Case: EEOC v. BLUE MAX TRUCKING, INC.

3:02-cv-00273 | U.S. District Court for the Western District of North Carolina

Filed Date: June 28, 2002

Closed Date: 2003

Clearinghouse coding complete

Case Summary

On June 28, 2002, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a female dump truck driver (plaintiff-intervenor), filed a lawsuit in the Western District Court of North Carolina, under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, against Blue Max Trucking, Inc. The EEOC sought injunctive relief, compensatory damages, punitive damages, attorneys' fees, and other forms of affirmative relief, claiming that the defendant subjected the plaintiff-intervenor to a sexually hostile work environment.

On September 5, 2002, the plaintiff-intervenor filed a complaint. On August 8, 2003, the District Court (Judge Graham Calder Mullen) entered a consent decree where the defendant, among other things, agreed to pay the plaintiff-intervenor $57,500 and pay for the costs of the mediation.

Summary Authors

Perry Miska (4/13/2014)

People


Judge(s)

Mullen, Graham Calder (North Carolina)

Attorneys(s) for Plaintiff

Haden, Kara Gibbon (North Carolina)

Massingale, Michelle Price (North Carolina)

Reams, Gwendolyn Young (District of Columbia)

Simpson, Bobby C. (North Carolina)

Weinstein, Mindy (North Carolina)

Attorneys(s) for Defendant

Dortch, Robert C. Jr. (North Carolina)

Other Attorney(s)

Active

Judge(s)

Mullen, Graham Calder (North Carolina)

Attorneys(s) for Plaintiff

Haden, Kara Gibbon (North Carolina)

Massingale, Michelle Price (North Carolina)

Reams, Gwendolyn Young (District of Columbia)

Simpson, Bobby C. (North Carolina)

Weinstein, Mindy (North Carolina)

Attorneys(s) for Defendant

Dortch, Robert C. Jr. (North Carolina)

Other Attorney(s)

Brooks, Tamara Williams (North Carolina)

Documents in the Clearinghouse

Document

3:02-cv-00273

Docket

EEOC v. Blue Max Trucking, Inc.

Oct. 6, 2003

Oct. 6, 2003

Docket
1

3:02-cv-00273

Complaint

EEOC v. Blue Max Trucking, Inc.

June 28, 2002

June 28, 2002

Complaint
8

3:02-cv-00273

Intervenor Complaint

EEOC v. Blue Max Trucking

Sept. 5, 2002

Sept. 5, 2002

Complaint
23

3:02-cv-00273

Consent Decree

EEOC v. Blue Max Trucking, Inc.

Aug. 8, 2003

Aug. 8, 2003

Settlement Agreement

Resources

Docket

Last updated July 23, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (former emp) (Entered: 07/01/2002)

June 28, 2002

June 28, 2002

2

CONSENT/REFUSAL to Magistrate Jurisdiction by EEOC - consent (former emp) (Entered: 07/01/2002)

June 28, 2002

June 28, 2002

3

WAIVER OF SERVICE Returned Executed as to Blue Max Trucking 6/28/02 Answer due on 8/27/02 for Blue Max Trucking (former emp) (Entered: 07/16/2002)

July 15, 2002

July 15, 2002

4

CONSENT/REFUSAL to Magistrate Jurisdiction by Blue Max Trucking - refusal (former emp) (Entered: 08/27/2002)

Aug. 27, 2002

Aug. 27, 2002

5

ANSWER to Complaint by Blue Max Trucking (Attorney Robert C. Dortch Jr., Michelle Price Massingale), (former emp) (Entered: 08/27/2002)

Aug. 27, 2002

Aug. 27, 2002

6

MOTION to Intervene by Debra Benson (former emp) (Entered: 09/06/2002)

Sept. 5, 2002

Sept. 5, 2002

7

MEMORANDUM by Debra Benson in support of [6-1] motion to Intervene by Debra Benson (former emp) (Entered: 09/06/2002)

