Case: EEOC v. COMMERCIAL COATING SERVICE, INC.

4:03-cv-03984 | U.S. District Court for the Southern District of Texas

Filed Date: Sept. 30, 2003

Closed Date: March 20, 2010

Clearinghouse coding complete

Case Summary

In September 2003, the EEOC district office in Houston, Texas brought this suit against Commercial Coating Service, Inc., a pipe coating contractor in the oil business, in the U.S. District Court for the Southern District of Texas. The EEOC alleged race and color discrimination in violation of Title VII of the Civil Rights Act of 1964. Specifically, a former employee of the defendant alleged that four co-workers constantly used racial slurs to refer to him, instead of his name. When he compl…

In September 2003, the EEOC district office in Houston, Texas brought this suit against Commercial Coating Service, Inc., a pipe coating contractor in the oil business, in the U.S. District Court for the Southern District of Texas. The EEOC alleged race and color discrimination in violation of Title VII of the Civil Rights Act of 1964. Specifically, a former employee of the defendant alleged that four co-workers constantly used racial slurs to refer to him, instead of his name. When he complained about the treatment nothing was done. After enduring this for months, a White male co-worker slipped a noose around his neck and a brawl began. The co-worker was fired, sent to prison, and a formal report was written.

The charging party intervened as a plaintiff. During the litigation, the complainant was awarded damages for non-pecuniary losses prior the the EEOC resolution of the case. The defendant moved for summary judgment, and the motion was granted as to the intervenor-plaintiff's tort claims. After a barrage of discovery motions, the parties settled and a consent decree was entered in March 2006. The employee was awarded $1,000,000 in damages, and the defendant agreed to make a formal apology and to plant a tree on the company's premises in honor of his employment.

The consent decree also stipulated that the defendant would refrain from retaliating or discriminating on the basis of color or race, issue a neutral cover letter, expunge employment records, discipline two supervisors, never provide employment to four named individuals, appoint an EEO consultant, adopt a racial harassment policy, provide EEO training, post EEO notices, implement a complaint system, make a good faith effort to recruit Black people, and submit semiannual compliance reports. No fees or costs were awarded. The terms of the decree ran for four years. The docket sheet does not show any further enforcement; the case was presumably closed in 2010.

Summary Authors

Jason Chester (6/26/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5027095/parties/equal-employment-v-commercial-coating/


Judge(s)

Botley, Calvin (Texas)

Ellison, Keith P. (Texas)

Documents in the Clearinghouse

Documents in this case

4:03-cv-03984

Docket [PACER]

EEOC v. Commercial Coating, et al

April 4, 2006

April 4, 2006

Docket
15

4:03-cv-03984

Memorandum and Order

EEOC v. Commercial Coating Service, Inc.

Feb. 11, 2004

Feb. 11, 2004

Order/Opinion

220 F.R.D. 300

33

4:03-cv-03984

Memorandum and Order [Denying Motion to Strike and Dismiss and Granting Motion to Dismiss]

EEOC, et al., v. Commercial Coating Service, Inc., et al.

June 17, 2004

June 17, 2004

Order/Opinion
69

4:03-cv-03984

Memorandum and Order [Granting in Part Motion for Summary Judgment]

EEOC and Charles Hickman v. Commercial Coating Services, Inc., and John Wrublewski

May 31, 2005

May 31, 2005

Order/Opinion

2005 WL 6439215

171

4:03-cv-03984

Consent Decree

EEOC and Charles Hickman v. Commercial Coating Services, Inc.

March 20, 2006

March 20, 2006

Settlement Agreement

EEOC Litigation Settlement Report

EEOC v. Commercial Coating Services, Inc.

