Case 4:06-cv-00755 Document 1 Filed 03/07/2006 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT

United States Courts Southern District of Texas

FOR THE SOUTHERN DISTRICT OF TEXAS

FILED

HOUSTON DIVISION

EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION Plaintiff

~[Glmet N, Milby, Clerk of ~urt
CIVIL ACTION NO.

Vo
BLUE FLASH EXPRESS, L.L.C. Defendant.

ORIGINAL COMPLAINT 1. This is an action under Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991, as amended, to correct unlawful employment practices on the basis of opposing discrimination and to provide appropriate relief to Summer Muraira who was adversely affected by such practices. The Defendant, Blue Flash Express, L.L.C. ("Defendant" or "Blue Flash") unlawfully terminated Ms. Muraira in retaliation for opposing what she believed to be unlawful employment practices, specifically for complaining about the terminal manger’s distribution of materials she reasonably believed were racially derogatory and offensive.
JURISDICTION AND VENUE 2° Jurisdiction of this court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706 (f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991, as amended, 42 U.S.C. §1981A.

Case 4:06-cv-00755 Document 1 Filed 03/07/2006 Page 2 of 8
3. Venue is proper in this court because the unlawful employment practices alleged below were and are now being committed within the jurisdiction of the United States District Court for the Southern District of Texas, Houston Division.
PARTIES 4. Plaintiff, the Equal Employment Opportunity Commission ("Commission") is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706 (f)(1) and (3), 42 U.S.C. §2000e-5 (f)(1) and (3). 5. Defendant Blue Flash Express, L.L.C. has continuously been and is now doing business in the State of Texas and the City of LaPorte and has continuously had more than 15 employees. Defendant Blue Flash is a Louisiana Limited Liability Corporation that has failed to appoint or maintain a current registered agent in Texas. Blue Flash may be served with process by serving the Office of the Texas Secretary of State, 1019 Brazos Street, Austin, Texas 78701. 6. At all relevant times, Blue Flash has continuously been an employer engaged in an industry affecting commerce with the meaning of Sections 701 (b),(g) and (h) of Title VII, 42 U.S.C. §2000e(b), (g) and (h).
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Summer Muraira filed a charge of discrimination with the Commission alleging violation of Title VII by Blue Flash, her former employer. All conditions precedent to the institution of this lawsuit have been fulfilled.
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Case 4:06-cv-00755 Document 1 Filed 03/07/2006 Page 3 of 8
8. Since at least July 2004, Blue Flash has engaged in unlawful employment practices at its La Porte, Texas location in violation of Section 704(a) of Title VII.
9. Ms. Muraira began working for Blue Flash at its La Porte, Texas terminal in November 2002 as the safety coordinator. In her position she had dual supervisors; the safety manager and the terminal manager. She performed her job duties satisfactorily throughout her employment. Although Blue Flash has a progressive discipline policy, Ms. Muraira was never disciplined under that policy. She was never disciplined by the safety manager-o-r the terminal manager about her performance of her duties mat any time duringher employment. Her personnel file contains no counselings or reprimands.
10. In late July 2004,Terminal Manager distributed an email attachment entitled "An American Sentiment" to several employees. Although he did not give it directly to Ms. Muraira, another employee placed the document on her desk. Additionally, the Terminal Manager gave the materials to an employee in Ms. Muraira’s presence and told a third employee who was also present that he could not give it to her because she was not "red neck" enough to appreciate it.He ignored Ms. Muriara entirely. Ms. Muriara is Hispanic. The document wasseveral pages long and contained statements about AfricanAmericans, personswith accents or non-English speakers, immigrants, etc. that Ms. Muriara considered racially derogatory and offensive. Later that day, Ms. Muirara and the safety manager, her supervisor, discussed the contents of the document and that she found it offensive and was upset that it was being distributed by the terminal manager, her other supervisor. The safety manager told her he would investigate the matter and agreed to let her have the remainder of the day off and asked that she return to work the next day.
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Case 4:06-cv-00755 Document 1 Filed 03/07/2006 Page 4 of 8
1 1. Ms. Muraira was called by the safety manager at her home that evening. He advised her that the terminal manager had been sent home. As instructed she returned to work the next day. Upon her return, she received a call from the safety manager asking her if she would feel uncomfortable working with the terminal manager again if he were brought back to work. Ms. Muraira expressed concern about working with someone who, based on the document he had distributed, clearly believed he was better than she was merely because he was Caucasian. Approximately, an hour later, the safety manager called her and told her that-although he disagreed with the decision, he had to let her go. He said he was told to terminate her by the owner of the company and that the reason was supposedly excessive absenteeism and job performance. The safety manager told her he was not aware of any problems with her attendance or job performance. There was no documentation 6f excessive absenteeism or work performance problems for Ms. Muraira at the time. Nor had there been any discussion with the safety manager about possible discharge of Ms. Muraira prior to her complaint about the terminal manager’s distribution of the offensive handout, even though he was her direct supervisor.
12. The effect of the practices complained of above has been to deprive Ms. Muraira of equal employment opportunities and otherwise adversely affect her status as an employee because of her protected activity of opposing employment practices she believed to be discriminatory in violation of Title VII.
13. The unlawful employment practices described above were intentional and were committed with malice or with reckless indifference for the federally protected civil rights of Ms. Muraira.
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Case 4:06-cv-00755 Document 1 Filed 03/07/2006 Page 5 of 8

