UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
BLUE MAX TRUCKING, INC., Defendant.

) CIVIL ACTION NO. 3:02CV

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COMPLAINT

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NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of I964 and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of sex, and to provide appropriate relief to Debra A. Benson who was adversely affected by the practices, as discussed more fully below. Plaintiff, the United States Equal Employment Opportunity Commission, alleges that Defendant Blue Max Tracking, Inc. discriminated against Debra A. Benson because of her sex, female.
JURISDICTION AND VENUE 1. 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 &the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-5(0 (1) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 198la. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Western District of North Carolina.

PARTIES 3. Plaintift; the United States Equal Employment Opportunity Commission ("EEOC" or "the Commission"), is the 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 Sections 706(0(1) and (3) of Title VII, 42 U.S.C. §2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Blue Max Trucking, Inc. ("Defendant") has continuously been a North Carolina corporation doing business in the State of North Carolina and the City of Charlotte and has continuously had at least fifteen employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce under Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Debra A. Benson filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fuIfilted. 7. From approximately October 1999 to July 2001, Defendant engaged in unlawful employment practices at its facility located in Charlotte, North Carolina, in violation of Section 703 (a) (1) of Title VII, 42 U.S.C. § 2000e-2 (a) (1), Specifically, Defendant subjected Debra A. Benson, who was employed as a dump truck driver, to discrimination by subjecting her to a sexually hostile work environment based on her sex. The sexual harassment included unwelcome sexual comments and requests for sexual favors. The harassment occurred in person, over the telephone, and over company and citizen band radios.
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8. The effect of the practices complained of in paragraph 7 above have been to

deprive Debra A. Benson of equal employment opportunities and otherwise adversely affect her

status as ml employee because of her sex, female. 9. The unlawful employment practices complained of in paragraph 7 above were

intentional.

10. The unlawful employment practices complained of in paragraph 7 above were

done with malice or with reckless indifference to the federally protected rights of Debra A.

Benson.

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court:

A. Grant a permanent injunction enjoining Defendant, its officers, successors,

assigns, and all persons in active concert or participation with it, from subjecting employees to

sexual harassment or any other employment practice that discriminates on the basis of sex.

B. Order Defendant to institute and carry out policies, practices, and programs that

provide equal employment opportunities for women and which eradicate the effects of its past

and present unlawful employment practices.

C. Order Defendant to make whole Debra A. Benson by providing appropriate lost

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

necessary to eradicate the effects o:f the unlawful employment practices described in paragraph 7

above.

D. Order Defendant to make whole Debra A, Benson by providing compensation for

past and future pecuniary losses resulting from the unlawful practices complained of in paragraph

7 above in amounts to be determined at trial.

E. Order Defendant to make whole Debra A. Benson by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including but not Iimited to emotional pain, suffering, inconvenience, loss of enjoyment of life, humiliation, and loss of civil rights in amounts to be determined at trial.
F. Order Defendant to pay Debra A. Benson punitive damages for its malicious and reckless conduct, as described above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint. DATED this o~’~ay of June 2002. Respectfully submitted, GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
M~ND~ g~EINSTEIN Regional Attorney
KA~La~ GIBI~ON HADEN Trial Attorney
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Charlotte District Office 129 West Trade Street, Suite 400
Charlotte, North Carolina 28202 Telephone: 704.344.6885 Facsimile: 704.344.6870 ATTORNEYS FOR PLAINTIFF

 
 FOR

IN THE UNITED STATES THE WESTERN DISTRICT

DISTRICT COURT OF NORTH CAROLINA

FILED
CHARLO]-rE, N.~.

CHARLOTTE DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

U.S. DISTRICT W. DIST. OF
Civil Action No. 3:02CV273

BLUE MAX TRUCKING, Defendant.