No Court

March 21, 2006

March 21, 2006

Other

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5027095/equal-employment-v-commercial-coating/

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

ECF Number Date Description Link
1 Sept. 30, 2003

COMPLAINT by Equal Employment filed; FILING FEE $ None RECEIPT # None (chorace) (Entered: 10/03/2003)

PACER
2 Sept. 30, 2003

Order setting Initial Pretrial and Scheduling Conference on 1:00 2/13/04 before Judge Nancy F. Atlas and Order to Disclose Interested Persons, filed. Parties notified. (chorace) (Entered: 10/03/2003)

PACER
Sept. 30, 2003

1 SUMMONS issued for Commercial Coating (chorace) (Entered: 10/03/2003)

PACER
3 Oct. 27, 2003

RETURN OF SERVICE executed as to Commercial Coating 10/10/03 filed. Answer due on 10/30/03 for Commercial Coating (kprice) (Entered: 10/29/2003)

PACER
4 Oct. 30, 2003

CERTIFICATE OF INTERESTED PARTY by Commercial Coating , filed. (sjones) (Entered: 11/03/2003)

PACER
5 Oct. 30, 2003

ORIGINAL ANSWER to Complaint by Commercial Coating , filed. (sjones) (Entered: 11/03/2003)

PACER
6 Nov. 4, 2003

CERTIFICATE OF INTERESTED PARTIES by Equal Employment , filed. (kprice) (Entered: 11/05/2003)

PACER
7 Nov. 24, 2003

MOTION for leave of court to intervene as of right , and for leave to bring third party complaint , by Charles Hickman, Motion Docket Date 12/14/03 [7-1] motion, 12/14/03 [7-2] motion , filed. (psmith) (Entered: 11/26/2003)

PACER
8 Nov. 24, 2003

Intervenor's COMPLAINT by Charles Hickman against defendant Commercial Coating , filed (psmith) (Entered: 11/26/2003)

PACER
8 Nov. 24, 2003

THIRD-PARTY COMPLAINT by Charles Hickman against John Wrublewski, filed (psmith) (Entered: 11/26/2003)

PACER
9 Dec. 12, 2003

RESPONSE by Commercial Coating in opposition to proposed intervenor's [7-1] motion for leave of court to intervene as of right, and [7-2] motion for leave to bring third party complaint , filed (kprice) (Entered: 12/22/2003)

PACER
10 Dec. 31, 2003

FIRST SUPPLEMENTAL MOTION for leave of court to intervene by Charles Hickman, Motion Docket Date 1/20/04 [10-1] motion , filed (part 1 of 2). (kprice) (Entered: 01/02/2004)

PACER
10 Dec. 31, 2003

REPLY by Charles Hickman in opposition to [7-1] motion for leave of court to intervene as of right, and [7-2] motion for leave to bring third party complaint , filed (part 2 of 2) (kprice) (Entered: 01/02/2004)

PACER
11 Dec. 31, 2003

Intervenor's COMPLAINT by Charles Hickman, SMH, CH, DH, CH, HH against defendant Commercial Coating, third-party defendant John Wrublewski , filed (kprice) Modified on 01/05/2004 (Entered: 01/02/2004)

PACER
12 Feb. 3, 2004

JOINT DISCOVERY/Case Management Plan by Equal Employment, Commercial Coating, Charles Hickman , filed. (rkonieczny) (Entered: 02/05/2004)

PACER
14 Feb. 6, 2004

RESPONSE by Commercial Coating to Charles Hickman's [10-1] motion for leave of court to intervene , filed. (rkonieczny) (Entered: 02/10/2004)

PACER
15 Feb. 11, 2004

MEMORANDUM AND ORDER granting [10-1] motion for leave of court to intervene granting [7-1] motion for leave of court to intervene as of right granting [7-2] motion for leave to bring third party complaint , entered. Hickman shall immediately file his complaint in intervention. Parties notified. signed by Judge Nancy F. Atlas ) (khightower) Modified on 2/22/2010 (svaught).

RECAP
16 Feb. 12, 2004

INITIAL DISCLOSURE by Commercial Coating , filed. (rkonieczny) (Entered: 02/13/2004)

PACER
17 Feb. 12, 2004

CERTIFICATE OF SERVICE by Commercial Coating re: [16-1] initial disclosures , (rkonieczny) (Entered: 02/13/2004)

PACER
18 Feb. 13, 2004

INITIAL DISCLOSURE by Equal Employment , filed. (khightower) (Entered: 02/16/2004)

PACER
19 Feb. 13, 2004

Hearing Minute Entry Order; Pretrial conference held. Docket Control Order to follow. Ct Reporter: ERO; Apps: R. Sustatia/C. Peckham f/pltf and intv, G. Gordon f/deft, entered. Parties ntfd. ( Signed by Judge Nancy F. Atlas ) (khightower) (Entered: 02/17/2004)

PACER
20 Feb. 13, 2004

DOCKET CONTROL ORDER setting Mediation deadline 4/23/05 Amending of pleadings 6/30/04 ; Joining of parties 4/30/04 ; Pltf expert witness list submitted by 8/30/04 ; Deft expert witness list submitted by 10/15/04 ; Discovery cutoff 1/16/05 ; Deadline for filing all dispositive motions 2/18/05 ; Deadline for filing non-dispositive motions 2/18/05 ; Pretrial order to be submitted on or before 5/20/05 ; Docket call deadline 4:00 5/27/05 ; before Judge Nancy F. Atlas , entered. Parties notified. ETT: 4+ days; jury ( Signed by Judge Nancy F. Atlas ) (khightower) (Entered: 02/17/2004)

PACER
21 Feb. 18, 2004

Intervenor's COMPLAINT by Charles Hickman against Commercial Coating Service, Inc and John Wrublewski, filed (khightower) (Entered: 02/20/2004)

PACER
Feb. 19, 2004

SUMMONS issued for John Wrublewski (psmith) (Entered: 02/19/2004)

PACER
22 March 4, 2004

MOTION for indigency , and for appointment of counsel by John Wrublewski, Motion Docket Date 3/24/04 [22-1] motion, 3/24/04 [22-2] motion , filed. (khightower) (Entered: 03/08/2004)

PACER
23 March 8, 2004

ORDER denying [22-1] motion for indigency denying [22-2] motion for appointment of counsel reset answer due for 4/8/04 for John Wrublewski , entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (khightower) (Entered: 03/10/2004)

PACER
24 March 8, 2004

MOTION for indigency , and for appointment of counsel by John Wrublewski, Motion Docket Date 3/28/04 [24-1] motion, 3/28/04 [24-2] motion , filed. (tward) (Entered: 03/12/2004)

PACER
25 March 10, 2004

MOTION to dismiss complaint in intervention of intervenors' minor children by Commercial Coating, Motion Docket Date 3/30/04 [25-1] motion , filed. (khightower) (Entered: 03/15/2004)

PACER
26 March 10, 2004

ORIGINAL ANSWER to Complaint in Intervention of Intervenor, Charles Hickman, as next friend for SMH, CH(f), DH, CH(m) and HH, minor children by Commercial Coating (Added attorney ), filed. (khightower) (Entered: 03/15/2004)

PACER
27 March 10, 2004

ORIGINAL ANSWER to Complaint n Intervention of Intervenor, Charles Hickman, Individually by Commercial Coating (Added attorney ), filed. (khightower) (Entered: 03/15/2004)

PACER
28 March 10, 2004

MOTION to strike immaterial, impertinent or scandalous matter by Commercial Coating, Motion Docket Date 3/30/04 [28-1] motion , filed. (khightower) (Entered: 03/15/2004)

PACER
29 March 10, 2004

RETURN OF SERVICE executed as to John Wrublewski 3/1/04 filed. (khightower) (Entered: 03/15/2004)

PACER
30 March 17, 2004

INTERVENORS' RESPONSE by Charles Hickman to [28-1] motion to strike immaterial, impertinent or scandalous matter, filed. (tward) (Entered: 03/19/2004)

PACER
31 March 26, 2004

RESPONSE/ANSWER by John Wrublewski to Charles Hickman's [21-1] intervenor complaint, filed. (ddarneille) Modified on 04/05/2004 (Entered: 03/30/2004)

