Case: EEOC v. B P HUDDLESTON & CO INC

4:00-cv-03190 | U.S. District Court for the Southern District of Texas

Filed Date: Sept. 14, 2000

Closed Date: March 26, 2003

Clearinghouse coding complete

Case Summary

In September 2000, the Houston District Office of the EEOC brought this suit against B.P. Huddleston & Co., Inc. and related businesses in the U.S. District Court for the Southern District of Texas alleging discrimination in violation of the Age Discrimination in Employment Act of 1967. Specifically, the defendant required six employees all ages fifty-five and older to involuntarily retire because of their ages. One of the charging parties attempted to intervene in the suit in November 2000, but her motion to intervene was denied about a month later. After some scheduling orders and discovery, the parties settled in September 2001 through a consent decree. We do not have a copy of the decree; therefore, the exact terms of the settlement are unknown.

Summary Authors

Michele Marxkors (7/31/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6794598/parties/eeoc-v-b-p-huddleston-co/


Judge(s)

Rosenthal, Lee Hyman (Texas)

Attorney for Plaintiff

Bowne, Timothy M (Texas)

Sinderson, Mary L (Texas)

Attorney for Defendant

Hamel, Douglas Edward (Texas)

Documents in the Clearinghouse

Documents in this case

4:00-cv-03190

Docket (PACER)

EEOC v. B P Huddleston & Co et al

Sept. 27, 2001

Sept. 27, 2001

Docket
41

4:00-cv-03190

Amended Consent Decree

EEOC v. B P Huddleston & Co Inc et al

Sept. 26, 2001

Sept. 26, 2001

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6794598/eeoc-v-b-p-huddleston-co/

Last updated March 21, 2026, 4:53 a.m.

ECF Number Date Description Link
1 Sept. 14, 2000

COMPLAINT by EEOC filed; (bchurchill) (Entered: 09/14/2000)

RECAP
2 Sept. 14, 2000

Order setting Initial Pretrial and Scheduling Conference on 1:30 12/1/00 before Judge Nancy F. Atlas and Order to Disclose Interested Persons, filed. ( Signed by Judge Nancy F. Atlas ) Parties notified. (bchurchill) (Entered: 09/14/2000)

RECAP
Sept. 14, 2000

3 SUMMONS issued for B P Huddleston & Co, Peter Paul Petroleum, Continental Operatin (bchurchill)

3 Sept. 28, 2000

CERTIFICATE OF INTERESTED PARTIES by EEOC, filed. (psmith) (Entered: 10/02/2000)

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4 Oct. 5, 2000

CERTIFICATE OF INTERESTED PARTIES by B P Huddleston & Co, Peter Paul Petroleum, Continental Operatin, filed. (fmremp) (Entered: 10/05/2000)

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5 Oct. 5, 2000

ANSWER to Complaint by B P Huddleston & Co (Added attorney Douglas Edward Hamel), filed. (fmremp) (Entered: 10/05/2000)

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6 Oct. 5, 2000

ANSWER to Complaint by Peter Paul Petroleum (Added attorney Douglas Edward Hamel), filed. (fmremp) (Entered: 10/05/2000)

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7 Oct. 5, 2000

ANSWER to Complaint by Continental Operatin (Added attorney Douglas Edward Hamel), filed. (fmremp) (Entered: 10/05/2000)

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8 Oct. 5, 2000

CERTIFICATE OF INTERESTED PARTIES by B P Huddleston & Co, Peter Paul Petroleum, Continental Operatin, filed. (psmith) (Entered: 10/05/2000)

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9 Oct. 5, 2000

ANSWER to Complaint by Continental Operating, filed. (psmith) (Entered: 10/05/2000)

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10 Oct. 5, 2000

ANSWER to Complaint by Peter Paul Petroleum, filed. (psmith) (Entered: 10/05/2000)

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11 Oct. 5, 2000

ANSWER to Complaint by B P Huddleston & Co filed. (psmith) (Entered: 10/05/2000)

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12 Oct. 10, 2000

ORDER OF RECUSAL, entered; Parties notified. Deadlines in scheduling orders continue in effect. Court settings are vacated. ( signed by Judge Nancy F. Atlas ) Case reassigned to Judge Lee H. Rosenthal (psmith) (Entered: 10/12/2000)