PRAYER FOR RELIEF

WHEREFORE, the Commission respectfully requests that this Court: 14. Grant a permanent injunction enjoining Blue Flash, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in employment practices which discriminate on the basis of opposition to discrimination;

15. Order Blue Flash to institute and carry out policies, practices and procedu[es

which provide equal e .mployment opportunities forwomen and which eradicates the effects

of its past and present unlawful employment practices;

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16. Order Blue Flash to make Ms. Muraira whole by providing appropriate back

pay, with prejudgment interest in amounts to be determined at trial, and other affirmative

relief necessary to eradicate the effects of the unlawful employment practices she was

subjected to;

17. Order reinstatement into a comparable position for Ms. Muraira or award front pay in the amounts to be proven at trial if reinstatement is impractical;
18. Order Blue Flash to make Ms. Muraira whole by providing compensation for past and future pecuniary losses resulting from the unlawful practices described above, including out-of-pocket expenses such as job search expenses and insurance expenses

in amounts to be proven at trial;

19. Order Blue Flash to make Ms. Muraira whole by paying compensatory damages to Ms. Muraira for her past and future non-pecuniary losses including emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses she suffered as a result of the unlawful employment practices described above, in amounts to be proven at trial;

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Case 4:06-cv-00755 Document 1 Filed 03/07/2006 Page 6 of 8
20. Award punitive damages to Ms. Muraira for Blue Flash’s malicious and/or reckless conduct described above, in amounts to be proven at trial;
21. Award pre-judgment and post-judgment interest on all amounts recovered as allowed by law;
22. Order all affirmative relief necessary to eradicate the effects of its unlawful employment practices;
Award the Commission its costs in this action; and Grant such other and further relief as the Court deems necessary and proper.
JURY TRIAL DEMANDED 25. The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel 1801 L. Street, N.W. Washington, D.C. 20507
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Case 4:06-cv-00755 Document 1 Filed 03/07/2006 Page 7 of 8

OF COUNSEL

By: I~athy D( B~utchee ! Attorney,S-Charge TBN: 02717500 SDN: 10145 Houston District Office 1919 Smith Street, 7th Floor Houston, Texas 77002 (713) 209-3399 Fax: (713) 209-3402 Email: kathy.boutchee@eeoc.gov
ATTORNEYS FOR PLAINTIFF

Houston District Office 1919 Smith, 7t" Floor Houston, Texas 77002 (713) 209-3398 Fax: (713) 209-3402

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JS 44

Case 4:06-cv-00755 Docu’hqent 1 Filed 03/07/2006 Page 8 of 8 -

(Rev. 07/89)

