Case: EEOC v. FLYING J, INC.

1:05-cv-00662 | U.S. District Court for the Eastern District of Texas

Filed Date: Sept. 29, 2005

Closed Date: May 30, 2010

Clearinghouse coding complete

Case Summary

In September 2005, the Houston office of the EEOC brought this Title VII suit against Flying J, Inc. in the U.S. District Court for the Eastern District of Texas. The complaint alleged that the defendant discriminated against the claimant by discharging the claimant because of her pregnancy from her position as a maintenance employee and telling to re-apply for her position after her pregnancy. The case settled by entry of a consent decree in May 2006.

The four year consent decree required the defendant to refrain from discrimination and retaliation, provide annual Title VII training for all of its managerial employees and human resource professionals, post notice, expunge the claimant's record, provide the claimant with a neutral reference, and pay the claimant $20,000. The docket sheet does not show any further enforcement; the case was presumably closed in 2010.

Summary Authors

Kevin Wilemon (7/30/2007)

Clearinghouse (6/12/2017)

Documents in the Clearinghouse

Document

1:05-cv-00662

Docket (PACER)

EEOC v. Flying J., Inc

May 30, 2006

May 30, 2006

Docket
1-1

1:05-cv-00662

Original Complaint

EEOC v. Flying J., Inc

Sept. 29, 2005

Sept. 29, 2005

Complaint
23

1:05-cv-00662

Consent Decree

EEOC v. Flying J., Inc

May 30, 2006

May 30, 2006

Settlement Agreement

Resources

Docket

Last updated April 2, 2024, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Flying J., Inc , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet # 2 Cover Letter)(mll, ) (Entered: 09/29/2005)

Sept. 29, 2005

Sept. 29, 2005

Summons Issued as to Flying J., Inc. (mll, ) (Entered: 09/29/2005)

Sept. 29, 2005

Sept. 29, 2005

2

NOTICE OF CASE ASSIGNMENT cc:pltf 9-29-05 (mll, ) (Entered: 09/29/2005)

Sept. 29, 2005

Sept. 29, 2005

3

Magistrate Consent Form electronically mailed to Equal Employment Opportunity Commission (mll, ) (Entered: 09/29/2005)

Sept. 29, 2005

Sept. 29, 2005

4

ANSWER to Complaint with Jury Demand by Flying J., Inc.(bjc, ) (Entered: 10/12/2005)

Oct. 11, 2005

Oct. 11, 2005

Mailed consent form to atty Robert B Worley Jr. (bjc, ) (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

5

Amended ANSWER to Complaint by Flying J., Inc.(Worley, Robert) (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

6

NOTICE of Hearing: Management Conference set for 11/22/2005 10:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (jmv, ) (Entered: 10/18/2005)

Oct. 18, 2005

Oct. 18, 2005

7

APPLICATION to Appear Pro Hac Vice by atty Amanda Jones Ballay for Flying J Inc (bjc, ) (Entered: 11/01/2005)

Oct. 26, 2005

Oct. 26, 2005

Pro Hac Vice Filing fee paid by Amanda Jones Ballay; Fee: $25, receipt number: 6-1-2783 (bjc, ) (Entered: 11/01/2005)

Oct. 26, 2005

Oct. 26, 2005

8

CORPORATE DISCLOSURE STATEMENT filed by Flying J., Inc identifying Flying J Corp. as Corporate Parent. (Ballay, Amanda) (Entered: 11/07/2005)

Nov. 7, 2005

Nov. 7, 2005

9

REPORT of Rule 26(f) Planning Meeting. (Ballay, Amanda) (Entered: 11/15/2005)

Nov. 15, 2005

Nov. 15, 2005

10

SCHEDULING ORDER: Deadline to add parties 12/22/05. Deadline to file motions to dismiss 12/22/05. Amended Pleadings due by 2/20/2006. Discovery due by 4/3/2006. Proposed Jury instructions and verdict form due by 5/1/2006. Joint final pre-trial order due by 5/1/2006. Dispositive motions filed by 3/22/06. Motions in limine due 5/1/06. Responses to motions in limine due 5/8/06.. Signed by Judge Thad Heartfield on 11/22/05. (bjc, ) (Entered: 11/22/2005)

Nov. 22, 2005

Nov. 22, 2005

16

Minute Entry for proceedings held before Judge Thad Heartfield : Status Conference held on 11/22/2005. (jmv, ) (Entered: 12/21/2005)

Nov. 22, 2005

Nov. 22, 2005

11

NOTICE of Disclosure by Flying J., Inc (Ballay, Amanda) (Entered: 12/02/2005)

Dec. 2, 2005

Dec. 2, 2005

12

NOTICE of Disclosure by Equal Employment Opportunity Commission (Boutchee, Kathy) (Entered: 12/05/2005)

Dec. 5, 2005

Dec. 5, 2005

13

NOTICE of Hearing:Management Conference set for 1/10/2006 10:00 AM before Judge Thad Heartfield. (mfr, ) (Entered: 12/13/2005)

Dec. 13, 2005

Dec. 13, 2005

15

NOTICE of Disclosure by Equal Employment Opportunity Commission (Boutchee, Kathy) (Entered: 12/20/2005)

Dec. 20, 2005

Dec. 20, 2005

17

NOTICE by Equal Employment Opportunity Commission Notices of Depositions (Boutchee, Kathy) (Entered: 03/23/2006)

March 23, 2006

March 23, 2006

18

NOTICE of Hearing: Docket Call set for 5/15/2006 09:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. Jury Selection set for 5/16/2006 09:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (mfr, ) (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

19

MOTION to Withdraw Amanda J. Ballay as Counsel of Record by Flying J., Inc. (Attachments: # 1 Text of Proposed Order)(Worley, Robert) (Entered: 05/08/2006)

May 8, 2006

May 8, 2006

20

ORDER granting 19 Motion to Withdraw atty Amanda Ballay. Signed by Judge Thad Heartfield on 5/10/06. (bjc, ) (Entered: 05/10/2006)

May 10, 2006

May 10, 2006

21

ORDER on closing documents. Settlement papers due 5/25/06 . Signed by Judge Thad Heartfield on 5/10/06. (bjc, ) (Entered: 05/10/2006)

May 10, 2006

May 10, 2006

22

Joint MOTION to Approve Consent Judgment by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order Consent Decree)(Boutchee, Kathy) (Entered: 05/25/2006)

May 25, 2006

May 25, 2006

23

CONSENT DECREE. Dft agrees to pay the total sum of $20,000 in full and final settlement of the Commission's lawsuit to provide monetary relief to Christal Julian. Each party to this action shall bear their own costs and atty's fees. Signed by Judge Thad Heartfield on 5/30/06. (bjc, ) (Entered: 05/31/2006)

May 30, 2006

May 30, 2006

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 29, 2005

Closing Date: May 30, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

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

Flying J, Inc. (Orange, TX ), Private Entity/Person

Case Details

Causes of Action:

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

Available 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: 20000

Order Duration: 2006 - 2010

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits