Case: Dube v. Eagle USA Airfreight, Inc.

4:01-cv-00900 | U.S. District Court for the Southern District of Texas

Filed Date: March 13, 2001

Closed Date: May 29, 2007

Clearinghouse coding complete

Case Summary

On May 12, 2000, several employees of Eagle Global Logistics filed this class-action lawsuit in the U.S. District Court for the Eastern District of Pennsylvania. Plaintiffs sued Eagle under Title VII of the Civil Rights Act (42 U.S.C. § 2000e), the Equal Pay Act (29 U.S.C. § 206(d)), and the Age Discrimination in Employment Act (29 U.S.C. §§ 621 et seq). The plaintiffs, represented by a combination of public interest and private attorneys, sought declaratory and injunctive relief requiring Eagl…

On May 12, 2000, several employees of Eagle Global Logistics filed this class-action lawsuit in the U.S. District Court for the Eastern District of Pennsylvania. Plaintiffs sued Eagle under Title VII of the Civil Rights Act (42 U.S.C. § 2000e), the Equal Pay Act (29 U.S.C. § 206(d)), and the Age Discrimination in Employment Act (29 U.S.C. §§ 621 et seq). The plaintiffs, represented by a combination of public interest and private attorneys, sought declaratory and injunctive relief requiring Eagle to change its discriminatory workplace practices.

Specifically, plaintiffs alleged that Eagle failed and refused to promote African Americans, Hispanics, and women into managerial positions. They further alleged that Eagle refused to hire the same groups of people into warehouse, delivery, and truck driver positions. Additionally, plaintiffs alleged that Eagle maintained a hostile working environment with respect to the terms of their employment, including inadequately addressing incidents of workplace harassment. Finally, the plaintiffs alleged that Eagle paid members of the aforementioned groups less than their Caucasian and/or male counterparts for the same work.

On February 1, 2001, Judge Marvin Katz granted the Equal Employment Opportunity Commission’s (EEOC) motion to intervene on behalf of the plaintiffs. On the same day, the court also granted the EEOC’s motion to transfer the case from the Eastern District of Pennsylvania to the Southern District of Texas.

On October 1, 2001, the EEOC announced a $9,000,000 settlement agreement with Eagle as part of a consent decree. The money was a combination of $8,500,000 in damages and settlement awards for the employees who were part of the original class and $500,000 to fund a leadership and professional training program for women and minorities at Eagle. The consent decree also stayed two related cases in the same court: No. H-00-1535 and H-98-0316 (sealed).

However, the original plaintiffs felt that the consent decree did not represent justice for them individually. They moved to certify a class containing every person who ever worked for or applied to Eagle since 1994 who was not a white or Asian male. Judge Lynn N. Hughes denied the motion because the consent decree obtained by the EEOC allowed people to present individual claims. 204 F.R.D. 312.

Not to be so easily deterred, the plaintiffs requested a fairness hearing, which Judge Hughes promptly declined on November 7, 2001. He reasoned that such complaints as “the Commission sold us out, why did the government side with these hooligans, the Chairwoman wouldn't listen to our cries, nothing like this has ever been done before, [and] our voices have been silenced,” failed to mention any actual injury done to the plaintiffs or other similarly affected people that the consent decree failed to respond to and provide relief for. Judges Hughes went on to reprimand the plaintiffs' counsel for “crassly grasp[ing] after class fees, wasting the resources of the Commission, Eagle, and the court.”

On appeal by the original plaintiffs, the U.S. Court of Appeals for the Fifth Circuit on December 3, 2002, went onto order sanctions under Rule 38 against one of the law firms representing the plaintiffs. The sanctions required payment of the attorneys' fees and costs actually incurred by the defendant following the consent decree, which totaled $71,117.75. By June 5, 2003, all of the individual plaintiffs’ claims were dismissed with prejudice.

Over the course of the three years following the consent decree, however, it became clear that $9,000,000 far exceeded the funds necessary based on the actual number of claims. Eagle moved to strike additional hiring class and adverse treatment class claims after the EEOC tried repeatedly to expand the classes beyond what Eagle considered to be the original qualifications in “what appears to be the EEOC's desire to simply hand over $8.5 million for distribution as it pleases.” The court stepped in on December 21, 2004 and ordered the parties to meet.

On February 7, 2005 the parties filed a joint motion to modify the consent degree’s class fund account. Judge Hughes allowed the modification of the consent decree on February 14, 2005. It allowed for $1,125,000 to be retained in a class fund in an interest-bearing account for the payment of known and future claims. Eagle also indemnified the fund in the event that the total amount awarded exceeded $1,125,000. Additionally, $1,400,000 was transferred for the Leadership Development Fund started and maintained as per the consent decree. Eagle was then allowed to recapture the remaining $5,975,000 plus interest.

Finally, a joint motion to dismiss with prejudice was filed on May 18, 2007 as both parties agreed that the consent decree had been completed and its terms satisfied. All three cases (the two stayed by the consent decree and this present case) were dismissed with prejudice May 29, 2007.

The case is now closed.

Summary Authors

Madeline Buday (10/15/2020)

Related Cases

Dube v. Eagle Global Logistics, Eastern District of Pennsylvania (2000)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/13970856/parties/dube-v-eagle-global-logisti/


Judge(s)

Hart, Jacob P. (Pennsylvania)

Hughes, Lynn Nettleton (Texas)

Katz, Marvin (Pennsylvania)

Attorneys(s) for Plaintiff

Bensing, Daniel (District of Columbia)

Cannon, Ernest H (Texas)

Guttman, Reuben (District of Columbia)

McCafferty, Brian P (Pennsylvania)

Rosen, Marian S (Texas)

Attorneys(s) for Defendant

Herms, Curtis Dean Jr (Texas)

Patterson, Nancy Lynne (Texas)

Judge(s)

Hart, Jacob P. (Pennsylvania)

Hughes, Lynn Nettleton (Texas)

Katz, Marvin (Pennsylvania)

Attorneys(s) for Plaintiff

Bensing, Daniel (District of Columbia)

Cannon, Ernest H (Texas)

Guttman, Reuben (District of Columbia)

McCafferty, Brian P (Pennsylvania)

Rosen, Marian S (Texas)

Attorneys(s) for Defendant

Herms, Curtis Dean Jr (Texas)

Patterson, Nancy Lynne (Texas)

Other Attorney(s)

Bruckner, William H (Texas)

Cash, William A. Jr (Tennessee)

Fauntleroy, J Parker Jr (Texas)

Green, J Bradley (Tennessee)

Griffiths, Bruce V. (Texas)

Inzeo, Nicholas (Tennessee)

Kores, Katharine W. (Tennessee)

Reams, Gwendolyn Young (Tennessee)

Documents in the Clearinghouse

Document

4:98-cv-00316

Docket [PACER]

Eagle USA Airfreight, Inc. v. EEOC

May 29, 2007

May 29, 2007

Docket

4:01-cv-00900

Docket [PACER]

Dube, et. al. v. Eagle Global Logistics

Aug. 28, 2007

Aug. 28, 2007

Docket
127

4:98-cv-00316

4:00-cv-01535

Order [creating new case number]

Eagle USA Airfreight, Inc. v. EEOC

May 8, 2000

May 8, 2000

Order/Opinion
28

2:00-cv-02461

Memorandum and Order

Dube v. Eagle Global Logistics

U.S. District Court for the Eastern District of Pennsylvania

102 F.Supp.2d 216

July 5, 2000

July 5, 2000

Order/Opinion
157

4:01-cv-00900

Consent Decree

EEOC v. Eagle USA Airfreight, Inc.

Oct. 1, 2001

Oct. 1, 2001

Settlement Agreement

EEOC and Eagle Global Logistics Settle Employment Discrimination Lawsuit with $9 Million Consent Decree

EEOC v. Eagle USA Airfreight, Inc.

No Court

Oct. 1, 2001

Oct. 1, 2001

Press Release
195

4:01-cv-00900

Opinion on Class Non-Certification

Dube, et. al. v. Eagle Global Logistics

204 F.R.D. 312

Oct. 30, 2001

Oct. 30, 2001

Order/Opinion
202

4:01-cv-00900

Opinion on Fairness Hearing

Dube et. al. v. Eagle Global Logistics

Nov. 7, 2001

Nov. 7, 2001

Order/Opinion
247

4:01-cv-00900

Order of Dismissal with Prejudice

Dube, et. al. v. Eagle USA Airfreight, Inc.