CIVIL COVER SHEET

The JS 44 c~vtl cover sheet and the information contained herein neither replace nor supplement the filing and service ofpleathngs or other papers as required by law, except as provided by local rules of court. This form,

approved by the Judicial Conference of the Umted States m September 1974, is required for the use of the Clerk of Court for the purpose of m~tmtmg the civil docket sheet (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

l(a) PLAINTIFFS
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

DEFENDANTS BLUE FLASH EXPRESS, L.L.~. ~-

(b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF (EXCEPT 1N U S PLAINTIFF CASES)
(g) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER) Kathy D. Boutchee, Senior Trial Attorney EEOC-Houston District Office 1919 Smtth Street, Th Floor Houston, Texas 77002 (713) 209-3399

COUNTY OF RESIDENCE OF FIR~ LISTED DEFENDANT (IN U.S PLArNTIFF CASES ONLY)
NOTE’ IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED

ATTORNEYS (IF KNOWN)

United States Courts Southern District of Texas
FILED

06

0 55

MAR 0 7 2006
Miehnfl N. Milby. Clerk of Court

II. BASIS OF JURISDICTION

[x] I U.S. Government Plaintiff
[] 2 U.S. Government Defendant

[] 3 Federal Question (U.S Government Not a Party)
[] 4 Diversity (Inthcate Cmzenshtp of Paraes m Item HI)

III. CITIZENSHIP OF PRINCIPAL PARTIES

(For Diversity Cases Only)

voa ~LA~’n~ ~ O~ BOX

PIT DEF

PTF DEF

Citizen ofThis State Ill []1 Incorporated or PrincipaI Place []4

of Business in This State

Citizen of Another State [ ] 2 [ ] 2 Incorporated and Principal Place

of Business in Another State

Citizen or Subject ofa [ ] 3 [ ] 3 Foreign Nation

[ ] 6

Foreign Country

IV. CAUSE OF ACTION (Cl~us ClVIL STATLrrE UNDER WHlCH YOU ARE FILING AND WRFFE A BRIEF STATEMENT OF CAUSE DONOTCITEJURISDICTIONALSTATOTESUNI~SSDIVERSITY) Defendant has engaged tn unlawful employment practices m vtolation of Section 704(a) of Title VII, 42 U.S.C. § 2000e-3 and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981 (a). Defendant unlawfully terminated Ms. Muraira in retaliation for opposing what she believed to be unlawful employment practices, specifically for complaining about the terminal manager’s distribution of materials she reasonably believed were racially derogatory and offenstve.

V. NATURE OF SUIT (PLACE AN x IN ONE BOX ONLY)

CONTRACT

TORTS

[] IlO Insurance [] 120 Marine
[] 130 M,II~Act [] 140 Negotmht© Instnnn~at
[] ~ ~...0...R.. ecofrJdu]do~ft~t &

PERSONAL INJURY
[] ~lO ~"°

[] P[]ER~S6O~NYA~L ’IN~JU-RY

315 Awpl~o Product Lmb:hty []

[] 365 person! la.~u~,-Pred~t

330 Federal EmployeW Lmblhty []

[] 368~~’ ~l ~

345 ~ma© ero~m Uabm~ []

3so Mo,~ v~h,~,,

[]

355 Mo~ Ve~cle

PERSONAL PROPER~
[] aT0 ~
[] 371 ~m~ [] 380 ~ P~ ~

[] 19S Con~gt ~u~t Lmbfl,~
REAL PROPER~
.[]
210 Land Conderanatlon
[] nO ~’o=,
[] 230 Rent Lease & Ejeetment
[] 240 To~stoLand [] 24S Tort ~gmbd:~ [] ~90

RIGHTS

CI~L

441 votm~

[X] 442 Employment

[]

443 I louamg/Aecommodat .... []

444 Welfa~

[]

440 Other C~wl R~ghts

PRISONER PETITIONS
i1

FORFEITURE/PENALTY
[] 610
[] ~o []6~252,~ uRsecla,8~, ~ of
[] 630 [] 640 a [] 650 A,~h.~ R~, [] 660 ~umuo~l
[] 690 ~
LABOR
.[]
[] 720 L~or/Me, mt
[] 730L~,
[] 740 ~lway ~ Act [] 790 ~= [] 79[¢~pl Ra

BANKRUPTCY
[] 422 AppeM 28 USC 158 [] 423 W.hdrew~128 Usc 157
PROPERTY RIGHTS
[] 820 Copynahts [] 83o [] 840 T~dcm~k
SOCIAL SECURITY
[] 861 ~0395f0 [] 862 Black l.tmg (923) [] 863 DIWC/DIWW (405(8)) [] 864 SSID Title XVI [] 865 RSl (405(~))
FEDERAL TAX SUITS
]J D87e 0fenradxame~) (U S Plamuffor [] 871 IRS-Thu’dPa~y26USC7609

OTHER STATUTES [] 400 st~t= Reappomonment [] 410 Antitrust
[] aa0
[] 450 C~CC
[] 4.o
[] 4~ [] al0 ~t,~
] 875
[] 950 c~a~a~.~ ors~ s~, [] 890 ~

VI. ORIGIN IX] I Original Proceeding

(PLACE AN x IN ONE BOX ONLY)

[] 2 R ....d. from [] 3 Remanded from

State Court

Appellate Court

Transferred from

[] 4 Reinstated or

[] 5 another ths~ct

Reopened

(specify)

Vll. REQUESTED IN
COMPLAINT:

CHECK IF THIS IS A CLASS ACTION

[] UNDER F R C P 23

-- -

DEMAND $

VIII. RELATED CASE(S) IF ANY (s~ .... )

DATE

SIGNATURE F ORNEY 0 RECORD

JUDGE

Appeal to D~stnct

[] 6 Multathstnct [] 7 Judge from

Litigation

Magistrate Judgment

Check YES only ~f demanded m complaint: ag~t~: [X] YES [] NO

DOCKET NUMBER

UNITED STATES DISTRICT COURT

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

§

COMMISSION,

§

§

Plaintiff,

§

§

v.

§

§

BLUE FLASH EXPRESS, L.L.C.,

§

§

Defendant.

§

CIVIL ACTION NO. H-06-0755

ORDER

Blue Flash Express, L.L.C. 's Motion for Summary Judgment (Docket Entry No. 19) is DENIED.
The joint pretrial order will be due on May 11, 2007, instead of May 4, 2007. Docket call will be held on May 18, 2007, at 4:00 p.m., in Court Room 9-B, 9th Floor, United States Courthouse, 515 Rusk Avenue, Houston, Texas, instead of May 11, 2007.
SIGNED at Houston, Texas, on this 22nd day of March, 2007.

UNITED

DISTRICT JUDGE

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Plaintiff
BLUE FLASH EXPRESS, L.L.C. Defendant.

§ § § CIVIL ACTION NO. 4:06-cv-00755 § § §
JURY TRIAL DEMANDED §

CONSENT DECREE
The Equal Employment Opportunity Commission ("EEOC") alleged in this suit that Blue Flash Express, L.L.C. ("Blue Flash" or "Defendant") engaged in unlawful retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq. ("Title Villi) when it discharged Summer Muraira from her employment on July 29,2005 because she had opposed conduct she reasonably believed violated Title VII.
Defendant denied the allegations of retaliation. The parties wish to avoid the risks, uncertainties and expenses of continued litigation. Accordingly, the parties have agreed to settle this lawsuit. Neither the Defendant's consent to the entry of this Decree, nor any of the terms set forth in it, shall constitute or be construed as an admission of any Title VII violation by the Defendant. Both parties agree that this Consent Decree is being entered into for the sole purpose of compromiSing disputed claims without the necessity for protracted litigation. The Commission and Defendant stipulate to the jurisdiction of the Court and the satisfaction of all administrative prerequisites. The parties further waive hearing and entry of findings of fact and conclusions of law on all issues.

IT IS THEREFORE ORDERED: 1. This Consent Decree is entered in full and complete settlement of any and all claims arising out of or contained in EEOC Charge No. 330-2004-05640 and this Civil Action. The monetary award and other agreements herein are made in full and final settlement of the Title VII retaliation claim asserted by the EEOC on behalf of Summer Muralra. 2. Defendant and all persons in active concert or participation with it agree they will not engage in any employment practices which discriminate against any individual with respect to compensation, terms, conditions or privileges of employment in violation of Title VII and will not retaliate against any individual who has opposed any practice made an unlawful employment practice under Title VII orwho has made a charge, testified, assisted, or participated In any manner in an investigation, proceeding, court proceeding or hearing under Title VII in connection with this case. 3. Defendant will, within ten (10) days after entry of this Decree, conspicuously post the attached notice, Exhibit A, in an area accessible to all employees at its La Porte, Texas Terminal for a period of eighteen (18) months from the date the Decree is signed. 4. Defendant agrees to pay the total sum of SEVEN THOUSAND AND NO/1 00 DOLLARS ($7,000.00) in full and final settlement of the Commission's lawsuit to provide monetary relief to Summer Muraira. Said sum shall be paid within fifteen (15) days from the date of entry of the Decree. Defendant shall mail or deliver the settlement check to Ms. Muraira at the address provided by the Commission to Defendant. A copy of the check disbursed to Ms. Muraira shall be mailed to the Commission's undersigned counsel of
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record on the same day the check is mailed to her. 5. The sums payable to the Ms. Muraira may be subject to federal or state
income tax. Defendant agrees to issue Internal Revenue Service ("IRS") Form 1099 or an equivalent form to Ms. Muraira for all sums paid pursuant to this Consent Decree. The Ms. Muraira will be responsible for paying any federal, state orlocal taxes, including federal income tax that may be due on the aforementioned monetary award. Defendant makes no representation as to the tax status of the funds being paid herein.
6. This Decree shall remain in effect for eighteen months from the date of entry. During that period, the Court shall retain jurisdiction to assure compliance with the Decree and to permit entry of such further orders or modifications as may be appropriate.
7. In the event that any dispute arises between the EEOC and the Defendant regarding the interpretation or application of this Decree or any provision thereof, the parties shall attempt to informally resolve such disputes. The Commission shall notify Defendant, through its undersigned counsel, of such violation and afford Defendant the opportunity to remedy as may be appropriate any such alleged violation within twenty (20) days of such notice, before instituting any legal action to enforce such provision(s). The EEOC, at its discretion, may seek Court intervention to obtain compliance of this Decree.
8. Nothing in this Consent Decree shall be construed to preclude the Commission from filing a separate action under Title VII of the Civil Rights Act of 1964 or any other statute which the Commission enforces in the future for any alleged violations by Defendant not resolved by this Decree.
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9. Each signatory certifies that he/she is authorized to execute this document
on behalf of the party whom they represent. 10. The parties shall bear their own costs and attomey's fees. 11. This Decree may be signed in counterparts.
Signed this ~day of ,MAt

Si

e

United State District Judge

AGREED AND CONSENTED TO:

ATTORNEY FOR DEFENDANT BLUE FLA EXPRESS, LLC

y . 0 che T8 : 0 717500 SO . 0145 Equal Employment Opportunity
Commission
1919 Smith Street, 7th Floor
Houston, Texas 77002 (713) 209-3399 Fax: (713) 209-3402 Email:kathy.boutchee@eeoc.gov

Wilham Bruckner TBN: 03240500 Bruckner Bruch, PLLC 1000 Louisiana St., Suite 1300 Houston, Texas 77002 (713) 877-8788 Fax: (713) 877-8065 Email:bbruckner@brucknerburch.com

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U.S. EQUAL EMPLOYMENf OPPORTUNITY COMMISSION

Houston District Office

Mickey Leland Federal Building 1919 Smith Street, ..,.. Floor Houston, TX 77002-8049 (713) 209-3320 TTY (713) 209-3439 FAX(713) 209-3381

NOTICE TO THE EMPLOYEES OF BLUE FLASH EXPRESS, LLC.
THIS NOTICE IS POSTED PURSUANT TO FEDERAL LAW REGARDING RETALIATION IN THE WORK PLACE PURSUANT TO TITLE VII OF THE CNIL RIGHTS ACT OF 1964, AS AMENDED.
1. Federal law requires that there be no discrimination against any employee or applicant for employment because of the employee's sex, race, color, religion, national origin, age or disability with respect to compensation, hiring or other terms, conditions or privileges of employment.
2. BLUE FLASH EXPRESS supports and will comply with such Federal law in all respects and will not retaliate or take any action against current or former employees because they have exercised their rights under the law by filing charges with the Equal Employment Opportunity Commission (EEOC), providing information to the EEOC, andlor participating in any manner with an EEOC investigation or lawsuit or provided information during the company's investigation of any discrimination or harassment complaint.
3. Sex, race, color, religion, national origin, age or disability discrimination are expressly prohibited and constitute unlawful discriminatory employment practices. Such discriminatory employment practices will not be tolerated at BLUE FLASH EXPRESS..
4. Any employee who feels they have been the target of such discrimination is advised to report this action promptly to Steve Lenox, Safety Director, 989 Thomas Road, Baton Rouge, LA, 70807, (225) 293-0185.
SIGNED this _ _ _ day of _ _ _ _ _• 2007.

Name: Suzanne Bourgeois Title: Corporate Secretary BLUE FLASH EXPRESS, LLC.
This OFFICIAL NOTICE shall remain posted for eighteen (18) from date of signing.
"EXHIBIT An

 
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Page 1 of 4

U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CIVIL DOCKET FOR CASE #: 4:06-cv-00755

CLOSED

Equal Employment Opportunity Commission v. Blue Flash Express LLC Assigned to: Judge Sim Lake Cause: 28:451 Employment Discrimination

Date Filed: 03/07/2006 Date Terminated: 05/10/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Erania Ebron Martin USEEOC 1919 Smith Street 7th Flr Houston, TX 77002 713-209-3323 Fax: 713-209-3402 Email: erania.martin@eeoc.gov TERMINATED: 11/15/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kathy D Boutchee EEOC 1919 Smith St 7th Floor Houston, TX 77002 713-209-3399 Fax: 713-209-3402 fax Email: kathy.boutchee@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Blue Flash Express LLC

represented by William H Bruckner Bruckner Burch PLLC 1000 Louisiana Ste 1300 Houston, TX 77002 713-877-8788 Fax: 713-877-8065 fax Email: bbruckner@brucknerburch.com LEAD ATTORNEY

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Date Filed 03/07/2006
03/07/2006 03/07/2006
03/10/2006 03/20/2006 03/29/2006 04/26/2006 05/04/2006 05/08/2006 05/09/2006
05/10/2006
05/16/2006

ATTORNEY TO BE NOTICED
Michael Kevin Burke Bruckner Burch PLLC 1000 Louisiana St Ste 1300 Houston, TX 77002 713-877-8788 Fax: 713-877-8065 fax Email: mburke@brucknerburch.com ATTORNEY TO BE NOTICED

#

Docket Text

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)

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

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)

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

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

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

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

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

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

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)

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)

9 Unopposed MOTION to Substitute Counsel by Equal Employment Opportunity Commission, filed. Motion Docket Date 6/5/2006. (Martin,

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05/16/2006 05/17/2006 06/15/2006 06/15/2006 06/16/2006 06/16/2006
09/26/2006 09/29/2006 11/15/2006 02/16/2007
03/08/2007
03/22/2007

Erania) (Entered: 05/16/2006)
10 REPORT of Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission, filed.(Martin, Erania) (Entered: 05/16/2006)
11 ORDER granting 9 Motion to Substitute .( Signed by Judge Sim Lake ) Parties notified.(hcarr, ) (Entered: 05/19/2006)
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)
13 INITIAL DISCLOSURES by Equal Employment Opportunity Commission, filed.(Martin, Erania) (Entered: 06/15/2006)
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)
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)
16 NOTICE of Change of Address by Bruckner Burch PLLC, counsel for Blue Flash Express LLC, filed. (Burke, Michael) (Entered: 09/26/2006)
17 RETURN of Service Executed as to Leonard Aguillard on 4/6/2006 re: Summons, filed.(sbyrum, ) (Entered: 10/02/2006)
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)
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)
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)
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 )

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05/04/2007 05/10/2007

Parties notified.(dhansen, ) (Entered: 03/22/2007)
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)
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)

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EEOC 4:06-cv-00755 0.16

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?372146901401616-L_353_0-1

5/21/2007