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

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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)

Attorney for Plaintiff

Haden, Kara Gibbon (North Carolina)

Massingale, Michelle Price (North Carolina)

Attorney for Defendant

Dortch, Robert C. Jr. (North Carolina)

Expert/Monitor/Master/Other

Brooks, Tamara Williams (North Carolina)

Judge(s)

Mullen, Graham Calder (North Carolina)

Attorney 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)

Attorney for Defendant

Dortch, Robert C. Jr. (North Carolina)

Expert/Monitor/Master/Other

Brooks, Tamara Williams (North Carolina)

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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

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Docket

Last updated March 25, 2025, 8:36 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

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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