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

Clearinghouse coding complete

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)

Documents in the Clearinghouse

Document

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

Resources

Docket

Last updated Aug. 11, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

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)

March 7, 2006

March 7, 2006

Summons Issued as to Blue Flash Express LLC , filed.(rsmith, ) (Entered: 03/07/2006)

March 7, 2006

March 7, 2006

2

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)

March 7, 2006

March 7, 2006

Fee waived re: 1 Complaint , filed. (agould, ) (Entered: 03/10/2006)

March 10, 2006

March 10, 2006

3

CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opportunity Commission, filed.(Boutchee, Kathy) (Entered: 03/20/2006)

March 20, 2006

March 20, 2006

Summons Issued as to Blue Flash Express LLC , filed.(blacy, ) (Entered: 03/29/2006)

March 29, 2006

March 29, 2006

4

ANSWER to Complaint by Blue Flash Express LLC, filed.(Bruckner, William) (Entered: 04/26/2006)

April 26, 2006

April 26, 2006

5

CERTIFICATE OF INTERESTED PARTIES by Blue Flash Express LLC, filed.(Burke, Michael) (Entered: 05/04/2006)

May 4, 2006

May 4, 2006

6

JOINT DISCOVERY/CASE MANAGEMENT PLAN by Blue Flash Express LLC, filed.(Bruckner, William) (Entered: 05/08/2006)

May 8, 2006

May 8, 2006

7

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)

May 9, 2006

May 9, 2006

8

ORDER granting 7 Motion to Withdraw; withdrawing 6 JointDiscovery/Case Management Plan .( Signed by Judge Sim Lake ) Parties notified.(hcarr, ) (Entered: 05/10/2006)

May 10, 2006

May 10, 2006

9

Unopposed MOTION to Substitute Counsel by Equal Employment Opportunity Commission, filed. Motion Docket Date 6/5/2006. (Martin, Erania) (Entered: 05/16/2006)

May 16, 2006

May 16, 2006

10

REPORT of Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission, filed.(Martin, Erania) (Entered: 05/16/2006)

May 16, 2006

May 16, 2006

11

ORDER granting 9 Motion to Substitute .( Signed by Judge Sim Lake ) Parties notified.(hcarr, ) (Entered: 05/19/2006)

May 17, 2006

May 17, 2006

12

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)

June 15, 2006

June 15, 2006

13

INITIAL DISCLOSURES by Equal Employment Opportunity Commission, filed.(Martin, Erania) (Entered: 06/15/2006)

June 15, 2006

June 15, 2006

14

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)

June 16, 2006

June 16, 2006

15

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)

June 16, 2006

June 16, 2006

16

NOTICE of Change of Address by Bruckner Burch PLLC, counsel for Blue Flash Express LLC, filed. (Burke, Michael) (Entered: 09/26/2006)

Sept. 26, 2006

Sept. 26, 2006

17

RETURN of Service Executed as to Leonard Aguillard on 4/6/2006 re: Summons, filed.(sbyrum, ) (Entered: 10/02/2006)

Sept. 29, 2006

Sept. 29, 2006

18

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)

Nov. 15, 2006

Nov. 15, 2006

19

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)

Feb. 16, 2007

Feb. 16, 2007

20

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)

March 8, 2007

March 8, 2007

21

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)

March 22, 2007

March 22, 2007

22

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)

May 4, 2007

May 4, 2007

23

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)

May 10, 2007

May 10, 2007

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

Blue Flash Express, L.L.C. (LaPorte), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 7000

Order Duration: 2007 - 2008

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

National origin discrimination

EEOC-centric:

Direct Suit on Merits

National Origin/Ethnicity:

Indian