RECAP
13 Oct. 18, 2000

ORDER FOR CONFERENCE: Parties shall appear for an initial pretrial and scheduling conference before Judge Lee H. Rosenthal on 11/30/00 at 8:45 am and Order to Disclose Interested Persons, filed. ( Signed by Judge Lee Rosenthal ) Parties notified. (fmremp) (Entered: 10/18/2000)

RECAP
14 Nov. 3, 2000

MOTION to intervene as a party pltf by Movant Jean Y Swenson, Motion Docket Date 11/23/00 [14-1] motion, filed. (fmremp) (Entered: 11/06/2000)

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15 Nov. 3, 2000

ORIGINAL COMPLAINT IN INTERVENTION by Jean Y Swenson against Defts B P Huddleston & Co, Peter Paul Petroleum, Continental Operating Company; and JURY DEMAND, filed (Motion For Leave To File Complaint In Intervention denied by Memorandum And Opinion (#21) signed 12/1/00) (fmremp) Modified on 12/05/2000 (Entered: 11/06/2000)

RECAP
16 Nov. 3, 2000

REQUEST FOR A JURY TRIAL by Pltf-Intervenor Jean Y Swenson, filed (Motion For Leave to File Complaint In Intervention denied by Memorandum And Opinion (#21) signed 12/1/00) (fmremp) Modified on 12/05/2000 (Entered: 11/06/2000)

RECAP
17 Nov. 16, 2000

RESPONSE IN OPPOSITION by Deft B P Huddleston & Co to Jean Y Swenson's [14-1] motion to intervene as a party pltf, filed (fmremp) (Entered: 11/17/2000)

RECAP
18 Nov. 21, 2000

JOINT DISCOVERY/Case Management Plan by EEOC, B P Huddleston & Co, Peter Paul Petroleum, Continental Operatin, filed. (psmith) (Entered: 11/22/2000)

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19 Nov. 27, 2000

INITIAL DISCLOSURES by Pltf EEOC, filed. (fmremp) (Entered: 11/27/2000)

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20 Nov. 28, 2000

INITIAL DISCLOSURES by Defts B P Huddleston & Co, Peter Paul Petroleum and Continental Operating Co, filed. (fmremp) (Entered: 11/29/2000)

RECAP
21 Dec. 1, 2000

MEMORANDUM And OPINION denying [14-1] Jean Y Swenson's motion to intervene as a party pltf, entered. Parties notified. ( signed by Judge Lee H. Rosenthal ) (fmremp) (Entered: 12/04/2000)

RECAP
22 Dec. 1, 2000

SCHEDULING And Docket Control ORDER: setting Amending of pleadings 4/2/01 ; Pltf expert witness list submitted by 4/20/01 ; Deft expert witness list submitted by 6/8/01 ; Mediation/ADR deadline 6/15/01; Discovery cutoff 7/27/01 ; Deadline for filing pretrial motions 8/17/01 ; Joint Pretrial order And Motions In Limine to be submitted on or before 10/19/01 ; Docket call deadline 2:00 on 10/26/01 before Judge Lee H. Rosenthal, entered. Parties notified. ( Signed by Judge Lee H. Rosenthal ) (fmremp) (Entered: 12/04/2000)

RECAP
Dec. 1, 2000

Deadline updated; reset dispositive motion filing deadline for 8/17/01 (fmremp)

23 Jan. 22, 2001

MINUTES OF HEARING held before Judge Rosenthal on 1/22/01: Att Apps - Browne f/Pltf, Hamel f/Deft, Ct Rptr - N/A, Court ruled on the extent to which certain nonparties could be excluded from attending deposition,filed (fmremp) (Entered: 01/26/2001)

RECAP
24 April 2, 2001

AMENDED COMPLAINT by EEOC,(Answer due 4/12/01 for Continental Operating Company, Peter Paul Petroleum, and B P Huddleston & Co ) amending [1-1] complaint, filed. (fmremp) (Entered: 04/03/2001)

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25 June 8, 2001

DESIGNATION OF EXPERT WITNESS LIST by B P Huddleston & Co, Peter Paul Petroleum, Continental Operating filed. (ltien) (Entered: 06/11/2001)

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26 June 14, 2001

SUPPLEMENT to defts' [25-1] designation of expert designation by P Huddleston & Co, Peter Paul Petroleum, Continental Operatin, filed. (sguevara) (Entered: 06/14/2001)

RECAP
27 June 15, 2001

JOINT STATUS REPORT On Mediation/ADR, filed - Parties agree to mediation, but recommend that mediation be conducted within 30 days following the close of discovery. Defendants request that the Court order EEOC to appear at mediation with a represenative with full authority to settle case or waive the absolute precondition that confidentiality cannot be part of any settlement agreement. (mhorn) (Entered: 06/22/2001)

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28 June 21, 2001

ORIGINAL ANSWER by Deft Continental Operating Company to Pltf's Amended Complaint, filed. (fmremp) (Entered: 06/22/2001)

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29 June 21, 2001

ORIGINAL ANSWER by Deft B P Huddleston & Co to Pltf's Amended Complaint, filed. (fmremp) (Entered: 06/22/2001)

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30 June 21, 2001

ORIGINAL ANSWER by Deft Peter Paul Petroleum to Pltf's amended complaint, filed. (fmremp) (Entered: 06/22/2001)

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31 July 3, 2001

MEDIATION ORDER referring case to Mediation, entered. Parties ntfd. Nancy L Huston is added as mediator mediation shall occur no later than 8/31/01 ; EEOC to submit chart of charging party's lost earnings and benefits no later than 7/16/01 and defendants to submit written settlement offer no later than 7/27/01. ( signed by Judge Lee H. Rosenthal ) (mhorn) Modified on 07/10/2001 (Entered: 07/09/2001)

RECAP
32 July 17, 2001

JOINT MOTION for agreed protective order by EEOC, B P Huddleston & Co, Peter Paul Petroleum, Continental Operatin, filed (hlerma) (Entered: 07/19/2001)

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33 July 26, 2001

AGREED PROTECTIVE ORDER, entered. Parties ntfd. ( Signed by Judge Lee H. Rosenthal ) (fmremp) (Entered: 07/27/2001)

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35 Aug. 15, 2001

JOINT MOTION to extend motion deadine from 8/17/01 to 8/31/01 by EEOC, B P Huddleston & Co, Peter Paul Petroleum, Continental Operating Company, filed (fmremp) (Entered: 08/17/2001)

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34 Aug. 16, 2001

ORDER that the pretrial motions deadline is extended from Aug. 17/01 to Aug. 31/01, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (hlerma) (Entered: 08/16/2001)

RECAP
Aug. 16, 2001

Deadline updated; reset dispositive motion filing deadline for 8/31/01, per #34. (hlerma)

36 Aug. 20, 2001

ORDER granting [35-1] joint motion to extend motion deadine from 8/17/01 to 8/31/01 reset dispositive motion filing deadline for 8/31/01, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (hlerma) (Entered: 08/20/2001)

RECAP
Aug. 21, 2001

Deadline updated; reset non-dispositve motion filing deadline for 8/31/01, per #34. (hlerma)

37 Aug. 30, 2001

JOINT MOTION To Extend Pretrial Motions Deadline by EEOC, B P Huddleston & Co, Peter Paul Petroleum, Continental Operatin, filed (fmremp) (Entered: 09/04/2001)

RECAP
38 Sept. 6, 2001

ORDER granting [37-1] joint motion to extend pretrial motions deadline; dispositive motion filing deadline for 9/7/01, non-dispositve motion filing deadline for 9/7/01, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (ltien) (Entered: 09/07/2001)

RECAP
39 Sept. 7, 2001

AGREED MOTION to enter consent decree by Pltf EEOC and Defts B P Huddleston & Co, Peter Paul Petroleum, and Continental Operating Company, filed. (fmremp) (Entered: 09/12/2001)

RECAP
40 Sept. 26, 2001

AGREED MOTION to enter amended consent decree by EEOC and Defts B P Huddleston & Co, Peter Paul Petroleum, and Continental Operating Company, filed. (fmremp) (Entered: 09/26/2001)

RECAP
41 Sept. 26, 2001

AMENDED CONSENT DECREE, parties to bear their own costs and attorney's fees, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (fmremp) (Entered: 09/27/2001)

RECAP
Sept. 26, 2001

Case closed (fmremp)

Sept. 27, 2001

Deadline updated; mooting [39-1] agreed motion to enter consent decree (fmremp)

Case Details

State / Territory:

Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 14, 2000

Closing Date: March 26, 2003

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

B.P. Huddleston & Co., Inc.

Continental Operating Company

Peter Paul Petroleum Company

Case Details

Causes of Action:

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

Other Dockets:

Southern District of Texas 4:00-cv-03190

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

Provide antidiscrimination training

Reporting

Amount Defendant Pays: 80000

Order Duration: 2001 - 2003

Issues

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Discrimination Basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits

Recommended Citation