM in Fifth Circuit Courtroom 11-D before Judge Ewing Werlein, Jr.( Signed by Judge Ewing Werlein, Jr ) Parties notified.(jhancock) (Entered: 01/02/2007)

PACER
9 Jan. 2, 2007

MINUTE ENTRY ORDER: Initial Pretrial Conference held. Appearances: Aimee Lynn McFerren, Jennifer Lynn Miscovich. Docket control order entered. The parties will complete all discovery required for purposes of ADR, including mediation, within 90 days and no later than 3/29/07 will advise the Court of a mediator they jointly agree that this case can be referred for mediation.( Signed by Judge Ewing Werlein, Jr ) Parties notified.(jhancock) (Entered: 01/02/2007)

PACER
10 March 28, 2007

STATUS REPORT by Lyondell-Citgo Refining, LP, filed.(Miscovich, Jennifer) (Entered: 03/28/2007)

PACER
11 April 4, 2007

MEDIATION ORDER.( Signed by Judge Ewing Werlein, Jr ) Parties notified.(jhancock) (Entered: 04/04/2007)

PACER
April 4, 2007

***Party Nancy L Huston added. (jhancock) (Entered: 04/04/2007)

PACER
12 June 5, 2007

Alternative Dispute Resolution STATUS REPORT by Equal Employment Opportunity Commission. Have parties agreed to mediate? yes. Mediation will occur July 2007. Name of mediator: Nancy Huston, filed. (Attachments: # 1 Exhibit A# 2 Exhibit B)(McFerren, Aimee) (Entered: 06/05/2007)

PACER
13 June 12, 2007

ORDER Status Conference set for 6/20/2007 at 09:00 AM in Courtroom 704 before Magistrate Judge Frances H Stacy.( Signed by Judge Frances H Stacy ) Parties notified.(bwhite, ) (Entered: 06/12/2007)

PACER
14 June 15, 2007

Alternative Dispute Resolution STATUS REPORT by Equal Employment Opportunity Commission. Have parties agreed to mediate? yes. Mediation will occur July 9, 2007. Name of mediator: Nancy Huston, filed.(McFerren, Aimee) (Entered: 06/15/2007)

PACER
15 June 19, 2007

CLERKS NOTICE, to cancel Status Conference set for 6/20/07 @ 9:00 am. Parties notified., filed. (bwhite, ) (Entered: 06/19/2007)

PACER
June 19, 2007

***Deadlines terminated. (bwhite, ) (Entered: 06/19/2007)

PACER
26 July 11, 2007

NOTICE of attorney substitution by Equal Employment Opportunity Commission. Attorney Aimee Lynn McFerren terminated, filed. (esmith, ) (Entered: 01/28/2008)

PACER
16 July 12, 2007

STATUS REPORT by Lyondell-Citgo Refining, LP, filed.(Miscovich, Jennifer) (Entered: 07/12/2007)

PACER
17 Jan. 11, 2008

MOTION for Summary Judgment by Lyondell-Citgo Refining, LP, filed. Motion Docket Date 1/31/2008. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Proposed Order)(Johnson, Ethel) (Entered: 01/11/2008)

PACER
18 Jan. 12, 2008

(STRICKEN PER DOC. 21) MOTION for Partial Summary Judgment by Equal Employment Opportunity Commission, filed. Motion Docket Date 2/1/2008. (Wilhite, Connie) Modified on 1/15/2008 (jhancock). (Entered: 01/12/2008)

PACER
19 Jan. 12, 2008

(STRICKEN PER DOC. 21) Exhibits to MOTION for Partial Summary Judgment by Equal Employment Opportunity Commission, filed. Motion Docket Date 2/1/2008. (Attachments: # 1 Exhibit A: Defendant's Answers to Interrogatories# 2 Exhibit B: Defendant's Responses to Requests for Production# 3 Exhibit C: Documents C-1 to C-6# 4 Exhibit C: Documents C-7 to C-15# 5 Exhibit D: Steve Aleman Deposition Excerpts# 6 Exhibit E: Laurie Repnak Deposition Excerpts# 7 Exhibit F: Nancy McConville Deposition Excerpts# 8 Exhibit G: Martha Armstrong Deposition Excerpts# 9 Exhibit H: George Hancock Deposition Excerpts# 10 Exhibit I: Dan Hennington Deposition Excerpts)(Wilhite, Connie) Modified on 1/15/2008 (jhancock). (Entered: 01/12/2008)

PACER
20 Jan. 12, 2008

PROPOSED ORDER re: 19 MOTION for Partial Summary Judgment, 18 MOTION for Partial Summary Judgment, filed.(Wilhite, Connie) (Entered: 01/12/2008)

PACER
21 Jan. 15, 2008

ORDER Striking Document re: 18 MOTION for Partial Summary Judgment, 19 Exhibits to Motion for Partial Summary Judgment.( Signed by Judge Ewing Werlein, Jr ) Parties notified.(jhancock) (Entered: 01/15/2008)

PACER
22 Jan. 15, 2008

MOTION for Extension of Time To File Motion for Summary Judgment by Equal Employment Opportunity Commission, filed. Motion Docket Date 2/4/2008. (Attachments: # 1 Exhibit A: Email Confirmation of MSJ Filing# 2 Exhibit B: Email Confirmation of MSJ Exhibits Filing# 3 Exhibit C: Email Confirmation of MSJ Order Filing# 4 Exhibit D: Affidavit of Connie K. Wilhite)(Wilhite, Connie) (Entered: 01/15/2008)

PACER
23 Jan. 15, 2008

EXHIBITS re: 22 MOTION for Extension of Time To File Motion for Summary Judgment by Equal Employment Opportunity Commission, filed. (Attachments: # 1 Exhibit A: Defendant's Answers to Interrogatories# 2 Exhibit Defendant's Responses to RFP's# 3 Exhibit C: Documents C-1 to C-6# 4 Exhibit D: Documents C-7 to C-15# 5 Exhibit Excerpts from Steve Aleman Deposition# 6 Exhibit E: Excerpts from Laurie Repnak Deposition# 7 Exhibit F: Excerpts from Nancy McConville Deposition# 8 Exhibit G: Excerpts from Martha Armstrong Deposition# 9 Exhibit H: Excerpts from George Hancock Deposition# 10 Exhibit I: Excerpts from Dan Hennington Deposition# 11 Proposed Order Granting MSJ)(Wilhite, Connie) (Entered: 01/15/2008)

PACER
24 Jan. 24, 2008

RESPONSE to 22 MOTION for Extension of Time To File Motion for Summary Judgment Out of Time , filed by Lyondell-Citgo Refining, LP. (Johnson, Ethel) (Entered: 01/24/2008)

PACER
25 Jan. 25, 2008

REPLY in Support of 22 MOTION for Extension of Time To File Motion for Summary Judgment, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit A: Declaration of Connie Wilhite)(Wilhite, Connie) (Entered: 01/25/2008)

PACER
28 Jan. 28, 2008

MOTION for Partial Summary Judgment as to Liability and Defendant's Affirmative Defenses by Equal Employment Opportunity Commission, filed. Motion Docket Date 2/19/2008. This is a duplicate of 18 and was re-filed as of this date per Order #27.(ltien, ) (Entered: 01/29/2008)

PACER
29 Jan. 28, 2008

EXHIBITS re: 28 MOTION for Partial Summary Judgment as to Liability and Defendant's Affirmative Defenses by Equal Employment Opportunity Commission, filed. (Attachments: # 1 Exhibit A: Defendant's Answer to Interrogatories# 2 Exhibit B: Defendant's Responses to Requests for Production# 3 Exhibit C: Documents C-1 to C-6# 4 Exhibit C: Documents C-7 to C-15# 5 Exhibit D: Steve Aleman Deposition Excerpts# 6 Exhibit E: Laurie Repnak Deposition Excerpts# 7 Exhibit F: Nancy McConville Deposition Excerpts# 8 Exhibit G: Martha Armstrong Deposition Excerpts# 9 Exhibit H: George Hancock Deposition Excerpts# 10 Exhibit I: Dan Hennington Deposition Excerpts) This is a duplicate of 19 and was re-filed as of this date per Order #27.(ltien, ) (Entered: 01/29/2008)

PACER
30 Jan. 28, 2008

PROPOSED ORDER re: 28 MOTION for Partial Summary Judgment as to Liability and Defendant's Affirmative Defenses, 29 Exhibits,, filed. This is a duplicate of 20 and was re-filed as of this date per Order #27.(ltien, ) (Entered: 01/29/2008)

PACER
31 Jan. 31, 2008

RESPONSE in Opposition to 17 MOTION for Summary Judgment, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit C: Documents# 2 Exhibit C, Pt. 2# 3 Exhibit D: Aleman Deposition# 4 Exhibit E: Repnak Deposition# 5 Exhibit F: McConville Deposition# 6 Exhibit G: Armstrong Deposition# 7 Exhibit H: Hancock Deposition# 8 Exhibit I: Hennington Deposition# 9 Exhibit J: M. Aleman Deposition# 10 Proposed Order)(Wilhite, Connie) (Entered: 01/31/2008)

PACER
32 Feb. 19, 2008

RESPONSE in Opposition to 28 MOTION for Partial Summary Judgment as to Liability and Defendant's Affirmative Defenses, filed by Lyondell-Citgo Refining, LP. (Ivey, Robert) (Entered: 02/19/2008)

PACER
33 Feb. 20, 2008

REPLY to Response to 17 MOTION for Summary Judgment, filed by Lyondell-Citgo Refining, LP. (Ivey, Robert) Linked to #17 on 2/28/2008 (ltien, ). (Entered: 02/20/2008)

PACER
34 Feb. 28, 2008

REPLY to Response to 28 MOTION for Partial Summary Judgment and SUR-REPLY to Reply to Response to 17 MOTION for Summary Judgment, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Supplement Tables of Contents & Authorities# 2 Exhibit K: Email# 3 Proposed Order Granting Leave)(Wilhite, Connie) Modified on 3/11/2008 (ltien, ). (Entered: 02/28/2008)

PACER
35 Feb. 29, 2008

EXHIBITS re: 34 Reply in Support of Motion, by Equal Employment Opportunity Commission, filed.(Wilhite, Connie) (Entered: 02/29/2008)

PACER
36 March 18, 2008

OBJECTIONS to 34 SUR-REPLY to Reply to Response to 17 MOTION for Summary Judgment, filed by Lyondell-Citgo Refining, LP. (Ivey, Robert) Linked to #17 on 3/20/2008 (ltien, ). (Entered: 03/18/2008)

PACER
37 March 27, 2008

RESPONSE to 36 Objections to 34 Sur-Reply to Reply to Reponse to 17 MOTION for Summary Judgment, filed by Equal Employment Opportunity Commission. (Wilhite, Connie) Linked to #17 on 4/1/2008 (ltien, ). (Entered: 03/27/2008)

PACER
38 April 9, 2008

MEMORANDUM AND ORDER granting 17 Motion for Summary Judgment; denying 28 Motion for Partial Summary Judgment.( Signed by Judge Ewing Werlein, Jr ) Parties notified.(jhancock)

RECAP
39 April 9, 2008

FINAL JUDGMENT. Case terminated on 04/09/2008.( Signed by Judge Ewing Werlein, Jr ) Parties notified.(jhancock) (Entered: 04/09/2008)

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: Aug. 24, 2006

Closing Date: April 9, 2008

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

Lyondell-Citgo Refining, LP

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Other Dockets:

Southern District of Texas 4:06-cv-02738

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Discrimination Area:

Disparate Treatment

Hiring

Discrimination Basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Recommended Citation