CLAIM OF INTERVENOR DEBRA BENSON Pursuant to Rule 24 of the Federal Rules of Civil Procedure and 42 USC § 2000e-5 (f) (1), intervenor Debra Benson hereby states and alleges the following:
ACTION 1. This is an action which was instituted pursuant to Title VII of the Civil Rights Act
of 1964, as amended, by the plaintiff, Equal Employment Opportunity Commission (EEOC) to correct unlawful employment practices on the basis of race and sex committed by Defendant and to provide appropriate’, relief to the aggrieved person who was damaged by such practices by Defendant in the operation of Blue Max Trucking in Charlotte, North Carolina. The intervenor who is an "aggrieved person" within the meaning of 42 USC § 2000e-5 (f) (1) is intervening in this action as a matter of right. 2. Pursuant to Rule 10 of the Federal Rules of Civil Procedure, intervenor hereby adopts by reference all statements, allegations, and pleadings included in EEOC’s complaint, which was filed in this action.

JURISDICTION AND VENUE 3. Jurisdiction of this Court is invoked pursuant to 28 USC § § 451,133t, 1337,
1343, and 1345, and the doctrine of supplemental jurisdiction. 1’his action is instituted pursuant to Title VII of the Civil Rights Act of 1964 as amended, 42 USC § 2000e-5 (f) (1) and (3) and the Civil Rights act of 1991, 42 USC § 1981a. 4. The employment practices alleged herein were committed in this district and venue is therefore proffer in this Court.
PARTIES 5. Plaintiff, Equal Employment Opportunity Commission (the "Commission") is an
agency of the United States of America charged with the administration, interpretation, and enforcement of the Title VII of the Civil Rights Act of 1964 as amended and is expressly authorized to bring this action by § § 706 (f) (1) and (3) of Title VII of 42 USC § 2000 e-5 (f) (1) and (3). 6. At all relevant times, Defendant Blue Max Trucking was and is a corporation duly organized and existing under the laws of the state of North Carolina and does business in Charlotte, North Carolina and has continuously had at least fifteen (l 5) employees. At all relevant times, Defendant has continuously been engaged in an industry affecting commerce within the meaning of § § 701 (b) (g) and (h) of Title VII, 42 USC § 2000e (b), (g) and (h). 7. Intervenor is a female citizen of the United States who resides in the Western District of North Carolina.

ADMINISTRATIVE PROCEDURES More than 30 days prior to the institution of this action, intervenor filed a charge with the EEOC alleging violations of I’itle VII by Defendant. Intervenor has complied with all procedural prerequisites to the filing of this action.
FACTS Since at least January 2000, Defendant has engaged in unlawful employment practices at its Charlotte, North Carolina and Monroe, North Carolina facilities, including:
a. Male supervisory and non-supervisory employees of Defendant continuously subjected Debra Benson to sexual harassment because of her sex, female, which consisted in part of the male supervisors’ and coworkers’ touching her body in a sexually offensive and unwelcome way, soliciting sexual relationships with her, telling sexuaI jokes to her, and engaging in sexual commentary directed at her. The harassment was so severe and pervasive that it created a sexually hostile work environment;
b. Male supervisory and non-supervisory employees of Defi~ndant continuously subjected Debra Benson to racial discrimination. The harassment was so severe and pervasive that it created a racially hostile work environment; and
c. Defendant discharged Debra Benson on or about July 19, 2001.

10. The Defendant’s actions, including retaliation, were hmniliating, embarrassing and extremely stressful to Debra Benson and caused her severe anxiety, humiliation, and loss of self-esteem.
11. The effect of the practices complained of herein has also been to deprive Debra Benson of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex and race.
12. The unlawful employment practices complained of herein were intentional. 13. That as a result of the actions of the Defendant, Debra Benson has suffered
compensatory damages including, but not limited to, lost wages, lost fringe benefits and other benefits, pain and suffering, and emotional distress in an amount in excess of $100,000.00. 14. Defendant at all times has been acting with malice or reckless indifference to the federally protected rights of Debra Benson, and as such she is entitled to Punitive Damages. WHEREFORE, the Plaintiff prays the court as follows: 1. That on intervenor’s claim for violations of Title VII of the Civil Rights Act
of t964 as amended, intervenor have and recover damages in an amount in excess of $100,000.00; 2. That on intervenor’s claim for punitive damages she have and recover an amount in excess of $100,000.00; 3. That costs and reasonable attorney’s tees be taxed against the Defendant as provided by 42 USC § 2000e-5 (k) and 42 US(; § 1998; 4. That all issues of fact be tried by a jury;