PACER
32 April 1, 2004

VOLUNTARY MOTION to dismiss by Charles Hickman, Motion Docket Date 4/21/04 [32-1] motion , filed. (Part 1 of 3) (khightower) Modified on 04/05/2004 (Entered: 04/04/2004)

PACER
32 April 1, 2004

Alternatively, RESPONSE by Charles Hickman to [25-1] motion to dismiss complaint in intervention of intervenors' minor children , filed. (part 2 of 3) (khightower) Modified on 04/05/2004 (Entered: 04/04/2004)

PACER
32 April 1, 2004

Alternatively, MOTION for continuance of by Charles Hickman, Motion Docket Date 4/21/04 [32-1] motion , filed. (part 3 of 3) (ltien) Modified on 04/05/2004 (Entered: 04/05/2004)

PACER
33 June 17, 2004

MEMORANDUM AND ORDER; denying [32-1] motion to dismiss; denying [28-1] motion to strike immaterial, impertinent or scandalous matter; granting [25-1] motion to dismiss complaint in intervention of intervenors' minor children , entered. It is ORDERED that the claims of the intervenor minor children are DISMISSED WITHOUT PREJUDICE. Parties notified. ( signed by Judge Nancy F. Atlas ) (khightower) Modified on 2/22/2010 (svaught).

RECAP
34 July 20, 2004

AMENDED ANSWER to Complaint by Commercial Coating : amends [5-1] answer , filed. (amaly) (Entered: 07/23/2004)

PACER
35 July 20, 2004

AMENDED ANSWER to Complaint by Commercial Coating : amends [27-1] answer , filed. (amaly) (Entered: 07/23/2004)

PACER
36 July 22, 2004

INITIAL DISCLOSURE by Charles Hickman , filed. (amaly) (Entered: 07/26/2004)

PACER
37 Jan. 6, 2005

FIRST AMENDED INITIAL DISCLOSURES by Charles Hickman, filed.(mbergara, ) (Entered: 01/07/2005)

PACER
39 Jan. 27, 2005

REQUEST for Status Report, filed. (jholland, ) (Entered: 01/27/2005)

PACER
40 Feb. 8, 2005

JOINT STATUS REPORT by all parties, filed.(kmurphy, ) (Entered: 02/10/2005)

PACER
41 Feb. 11, 2005

NOTICE of Hearing : Status Conference set for 2/24/2005 at 10:30 AM before Judge Keith P Ellison, filed. IN CHAMBERS(llerma, ) (Entered: 02/11/2005)

PACER
42 Feb. 16, 2005

MOTION for Summary Judgment by Commercial Coating Service Inc, filed. Motion Docket Date 3/8/2005. (Attachments: Exhibits # 1 Tab A # 2 Tab A cont. # 3 Tab A cont. # 4 Tab A cont. # 5 Tab B # 6 Tab B cont. # 7 Tab C # 8 Tab D # 9 Tab D cont.)(dkelly, ) Additional attachment(s) added on 2/21/2005 (dkelly, ). Modified on 2/21/2005 (dkelly, ). (Entered: 02/21/2005)

PACER
43 Feb. 18, 2005

PROPOSED ORDER re: 42 MOTION for Summary Judgment, filed.(kmurphy, ) (Entered: 02/23/2005)

PACER
44 Feb. 23, 2005

NOTICE of Appearance by W. Jackson Wisdom and James M. Cleary Jr. on behalf of Commercial Coating Service Inc, filed. (kmurphy, ) (Entered: 02/25/2005)

PACER
45 Feb. 25, 2005

Minute Entry: STATUS CONFERENCE held on 2/24/2005. Parties will submit an agreed order regarding mediation. Appearances:C Peckham; G Gordon; R Sustaita.(Court Reporter: J Sanchez)(psmith, ) (Entered: 02/28/2005)

