Case: EEOC v. BLUE FLASH EXPRESS LLC

4:06-cv-00755 | U.S. District Court for the Southern District of Texas

Filed Date: March 7, 2006

Closed Date: Nov. 10, 2008

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Case Summary

In March 2006, this case was brought by the EEOC's Houston District Office against Blue Flash Express in the U.S. District Court for the Southern District of Texas. The complaint alleged that the defendant violated Title VII of the Civil Rights Act of 1964 by terminating the charging party, a female Hispanic employee, in retaliation for her opposition to the distribution of racially derogatory materials by her manager. After the defendant's motion for summary judgment was denied in March 2007, the parties settled through a consent decree in early May 2007. The decree, containing both non-discrimination and non-retaliation clauses, provided that the defendant must pay $7,000 to the charging party and post an EEOC provided notice in the workplace. The settlement term was 18 months. The docket sheet does not show any further enforcement; the case was presumably closed in 2008.

Summary Authors

Michele Marxkors (5/31/2007)

Clearinghouse (6/12/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71945950/parties/equal-employment-opportunity-commission-v-blue-flash-express-llc/

Judge(s)

Lake, Simeon Timothy (Texas)

Judge(s)

Lake, Simeon Timothy (Texas)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

4:06-cv-00755	Docket (PACER) Equal Employment Opportunity Commission v. Blue Flash Express LLC	May 10, 2007	May 10, 2007 Docket
1 4:06-cv-00755	Original Complaint EEOC v. Blue Flash Express, L.L.C.	March 7, 2006	March 7, 2006 Complaint
21 4:06-cv-00755	Order EEOC v. Blue Flash Express, L.L.C.	March 22, 2007	March 22, 2007 Order/Opinion
4:06-cv-00755	Consent Decree EEOC v. Blue Flash Express, L.L.C.	May 10, 2007	May 10, 2007 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

See docket on RECAP: https://www.courtlistener.com/docket/71945950/equal-employment-opportunity-commission-v-blue-flash-express-llc/

Last updated Sept. 17, 2026, 11:59 p.m.