5. For such further and other relief as this court deems just and proper.
This the ~-" day of ..~/O’ , 2002
WIDIS & BROOKS, PLLC
Tamara W. Brooks ~ Attorney for Debra Benson 222 N. Sharon Amity Road Charlotte, NC 28211 (704) 365-0277 NC State Bar Number 241139

CERTIFICATE OF SERVICE
The undersigned hereby certifies that she has this day served upon the parties named below a copy of the foregoing document by depositing a copy thereof in the United States Mail, postage prepaid, addressed as follows:
Kara Haden Equal Employment Opportunity Commission 129 W. Trade Street Suite 400 Charlotte, NC 28202
Michelle P. Massingale SELLERS HINSHAW AYERS DORTCH & I~YONS 301 South McDowell Street Suite 410 Cameron Brown Bldg. Charlotte, NC 28204-2686
This the ,.5 day of~~ , 2002.
Tamara W. Brooks

 
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OPPORTUNITY COMMISSION,

) CIVIL ACTION NO. 3:02CV273·MU

Plaintiff,

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and

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DEBRA A. BENSON,

)

Plaintiff·Intervenor, )

CONSENT DECREE

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v.

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BLUE MAX TRUCKING, INC.,

)

Defendant.

)

----------------------)

The Equal Employment Opportunity Commission ("EEOC" or "Commission") instituted this action pursuant to Section 706(f)(1) and (3) ofTitle VII of the Civil Rights Act ofl964, as amended, 42 US.Co Section 2000e-5(f)(1) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a. The Commission's Complaint alleges thatDefcndant Blue Max Trucking, Inc. ("Blue Max") discriminated against Debra A. Benson by subjecting her to a sexually hostile work environment. Debra A. Benson intervened in this action, also alleging Defendant Blue Max discriminated against her by subjecting her to a sexually hostile work environment. Intervenor Benson further alleged Defendant Blue Max discriminated against her by SUbjecting her to a racially hostile work environment and by discharging her,
The parties hereby stipulate to jurisdiction of the Court over the parties and agree that the subject matter of this action is properly before the Court.
The parties have advised this Court that they desire to resolve the allegations in the Complaint without the burden, expense, and delay of further litigation.

It is therefore the finding ofthis Court, made on the pleadings and the record as awhole, that: (I) the Court has jurisdiction over the parties and the subject matter of this action; (2) the purpose and provisions ofTitle VII will be promoted and effectuated by the entry ofthe Consent Decree; and (3) this Decree resolves all matters in controversy between the parties as provided in paragraphs I through 17 below.
It is therefore ORDERED, ADWDGED AND DECREED as follows: 1. Defendant shall not discriminate against or harass individuals on the basis of sex or race within the meaning ofTitle VII of the Civil Rights Act of 1964, and specifically shall not subject employees to unlawful sexual harassment or unlawful racial harassment. 2. Defendant shall not discriminate or retaliate against any person because ofopposition to any practice made unlawful under Title VII, or because of the filing of a charge, the giving of testimony or assistance, or the participation in any investigation, proceeding or hearing under the foregoing statute. 3. Defendant shall pay Debra A. Benson the sum ofTen Thousand Dollars ($1 0,000 .00) in past lost earnings and the sum of Forty-Seven Thousand Five Hundred Dollars ($47,500.00) as personal injury danJages in this action, for a total payment of Fifty-Seven Thousand Five Hundred Dollars ($57,500.00). Defendant shall make payment by issuing the following: (I) a check in the amount ofTen Thousand Dollars ($10,000.00) payable to Debra A. Benson; and (2) a check in the amount of Forty-Seven Thousand Five Hundred Dollars ($47,500.00) jointly payable to Debra A. Benson and Tamara W. Brooks, Esq. Payment shall be made within thirty (30) days ofJuly 9, 2003. Defendant shall mail the checks to Tamara W. Brooks, Esq., 222 N. Sharon Amity Road, Charlotte, North Carolina 282 II. Within ten (10) days after the checks have been sent to Ms. Brooks, Defendant shall mail to Mindy E. Weinstein, Regional Attorney, Equal Employment Opportunity Commission, 129 West Trade Street, Suite 400, Charlotte, NC 28202, a copy of each check and