Sept. 5, 2002

Sept. 5, 2002

8

Intervenor's COMPLAINT by Debra Benson against Blue Max Trucking (former emp) Modified on 10/24/2002 (Entered: 09/09/2002)

Sept. 5, 2002

Sept. 5, 2002

9

Certificate of I.A.C. by plaintiff EEOC, defendant Blue Max Trucking, movant Debra Benson (former emp) (Entered: 09/30/2002)

Sept. 30, 2002

Sept. 30, 2002

10

INITIAL PRETRIAL ORDER Discovery deadline is 6/19/03 Motion filing deadline is 7/21/03 Mediation due: 6/19/03 Jury Trial set for 10:00 12/1/03 before Judge Graham C. Mullen ( signed by Judge Graham C. Mullen ) (former emp) (Entered: 10/10/2002)

Oct. 1, 2002

Oct. 1, 2002

11

ORDER granting [6-1] motion to Intervene by Debra Benson ( signed by Judge Graham C. Mullen ) [EOD DATE: 10/16/02] (former emp) (Entered: 10/16/2002)

Oct. 15, 2002

Oct. 15, 2002

12

ANSWER to Complaint/Claim of Intervenor Deborah Benson by Blue Max Trucking (former emp) (Entered: 01/02/2003)

Dec. 31, 2002

Dec. 31, 2002

13

NOTICE by Blue Max Trucking to take deposition of John Allen (former emp) (Entered: 05/20/2003)

May 20, 2003

May 20, 2003

14

NOTICE by Blue Max Trucking to take deposition of Timothy L. McManus (former emp) (Entered: 05/20/2003)

May 20, 2003

May 20, 2003

16

JOINT MOTION by EEOC, Blue Max Trucking to Extend Time re:disc. & dispositive Motions deadline (former emp) (Entered: 05/20/2003)

May 20, 2003

May 20, 2003

17

ORDER granting [16-1] joint motion to Extend Time re:disc. & dispositive Motions deadline, reset Discovery deadline to 8/1/03 , set Motion Filing deadline to 9/1/03 ( signed by Judge Graham C. Mullen ) [EOD DATE: 5/28/03] (former emp) (Entered: 05/28/2003)

May 28, 2003

May 28, 2003

18

AFFIDAVIT of Michelle Price Massigale filed re: service for deopsition subpoena for Timothy McManus (former emp) (Entered: 06/04/2003)

June 4, 2003

June 4, 2003

19

AFFIDAVIT of Michelle Price Massingale filed re: service for deposition subpoena for Jimmy Funderburk (former emp) (Entered: 06/04/2003)

June 4, 2003

June 4, 2003

20

PROTECTIVE ORDER ( signed by Judge Graham C. Mullen ) [EOD DATE: 6/6/03] (former emp) (Entered: 06/06/2003)

June 6, 2003

June 6, 2003

21

Mediator's Report Result: settled - terminated (former emp) (Entered: 07/25/2003)

July 25, 2003

July 25, 2003

22

Substitution of Counsel terminating attorney Mindy E Weinstein for EEOC and substituting Bobby C. Simpson (former emp) (Entered: 08/07/2003)

Aug. 7, 2003

Aug. 7, 2003

23

CONSENT DECREE by plaintiff EEOC, defendant Blue Max Trucking, intervenor-plaintiff Debra Benson, intervenor-defendant Blue Max Trucking (former emp) (Entered: 08/08/2003)

Aug. 8, 2003

Aug. 8, 2003

Case closed (former emp) (Entered: 10/06/2003)

Oct. 6, 2003

Oct. 6, 2003

Case Details

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: June 28, 2002

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of a female dump truck driver who was allegedly subjected to a sexually hostile work environment because of her sex.

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 MAX TRUCKING, INC., Private Entity/Person

Defendant Type(s):

Sanitation/Public Works

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: 57,500

Order Duration: 2003 - 2006

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Expungement of Employment Record

Monitoring

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Private Party intervened in EEOC suit