Docket for: Equal Employment Opportunity Commission v. Blue Flash Express LLC

ECF Number	Date	Description	Link
1	March 7, 2006	COMPLAINT against Blue Flash Express LLC (Filing fee $ 250) filed by Equal Employment Opportunity Commission.(rsmith, ) Additional attachment(s) added on 3/8/2006 (smurdock, ). (Entered: 03/07/2006)	RECAP
2	March 7, 2006	ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/16/2006 at 03:00 PM in Courtroom 9B before Judge Sim Lake. ( Signed by Judge Sim Lake ) Parties notified. (rsmith, ) (Entered: 03/07/2006)	RECAP
	March 7, 2006	Summons Issued as to Blue Flash Express LLC , filed.(rsmith, ) (Entered: 03/07/2006)	PACER
	March 7, 2006	Summons Issued as to Blue Flash Express LLC, filed.(rsmith, )
	March 10, 2006	Fee waived re: 1 Complaint , filed. (agould, ) (Entered: 03/10/2006)	PACER
	March 10, 2006	Fee waived re: 1 Complaint, filed. (agould, )
3	March 20, 2006	CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opportunity Commission, filed.(Boutchee, Kathy) (Entered: 03/20/2006)	RECAP
	March 29, 2006	Summons Issued as to Blue Flash Express LLC , filed.(blacy, ) (Entered: 03/29/2006)	PACER
	March 29, 2006	Summons Issued as to Blue Flash Express LLC, filed.(blacy, )
4	April 26, 2006	ANSWER to Complaint by Blue Flash Express LLC, filed.(Bruckner, William) (Entered: 04/26/2006)	RECAP
5	May 4, 2006	CERTIFICATE OF INTERESTED PARTIES by Blue Flash Express LLC, filed.(Burke, Michael) (Entered: 05/04/2006)	RECAP
6	May 8, 2006	JOINT DISCOVERY/CASE MANAGEMENT PLAN by Blue Flash Express LLC, filed.(Bruckner, William) (Entered: 05/08/2006)	RECAP
7	May 9, 2006	Unopposed MOTION to Withdraw 6 JointDiscovery/Case Management Plan by Blue Flash Express LLC, filed. Motion Docket Date 5/30/2006. (Bruckner, William) (Entered: 05/09/2006)	RECAP
8	May 10, 2006	ORDER granting 7 Motion to Withdraw; withdrawing 6 JointDiscovery/Case Management Plan .( Signed by Judge Sim Lake ) Parties notified.(hcarr, ) (Entered: 05/10/2006)	RECAP
9	May 16, 2006	Unopposed MOTION to Substitute Counsel by Equal Employment Opportunity Commission, filed. Motion Docket Date 6/5/2006. (Martin, Erania) (Entered: 05/16/2006)	RECAP
10	May 16, 2006	REPORT of Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission, filed.(Martin, Erania) (Entered: 05/16/2006)	RECAP
11	May 17, 2006	ORDER granting 9 Motion to Substitute .( Signed by Judge Sim Lake ) Parties notified.(hcarr, ) (Entered: 05/19/2006)	RECAP
12	June 15, 2006	INITIAL DISCLOSURES by Equal Employment Opportunity Commission, filed. (Attachments: # 1 Supplement Documents too Voluminous, will be produced under separate cover)(Martin, Erania) (Entered: 06/15/2006)	RECAP
13	June 15, 2006	INITIAL DISCLOSURES by Equal Employment Opportunity Commission, filed.(Martin, Erania) (Entered: 06/15/2006)	RECAP
14	June 16, 2006	MINUTE ENTRY ORDER: Initial Conference held. Docket Control Order entered. Appearances: William H Bruckner, Erania Ebron Martin. Ct Reporter: Ed Reed.( Signed by Judge Sim Lake ) Parties notified.(dhansen) (Entered: 06/16/2006)	RECAP
15	June 16, 2006	SCHEDULING ORDER: Amended Pleadings due by 9/1/2006 Joinder of Parties due by 9/1/2006 Pltf Expert Report due by 2/2/2007 Deft Expert Report due by 3/9/2007 Discovery due by 4/27/2007 Dispositive Motion Filing due by 2/16/2007 Non-Dispositive Motion Filing due by 4/20/2007 Joint Pretrial Order due by 5/4/2007 Docket Call set for 5/11/2007 at 04:00 PM in Courtroom 9B before Judge Sim Lake.( Signed by Judge Sim Lake ) Parties notified.(dhansen) (Entered: 06/16/2006)	RECAP
16	Sept. 26, 2006	NOTICE of Change of Address by Bruckner Burch PLLC, counsel for Blue Flash Express LLC, filed. (Burke, Michael) (Entered: 09/26/2006)	RECAP
17	Sept. 29, 2006	RETURN of Service Executed as to Leonard Aguillard on 4/6/2006 re: Summons, filed.(sbyrum, ) (Entered: 10/02/2006)	RECAP
18	Nov. 15, 2006	NOTICE of attorney substitution by Equal Employment Opportunity Commission. Attorney Kathy D. Boutchee added. Attorney Erania Ebron Martin terminated, filed. (Boutchee, Kathy) (Entered: 11/15/2006)	RECAP
19	Feb. 16, 2007	MOTION for Summary Judgment by Blue Flash Express LLC, filed. Motion Docket Date 3/8/2007. (Attachments: # 1 Brief In Support Of Motion For Summary Judgment# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Proposed Order)(Bruckner, William) (Entered: 02/16/2007)	RECAP
20	March 8, 2007	RESPONSE in Opposition to 19 MOTION for Summary Judgment, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order # 2 Affidavit Boutchee Affidavit# 3 Exhibit Exhibit 1# 4 Exhibit Exhibit 2# 5 Affidavit Ruff Affd# 6 Exhibit Exhibit 3# 7 Exhibit Exhibit 4# 8 Exhibit Exhibit 5)(Boutchee, Kathy) (Entered: 03/08/2007)	RECAP
21	March 22, 2007	ORDER DENYING 19 MOTION for Summary Judgment, Joint Pretrial Order due by 5/11/2007 Docket Call set for 5/18/2007 at 04:00 PM in Courtroom 9B before Judge Sim Lake.( Signed by Judge Sim Lake ) Parties notified.(dhansen, ) (Entered: 03/22/2007)	RECAP
22	May 4, 2007	Agreed MOTION for Entry of Order re: Entry of Consent Decree by Equal Employment Opportunity Commission, filed. Motion Docket Date 5/24/2007. (Attachments: # 1 Proposed Order Consent Decree)(Boutchee, Kathy) (Entered: 05/04/2007)	RECAP
23	May 10, 2007	ORDER granting 22 Agreed MOTION for Entry of Order re: Entry of Consent Decree, Case terminated on 5/10/2007.( Signed by Judge Sim Lake ) Parties notified.(hcarr, ) (Entered: 05/10/2007)	RECAP

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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: March 7, 2006

Closing Date: Nov. 10, 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

Blue Flash Express, L.L.C.

Case Details

Causes of Action:

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

Other Dockets:

Southern District of Texas 4:06-cv-00755

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

Post/Distribute Notice of Rights / EE Law

Retaliation Prohibition

Amount Defendant Pays: 7000

Order Duration: 2007 - 2008

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

National origin discrimination

Affected National Origin/Ethnicity(s):

Indian

EEOC-centric:

Direct Suit on Merits

Recommended Citation

Case Summary of EEOC v. BLUE FLASH EXPRESS LLC, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/5638/ (last updated 6/12/2017).