PACER
47 Feb. 28, 2005

Mail Returned Undeliverable as to John Wrublewski re: 38 Notice of Reassignment , filed. (rkonieczny, ) (Entered: 03/03/2005)

PACER
48 Feb. 28, 2005

Mail Returned Undeliverable as to John Wrublewski re: 41 Notice of Hearing , filed. (rkonieczny, ) (Entered: 03/03/2005)

PACER
49 Feb. 28, 2005

Mail Returned Undeliverable as to John Wrublewski re: 39 Request for Status Report , filed. (rkonieczny, ) (Entered: 03/03/2005)

PACER
46 March 1, 2005

AGREED ORDER , filed.(psmith, ) (Entered: 03/03/2005)

PACER
50 March 10, 2005

AGREED ORDER, Parties shall mediate on or before April 8, 2005 before Judge Calvin Botley; Response to Motion for Summary Judgment 42 due by April 18, 2005.( Signed by Judge Keith P Ellison ) Parties notified.(dhansen, ) (Entered: 03/11/2005)

PACER
51 March 21, 2005

NOTICE of Setting Settlement Conference set for 4/7/2005 at 09:00 AM in Courtroom 703 before Magistrate Judge Calvin Botley, filed. (pyebernetsky, ) (Entered: 03/21/2005)

PACER
52 March 21, 2005

Mail Returned Undeliverable as to John Wrublewski re: 50 Order, filed. (dkelly, ) (Entered: 03/22/2005)

PACER
53 April 4, 2005

Mail Returned Undeliverable as to John Wrublewski re: 51 Notice of Setting , filed. (dkelly, ) (Entered: 04/07/2005)

PACER
54 April 16, 2005

Opposed MOTION to Strike 42 MOTION for Summary Judgment by Charles Hickman, filed. Motion Docket Date 5/6/2005. (Attachments: # 1 Exhibit 1 (Affidavit of P. Scarborough)# 2 Exhibit 2 (Depo. Excerpts of P. Scarborough)# 3 Proposed Order Striking Evidence)(Peckham, Charles) (Entered: 04/16/2005)

PACER
55 April 17, 2005

DOCKETED IN ERROR. DOCUMENT WILL BE TERMINATED AND ATTORNEY WILL REFILE CORRECTLY. RESPONSE in Opposition to 42 MOTION for Summary Judgment filed by Charles Hickman. (Attachments: # 1 Exhibit 1 - Affidavit# 2 Exhibit 2 - Scarborough Deposition# 3 Exhibit 3 - Perry Deposition# 4 Exhibit 4 - Henderson Deposition# 5 Exhibit 5 - Wrublewski Deposition# 6 Exhibit 6 - Hickman Deposition# 7 Proposed Order Denying Motion)(Peckham, Charles) Modified on 4/18/2005 (thanniable, ). (Entered: 04/17/2005)

PACER
56 April 18, 2005

Unopposed MOTION for Leave to File Excess Pages by Charles Hickman, filed. Motion Docket Date 5/9/2005. (Attachments: # 1 Proposed Order Granting Leave of Court)(Peckham, Charles) (Entered: 04/18/2005)

PACER
57 April 18, 2005

RESPONSE in Opposition to 42 MOTION for Summary Judgment filed by Charles Hickman. (Attachments: # 1 Exhibit Table# 2 Exhibit 1 - Hickman Affidavit# 3 Exhibit 2 - Scarborough Deposition# 4 Exhibit 3 - Perry Deposition# 5 Exhibit 4 - Henderson Deposition# 6 Exhibit 5 - Wrublewski Deposition# 7 Exhibit 6 - Hickman Deposition# 8 Exhibit 7 - US Supreme Ct. Argument in Va. v. Black# 9 Proposed Order Denying Summary Judgment)(Peckham, Charles) (Entered: 04/18/2005)

PACER
58 April 18, 2005

RESPONSE in Opposition to 42 Defendant's MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exh 9 - 9B # 2 Exh 9C # 3 Exh 9C cnt. # 4 Exh 9D # 5 Exh 9E - 9F)(dkelly, ) (Entered: 04/19/2005)

PACER
59 April 19, 2005

ORDER granting 56 Motion for Leave to File Excess Pages ; Hickman is granted up to 37 pages in length.( Signed by Judge Keith P Ellison ) Parties notified.(sfedele, ) (Entered: 04/20/2005)

PACER
60 April 27, 2005

Opposed MOTION to Strike 55 Response in Opposition to Motion,, 57 Response in Opposition to Motion,, 58 Response in Opposition to Motion by Commercial Coating Service Inc, filed. Motion Docket Date 5/17/2005. (Attachments: # 1 Proposed Order Order Granting Motion to Strike)(Cleary, James) (Entered: 04/27/2005)

PACER
61 April 29, 2005

Reply to Response to 42 MOTION for Summary Judgment filed by Commercial Coating Service Inc. (Cleary, James) (Entered: 04/29/2005)

PACER
62 April 29, 2005

RESPONSE to 54 Opposed MOTION to Strike 42 MOTION for Summary Judgment filed by Commercial Coating Service Inc. (Attachments: # 1 Proposed Order Proposed Order)(Cleary, James) (Entered: 04/29/2005)

PACER
63 April 29, 2005

Mail Returned Undeliverable as to John Wrublewski re: 59 Order on Motion for Leave to File Excess Pages , filed. (rroberts, ) (Entered: 05/03/2005)

PACER
April 29, 2005

*** John Wrublewski was paroled in April and did not leave a forwarding address. (rroberts, ) (Entered: 05/03/2005)

PACER
64 May 5, 2005

RESPONSE CCSI's Reply to Plaintiff's Response to 42 CCSI's MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (dkelly, ) (Entered: 05/05/2005)

PACER
66 May 10, 2005

RESPONSE in Opposition to 60 Opposed MOTION to Strike 55 Response in Opposition to Motion,, 57 Response in Opposition to Motion,, 58 Response in Opposition to Motion filed by Charles Hickman. (Peckham, Charles) (Entered: 05/10/2005)

PACER
67 May 10, 2005

RESPONSE to Defts Objections and 60 Opposed MOTION to Strike, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(psmith, ) (Entered: 05/11/2005)

PACER
May 10, 2005

MOTION for Leave to Amend its Response to Include a Supporting Affidavit, by Equal Employment Opportunity Commission, filed. Motion Docket Date 5/31/2005. (psmith, ) (Part 2 of Instrument #67) (Entered: 05/11/2005)

PACER
68 May 16, 2005

Reply to Response to 60 Opposed MOTION to Strike 55 Response in Opposition to Motion,, 57 Response in Opposition to Motion,, 58 Response in Opposition to Motion, filed by Commercial Coating Service Inc. (Cleary, James) (Entered: 05/16/2005)

PACER
69 May 31, 2005

MEMORANDUM AND ORDER: Granting: # 67 MOTION for Leave to Amend its Response to Include a Supporting Affidavit; Granting-In-Part and Denying-In-Part # 42 MOTION for Summary Judgment; Denying # 60 Opposed MOTION to Strike; Denying: # 54 Opposed MOTION to Strike; .( Signed by Judge Keith P Ellison ) Parties notified.(pfoster, ) Modified on 2/22/2010 (svaught).

RECAP
70 May 31, 2005

JUDGMENT: Because of the Court's Memorandum and Order of today's date, JUDGMENT IS ENTERED in favor of Defendant on Intervenor Charles Hickman's Claims for intentional infliction of emotional distress; negligent hiring, supervision, and retention; assault and battery; and false imprisonment .( Signed by Judge Keith P Ellison ) Parties notified.(pfoster, )

RECAP
71 May 31, 2005

ORDER: The Court has set a trial date for November 14, 2005 at 8:30 am. The parties are notified that a telephonic status conference is scheduled for June 13, 2005 at 2:00 pm to discuss matters in preparation for trial. ( Signed by Judge Keith P Ellison ) Parties notified.(psmith, ) (Entered: 05/31/2005)

PACER
72 June 3, 2005

SUPPLEMENT To EEOC's Response to Defendant's Motion for Summary Judgment by Equal Employment Opportunity Commission, filed.(mewilliams, ) (Entered: 06/06/2005)

PACER
73 June 9, 2005

Unopposed MOTION for Willie E. Gary to Appear Pro Hac Vice by Charles Hickman, Charles Hickman, filed. Motion Docket Date 6/29/2005. (Peckham, Charles) (Entered: 06/09/2005)

PACER
74 June 9, 2005

Unopposed MOTION for Michael A. Lewis to Appear Pro Hac Vice by Charles Hickman, Charles Hickman, filed. Motion Docket Date 6/29/2005. (Peckham, Charles) (Entered: 06/09/2005)

PACER
75 June 9, 2005

Unopposed MOTION for Jason L. Williams to Appear Pro Hac Vice by Charles Hickman, Charles Hickman, filed. Motion Docket Date 6/29/2005. (Peckham, Charles) (Entered: 06/09/2005)

PACER
77 June 10, 2005

Mail Returned Undeliverable as to John Wrublewski re: 71 Order,, Set/Reset Hearings & Other Court Settings, , filed. (rroberts, ) (Entered: 06/10/2005)

PACER
78 June 10, 2005

ORDER granting 73 Motion to Appear Pro Hac Vice as to Willie E. gary.( Signed by Judge Keith P Ellison ) Parties notified.(pfoster, ) (Entered: 06/10/2005)

PACER
79 June 10, 2005

ORDER granting 74 Motion to Appear Pro Hac Vice as to Michael Alden Lewis.( Signed by Judge Keith P Ellison ) Parties notified.(pfoster, ) (Entered: 06/10/2005)

PACER
80 June 10, 2005

ORDER granting 75 Motion to Appear Pro Hac Vice as to Jason Lloyd Williams .( Signed by Judge Keith P Ellison ) Parties notified.(pfoster, ) (Entered: 06/10/2005)

PACER
June 10, 2005

*** John Wrublewski was paroled on 4/5/2004, filed. (rroberts, ) (Entered: 06/10/2005)

PACER
81 June 13, 2005

Minute Entryfor proceedings held before Judge Keith P Ellison. TELEPHONIC SCHEDULING CONFERENCE held on 6/13/2005. Appearances: James M Cleary, Jr, George David Gordon, Charles Henry Peckham, Rodolfo Lucio Sustaita, William J Wisdom.(Court Reporter: Kathy Metzger)(Law Clerk: Paty Young) (Judicial Asst: Lynda Lerma), filed.(llerma, ) (Entered: 06/13/2005)

PACER
82 June 13, 2005

MOTION for Michael Alden Lewis to Appear Pro Hac Vice by Charles Hickman, filed. Motion Docket Date 7/5/2005. (rroberts, ) (Entered: 06/13/2005)

PACER
83 June 13, 2005

MOTION for Jason Lloyd Williams to Appear Pro Hac Vice by Charles Hickman, filed. Motion Docket Date 7/5/2005. (rroberts, ) (Entered: 06/13/2005)

PACER
84 June 13, 2005

MOTION for Willie E. Gary to Appear Pro Hac Vice by Charles Hickman, filed. Motion Docket Date 7/5/2005. (rroberts, ) (Entered: 06/13/2005)

PACER
85 June 13, 2005

MEMORANDUM in support of motions Pro Hac Vice re: 82 MOTION for Michael Alden Lewis to Appear Pro Hac Vice, 83 MOTION for Jason Lloyd Williams to Appear Pro Hac Vice, 84 MOTION for Willie E. Gary to Appear Pro Hac Vice by Charles Hickman, filed.(rroberts, ) (Entered: 06/13/2005)