April 11, 2003

April 11, 2003

Order/Opinion
249

4:01-cv-00900

Order of Dismissal with Prejudice

Dube, et. al. v. Eagle USA Airfreight, Inc.

June 5, 2003

June 5, 2003

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13970856/dube-v-eagle-global-logisti/

Last updated Aug. 1, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link

CASE reassigned to Judge Lynn N. Hughes (fmremp) (Entered: 02/18/1998)

Feb. 10, 1998

Feb. 10, 1998

293

Letter

Oct. 1, 2019

Oct. 1, 2019

PACER
293

Letter

Oct. 1, 2019

Oct. 1, 2019

PACER
293

Letter

Oct. 1, 2019

Oct. 1, 2019

PACER

Deadline updated; reset review deadline for 9/21/98 (fmremp) (Entered: 07/01/1998)

June 30, 1998

June 30, 1998

Deadline updated; reset review deadline for 1/4/99 before Judge Lynn N. Hughes (fmremp) (Entered: 11/20/1998)

Nov. 20, 1998

Nov. 20, 1998

Case closed (fmremp) Modified on 01/12/1999 (Entered: 01/12/1999)

Jan. 11, 1999

Jan. 11, 1999

Case reopened (fmremp) (Entered: 01/13/1999)

Jan. 13, 1999

Jan. 13, 1999

Deadline updated; reset review deadline for 7/26/99 before Judge Lynn N. Hughes (fmremp) (Entered: 01/28/1999)

Jan. 28, 1999

Jan. 28, 1999

Deadline updated; reset review deadline for 5/24/99 before Judge Lynn N. Hughes (fmremp) (Entered: 04/20/1999)

April 19, 1999

April 19, 1999

126

SEALED MOTION , filed (fmremp) (Entered: 04/21/1999)

April 19, 1999

April 19, 1999

Deadline updated; reset review deadline for 5/10/99 before Judge Lynn N. Hughes (fmremp) (Entered: 04/23/1999)

April 22, 1999

April 22, 1999

Deadline updated; reset review deadline for 6/28/99 before Judge Lynn N. Hughes (fmremp) (Entered: 06/02/1999)

June 2, 1999

June 2, 1999

MISCELLANEOUS REVIEW deadline set for 8/16/99 before Judge Lynn N. Hughes. (aainsworth) (Entered: 06/29/1999)

June 28, 1999

June 28, 1999

Deadline updated; reset review deadline for 12/13/99 before Judge Lynn N. Hughes (ckrus) (Entered: 08/16/1999)

Aug. 16, 1999

Aug. 16, 1999

Deadline updated; set pretrial conference for 4:00 1/7/00 before Judge Lynn N. Hughes (fmremp) (Entered: 12/21/1999)

Dec. 20, 1999

Dec. 20, 1999

Deadline updated; reset pretrial conference for 4:00 1/11/00 before Judge Lynn N. Hughes (fmremp) (Entered: 01/05/2000)

Jan. 5, 2000

Jan. 5, 2000

Deadline updated; reset miscellaneous hearing 9:00 5/5/00 before Judge Lynn N. Hughes (fmremp) (Entered: 04/26/2000)

April 25, 2000

April 25, 2000

Deadline updated; reset miscellaneous hearing 5:00 5/4/00 before Judge Lynn N. Hughes (fmremp) (Entered: 05/01/2000)

May 1, 2000

May 1, 2000

127

ORDER OF DISMISSAL with prejudice.( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly, ) (Entered: 05/29/2007)

May 29, 2007

May 29, 2007

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: March 13, 2001

Closing Date: May 29, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Employees of Eagle USA AirFreight, Inc.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Eagle Global Logistics, Private Entity/Person

Defendant Type(s):

Transportation

Case Details

Causes of Action:

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

Equal Pay Act, 29 U.S.C. § 206(d)

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

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

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: 9,000,000

Order Duration: 2001 - 2007

Content of Injunction:

Training

Issues

General:

Disparate Treatment

Pattern or Practice

Discrimination-area:

Demotion

Discipline

Harassment / Hostile Work Environment

Hiring

Pay / Benefits

Promotion

Discrimination-basis:

Age discrimination

National origin discrimination

Race discrimination

Sex discrimination

Race:

Black

Affected Gender:

Female

EEOC-centric:

EEOC Intervened in Private Suit

National Origin/Ethnicity:

Hispanic