proof of its delivery to Ms. Brooks. 4. Defendant shall pay the costs ofthe mediation in this case in accordance with the
invoice to be provided by the mediator. 5. Defendant agrees to eliminate from the employment records ofDebraA. Benson any
and all documents and entries relating to the facts and circumstances which led to the filing of the EEOC charge of discrimination and the related events that occurred thereafter, including the filing of this lawsuit.
6. Defendant agrees to provide Debra A. Benson with a positive letter of reference signed by Defendant's President, a copy of which is attached hereto. In addition, if Defendant receives any inquiries regarding the employment of Ms. Benson, Defendant shall provide a positive reference for Ms. Benson, which shall recite the same information contained in the aforementioned Jetter.
7. Within 90 days of the entry of this decree by the Court, Defendant shall adopt, implement and distribute a formal, written anti-discrimination policy, which shall include an explanation of the requirements ofthe federal equal employment opportunity laws, including Title VII of the Civil Rights Act of 1964 and its prohibition against sex discrimination and race discrimination in the workplace, including sexual harassment and racial harassment, and aprocedure for complaining about discrimination. Defendant shall distribute to each current employee a copy of the policy within the aforementioned 90 day time period. During the term of this Decree, Defendant shall distribute the policy to all new employees at the time of hire.
8. During the teon of this Decree, Defendant shall provide an annual training program on Title VII to all personnel. Said training prograrn shall be a minimum offour (4) hours in length and shall be conducted by an individual who is not an employee ofDefendant or any of its affiliates. Ifthe prograrn is to be conducted by someone other than Defendant's attorney ofrecord herein, then

at least sixty (60) days prior to each program, Defendant shall provide the Commission with the name and qualifications ofthe individual(s) who will conduct the training program. At least fifteen (15) days prior to each program, Defendant shall provide the Commission with an agenda for the training program. The individual{s) condUcting the training and the agenda tor the training will be subject to the Commission's approval. Defendant's attorney of record herein is approved by the Commission as qualified to conduct the aforementioned training programs for Defendant.
Each training program shall include an explanation ofthe requirements of the federal equal employment opportunity laws, including Title VII ofthe Civil Rights Actof 1964 and its prohibition against sex discrimination and race discrimination in the workplace, including sexual harassment and racial harassment. Each training program shall also cover Defendant's harassment policy and an explanation of the rights and responsibilities of employees and managers under the policy.
9. The first training program shall be completed within ninety (90) days after entry of the decree by the Court. Each subsequent training program shall be conducted at approximately oneyear intervals. Within ten (\ 0) days after completion of each training program, Defendant shall certify to the Commission the specific training which was undertaken and shall provide the Commission with a roster of all employees in attendance.
10. Defendants agree to include training for all employees on Title VII in new hire orientation and other appropriate forums, including Defendant's obligations under Title VII and employee rights under Title VII.
II. During the term of this Decree, Defendant shall conspicuously past the attached Employee Notice, marked Appendix A, hereby made apart ofthis Decree, in each place ofbusiness, in a place where it is visible to employees. If the Notice becomes defaced or unreadable, Defendant shall replace it by posting another copy ofthe Notice.

12. Defendant agrees to provide the Commission with semi-annual reports during the

tenn of this Decree. The reports shall include the following infonnation: the identities of all of the

Defendant's employees who have complained of or reported sexual harassment, including by way

of identification each individual's full name, home address, home telephone number, social security

number, and gender; astatement ofthe individual's complaint; and adescription ofwhat action was

taken in response to the individual's complaint. Defendant shall submit the first report to the

Commission fOUT (4) months after the date of entry of this Consent Decree and shall submit

subsequent reports every six (6) months thereafter during the tenn of this Decree.

13. Defendant agrees that the Commission may review compliance with this Decree. As

part of such review, the Commission, upon five days notice to the Defendant, may inspect the

premises, interview employees and examine and copy documents.

14. If at any time during the term of this Decree, the Commission believes that

Defendant is in violation ofthis Decree, the Commission shall give written notice of the a\1eged

violation to Defendant. Defendant then shall have twenty-one (21) days in which to investigate and

respond to the allegations. Thereafter, the parties shall have a period of twenty (20) days, or such

additional period as may be agreed upon by them, in which to engage in negotiation and conciliation

regarding such allegations, before the Commission exercises any remedy provided by law.

15. Except as otherwise provided herein, each party shall bear its own costs and fees.

16. The tenn of this Decree shall be for thirty (30) months from its entry by the Court.

17. This Court shall retain jurisdiction of this cause for the tenn of this Decree for

purposes of monitoring compliance with this Decree and entry of such fUriher orders as may be

necessary or appropriate. Date

~;gM nJtedSilltCSDistrict Judge ~ Westem District of North Carolina

The parties jointly request that the Court approve and enter the Consent Decree:

This the.($ ~ay ofJuly 2003.

This the ~day ofJuly 2003.

EQUAL EMPLOYMENT

BLU MAX TRUCKING, INC., Defendant

OPPORTUNITY COMMISSION, Plaintiff

Cfyi.

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T ESfC' ROBE C. r5 RTCH,

GWENDOLYN YOUNG REAMS

(NC B 10857)

Associate General Counsel

MICHELLE P. MASSINGALE, ESQ.

(NC Bar 29628)

SELLERS, HINSHAW, AYERS,

DORTCH & LYONS, P.A.

Regional Attorney

Cameron Brown Building

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30 I S. McDowell Street, Suite 410 Charlotte, North Carolins 28204 Telephone: 704.377.5050

Senior Trial Attorney

Facsimile: 704.339.0172

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

Charlotte District Office

129 West Trade Street, Suite 400

Charlotte, North Carolina 28202

Telephone: 704.344.6885

Faesimile: 704.344.6870

This the _ day ofJuly 2003.
DEBRA A. BENSON, Plaintiff· Intervenor
c o ~~~~~~~~ k A
TAMARA W. BROOK ESQ. (NC Bar 24139) WIDlS & BROOKS, PLLC 222 N. Sharon Amity Road Charlotte, North Carolina 2821 I Telephone: 704.365.0277 Facsimile: 704.365.8734

TO WHOM IT MAY CONCERN:
Debra Benson was employed by Blue Max Trucking from October of 1999 to July of 2001. She was employed in the capacity of a dump truck driver. She did not have any accidents on the job while employed, was in compliance with all of the DOT requirements and consistently arrived to work on time. While employed at Blue Max Trucking, Ms. Benson got along with her coworkers and was an asset to the company.

Date: 7",;;;.)-03>

,JL~~~I'_'-"-''-:--:---f'-7-­
Denton Williams, Presiden Blue Max Trucking, Inc.

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DMSION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

Plaintiff,

)

)

v.

)

)

BLUE MAX TRUCKING, INC.,

)

Defendant.

)

----------------------)

CIVIL ACTION NO. 3:02CV273-MU
EMPLOYEE NOTICE

I. This Notice is posted pursuant to a settlement between the U.S. Equal Employment Opportunity Commission ("EEOC") and Blue Max Trucking, Inc. in a case of discrimination based on gender. Specifically, the EEOC alleged that Blue Max Trucking subjected Debra A. Benson to a sexually hostile work environment, in violation of Title VII of the Civil Rights Act of 1964, as amended ("Title VII"). Blue Max Trucking, Inc. denied all of the EEOC's allegations, and the settlement entered into with the EEOC is not an admission of wrongdoing.

2. Federal law requires that employers not discriminate against any employee or applicant for employment because ofthe individual's race, color, religion, sex, national origin, age (40 or older) or disability. Federal law also prohibits retaliation against employees because they have opposed unlawful employment discrimination, participated in employment discrimination proceedings, or otherwise asserted their rights under the laws enforced by the EEOC.

3. In settlement of this lawsuit, Blue Max Trucking, Inc. agreed to do the following: make a payment to Ms. Benson; adopt new formal, written anti·harassment/discrimination policies; and provide annual training regarding Blue Max Trucking's obligations under Title VII.

4. Title VII of the Civil Rights Act of 1964 is a federal law which prohibits sex discrimination or retaliation against any employee in all aspects of employment including, but not limited to, hiring, promotion, discharge, pay, job training and fringe benefits. Title VII also prohibits sexual harassment. Sexual harassment arises when a workplace is permeated with sexually discriminatory mtimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working envIronment. Sexual harassment may include, but is not limited to, sexual comments, jokes or gestures, requests for sexual favors, inappropriate touching, or sexual advances.
5. Blue Max Trucking, Inc. supports and will comply with such federal law in all respects. Specifically, BIue Max Tmcking, Inc. confirms its policy of not subjecting employees to sexual harassment or a sexually hostile work environment. Blue Max Trucking also confirms its policy that it will no! take any actions against employees because they have exercised their rights, reported an alleged violation under the law or given testimony, assistance or participation in any investigation, proceeding or hearing conducted by the EEOC.

An employee has the right, and is encouraged to exercise that right, to report allegations of employment diSCrimination in the workplace. An employee may contact their local U. S. Equal Employment Opportunity Commission field office for the purpose of filing a charge of employment discrimination. To locate the nearest field office, contact:
Equal Employment OpportunIty Commission 1801 LStreet,N.W.
Washington, DC 20507 TEL: 1·800·669·4000

rIb United States District court
for the Western District of North Carolina
August 14, 2003
* * MAILING CERTIFICATE OF CLERK * *
Re; 3;02-cv-00273
True and correct copies of the attached were mailed by the clerk to the following;
Gwendolyn Young Reams, Esq. Equal Employment Opportunity Commission 1801 L Street, N.W. 7th Floor Washington, DC 20507
Kara Gibbon Haden, Esq. Equal Employment Opportunity Commission Charlotte Dtstrict Office 129 West Trade street Suite 400 Charlotte, NC 28202
Bobby C. Simpson, Esq. Equal Employment Opportunity Commission 129 W. Trade St. Suite 400 Charlotte, NC 28202-2799
Robert C. Dortch Jr., Esq. Sellers, Hinshaw, Ayers, Dortch & Lyons, P.A. 301 So. McDowell St. Suite 410 Cameron-Brown Bldg. Charlotte, NC 28204-2686
Michelle Price Massingale, Esq. Sellers, Hinshaw, Ayers, Dortch & Lyons, P.A. 301 So. McDowell St. Suite 410 Cameron-Brown Bldg. Charlotte, NC 28204-2686
Tamara W. Brooks, Esq. Widis & Brooks 222 N. Sharon Amity Road CHarlotte, NC 28211

-

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Judge Magistrate Judge
U.S. Marshal
Probation U.S. Attorney
Atty. for Deft.
Defendant Warden Bureau of Prisons
Court Reporter Courtroom Deputy
Orig-Seeurity Bankruptcy Clerk's Ofe.
Other

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 CM/ECF - LIVE DATABASE - NCWD - Docket Report

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?694278098174589-L_...

U.S. District Court Western District of North Carolina (Charlotte) CIVIL DOCKET FOR CASE #: 3:02-cv-00273

CLOSED

EEOC v. Blue Max Trucking Assigned to: Graham Mullen Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Plaintiff Equal Employment Opportunity Commission
1 of 4

Date Filed: 06/28/2002 Date Terminated: 10/06/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Bobby C. Simpson Equal Employment Opportunity Commission Charlotte District Office 129 West Trade Street Suite 400 Charlotte, NC 28202 704-334-6885 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gwendolyn Young Reams Equal Employment Opportunity Commission 1801 L Street, N.W. 7th Floor Washington, DC 20507 202/663-4736 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kara Gibbon Haden Equal Employment Opportunity Commission Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, NC 28202 704.344.6887 Fax: 704.344.6780 Email: kara.haden@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mindy E. Weinstein Equal Employment Opportunity Commission
6/11/2007 4:05 PM

CM/ECF - LIVE DATABASE - NCWD - Docket Report
V. Defendant Blue Max Trucking, Inc.
Intervenor Defendant Blue Max Trucking, Inc.
Intervenor Plaintiff Debra Benson
2 of 4

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?694278098174589-L_...
Charlotte District Office 129 West Trade Street Suite 400 Charlotte, NC 28202 704-334-6885 TERMINATED: 08/07/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Michelle Price Massingale Sellers, Hinshaw, Ayers, Dortch & Lyons, P.A. 301 S. McDowell St., Suite 410 Charlotte, NC 28204 704-377-5050 Fax: 704-339-0172 Email: mpmassingale@shadl.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert C. Dortch, Jr. Sellers, Hinshaw, Ayers, Dortch & Lyons, P.A. 301 S. McDowell Street Suite 410 Charlotte, NC 28204 704.377.5050 Fax: 704.339.0172 Email: rcdortch@shadl.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Michelle Price Massingale (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert C. Dortch, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Tamara Williams Brooks Brooks Law Office
6/11/2007 4:05 PM

CM/ECF - LIVE DATABASE - NCWD - Docket Report

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?694278098174589-L_...

5120 Monroe Rd. Charlotte, NC 28205 704 567 5297 Fax: 704 567 5389 Email: lawbrooks@bellsouth.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/28/2002 06/28/2002 07/15/2002
08/27/2002 08/27/2002 09/05/2002 09/05/2002 09/05/2002 09/30/2002 10/01/2002
10/15/2002
12/31/2002 05/20/2003 05/20/2003

#

Docket Text

1 COMPLAINT (former emp) (Entered: 07/01/2002)
2 CONSENT/REFUSAL to Magistrate Jurisdiction by EEOC - consent (former emp) (Entered: 07/01/2002)
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)
4 CONSENT/REFUSAL to Magistrate Jurisdiction by Blue Max Trucking - refusal (former emp) (Entered: 08/27/2002)
5 ANSWER to Complaint by Blue Max Trucking (Attorney Robert C. Dortch Jr., Michelle Price Massingale), (former emp) (Entered: 08/27/2002)
6 MOTION to Intervene by Debra Benson (former emp) (Entered: 09/06/2002)
7 MEMORANDUM by Debra Benson in support of [6-1] motion to Intervene by Debra Benson (former emp) (Entered: 09/06/2002)
8 Intervenor's COMPLAINT by Debra Benson against Blue Max Trucking (former emp) Modified on 10/24/2002 (Entered: 09/09/2002)
9 Certificate of I.A.C. by plaintiff EEOC, defendant Blue Max Trucking, movant Debra Benson (former emp) (Entered: 09/30/2002)
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)
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)
12 ANSWER to Complaint/Claim of Intervenor Deborah Benson by Blue Max Trucking (former emp) (Entered: 01/02/2003)
13 NOTICE by Blue Max Trucking to take deposition of John Allen (former emp) (Entered: 05/20/2003)
14 NOTICE by Blue Max Trucking to take deposition of Timothy L. McManus (former emp) (Entered: 05/20/2003)

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CM/ECF - LIVE DATABASE - NCWD - Docket Report

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?694278098174589-L_...

05/20/2003 05/20/2003 05/28/2003
06/04/2003 06/04/2003 06/06/2003 07/25/2003 08/07/2003 08/08/2003
10/06/2003

15 NOTICE by Blue Max Trucking to take deposition of Jimmy Funderburk (former emp) (Entered: 05/20/2003)
16 JOINT MOTION by EEOC, Blue Max Trucking to Extend Time re:disc. & dispositive Motions deadline (former emp) (Entered: 05/20/2003)
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)
18 AFFIDAVIT of Michelle Price Massigale filed re: service for deopsition subpoena for Timothy McManus (former emp) (Entered: 06/04/2003)
19 AFFIDAVIT of Michelle Price Massingale filed re: service for deposition subpoena for Jimmy Funderburk (former emp) (Entered: 06/04/2003)
20 PROTECTIVE ORDER ( signed by Judge Graham C. Mullen ) [EOD DATE: 6/6/03] (former emp) (Entered: 06/06/2003)
21 Mediator's Report Result: settled - terminated (former emp) (Entered: 07/25/2003)
22 Substitution of Counsel terminating attorney Mindy E Weinstein for EEOC and substituting Bobby C. Simpson (former emp) (Entered: 08/07/2003)
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)
Case closed (former emp) (Entered: 10/06/2003)

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