PACER
87 June 13, 2005

Minute Entry for proceedings held before Judge Keith P Ellison. Proceedings held on 6/13/2005. Order to be entered regarding due dates. Appearances: James M Cleary, Jr, George David Gordon, Charles Henry Peckham, Rodolfo Lucio Sustaita, William J Wisdom.(Court Reporter: Kathy Metzger) (Law Clerk: Paty Young) (Judicial Asst: Lynda Lerma), filed.(llerma) (Entered: 06/14/2005)

PACER
86 June 14, 2005

ORDER Deft Expert Report due by 9/11/2005 Discovery due by 10/17/2005 Joint Pretrial Order due by 11/1/2005 Pltf Expert Report due by 7/13/2005 Pltf Expert Witness List due by 6/18/2005 Jury Trial set for 11/14/2005 at 08:30 AM in Courtroom 8C before Judge Keith P Ellison.( Signed by Judge Keith P Ellison ) Parties notified.(pfoster, ) (Entered: 06/14/2005)

PACER
88 June 17, 2005

DESIGNATION OF EXPERT WITNESS LIST by Charles Hickman, Charles Hickman, filed.(Peckham, Charles) (Entered: 06/17/2005)

PACER
89 June 17, 2005

DESIGNATION OF EXPERT WITNESS LIST by Equal Employment Opportunity Commission, filed.(mewilliams, ) (Entered: 06/17/2005)

PACER
90 July 1, 2005

ORDER: The parties are notified that a hearing is scheduled for July 7, 2005 at 4:15 pm. Parties may participate by telephone and should be prepared to discuss the pending Motion for Protection.( Signed by Judge Keith P Ellison ) Parties notified.(psmith, ) (Entered: 07/01/2005)

PACER
91 July 5, 2005

Opposed MOTION for Protective Order by Charles Hickman, Charles Hickman, filed. Motion Docket Date 7/25/2005. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Proposed Order)(Peckham, Charles) (Entered: 07/05/2005)

PACER
92 July 6, 2005

RESPONSE to 91 Opposed MOTION for Protective Order, filed by Commercial Coating Service Inc. (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 Proposed Order Order Denying Motion for Protection)(Cleary, James) (Entered: 07/06/2005)

PACER
93 July 6, 2005

Reply in Support of 91 Opposed MOTION for Protective Order, filed by Charles Hickman, Charles Hickman. (Attachments: # 1 Exhibit 1)(Peckham, Charles) (Entered: 07/06/2005)

PACER
94 July 7, 2005

Minute Entry: for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 7/7/2005 denying 91 Opposed MOTION for Protective Order. Intervenor is not precluded from re-urging his arguments as to the admissibility of the MMPI-II.Set for: 4:15 p.m.Start: 4:15 p.m. End: 4:30 p.m. Appearances:Rudy Sustaita f/ EEOC; Charles Peckham f/Intervenor; George Gordon, James Clearly, William Wisdom f/ Dft.(Court Reporter: Cher Barron)(Law Clerk: Patricia Young)(Case Manager: Priscilla M. Foster), filed.(pfoster, ) (Entered: 07/07/2005)

PACER
95 July 8, 2005

Mail Returned Undeliverable as to John Wrublewski re: 90 Order, filed. (kmurphy, ) (Entered: 07/08/2005)

PACER

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: Sept. 30, 2003

Closing Date: March 20, 2010

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

Commercial Coating Service, Inc.

John Wrublewski

Case Details

Causes of Action:

State Anti-Discrimination Law

State law

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

Other Dockets:

Southern District of Texas 4:03-cv-03984

Available Documents:

Any published opinion

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:

Apology

Auditing

Develop anti-discrimination policy

Discrimination Prohibition

Expungement of Employment Record

Implement complaint/dispute resolution process

Monitoring

Monitor/Master

Neutral/Positive Reference

Other requirements regarding hiring, promotion, retention

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Retaliation Prohibition

Amount Defendant Pays: 1000000

Order Duration: 2006 - 2010

Issues

Discrimination Area:

Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation