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

So United States Courts Uthem Diatrict of Texes FILED

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

§

Plaintiff,

§

§

v.

§

§

ETHIO EXPRESS SHUTTLE SERVICE, INC. §

d/b/a TEXANS SHUTTLE

§

§

Defendant.

§

MAR 31 2006
II:fJaeJ N. Milby, Clark of CoIll1
CIVIL ACTION NO.
H 06 1096
JURY TRIAL DEMANDED

ORIGINAL COMPLAINT OF THE
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

TO THE HONORABLE UNITED STATES DISTRICT COURT:

NATURE OF THE ACTION

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, to correct unlawful employment practices on the basis of national

origin and race, and to provide appropriate relief to Andrew Cooper, Michael Calligan, Maralisia

Mack, Gerald K. Fields, and to other black United States natives who have worked as drivers for

Ethio Express in Houston, Texas, each of whom were adversely affected by such practices. As

alleged with greater particularity in paragraphs 9-12, below, Ethio Express Shuttle Service, Inc.

("Ethio Express"), discriminated against black American drivers who did not have recent African

ancestry, because of their national origin and/or race, by subjecting them to different terms and

conditions of employment than similarly situated drivers who were born in Africa or whose parents

were born overseas.

I

JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C §§ 451, 1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to Sections 706(t)(1) and (3) Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(t)(I) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a. 2. The alleged unlawful employment practices were and are now being committed within the jurisdiction ofthe United States District Court for the Southern District ofTexas, Houston Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, as amended, and is expressly authorized to bring this action by Section 706(t)(1) and (3) of Title VII, 42 U.S.C. §§ 2000e-5(t)(I) and (3). 4. At all relevant times, Defendant Ethio Express has continuously been a corporation doing business in the State of Texas and the City of Houston, and has continuously had at least fifteen (15) employees. 5. At all relevant times, Ethio Express has continuously been an employer engaged in an industry affecting commerce within the meaning of 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, Andrew Cooper and Michael Calligan filed charges with the Commission alleging violations of Title VII by Ethio
2

Express. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least September 2003, Ethio Express has engaged in unlawful employment
practices in its operations in the greater Houston metropolitan area, in violation of Section 703(a) of Title VII, 42 U.S.C. §§ 2000e-2(a).
8. Andrew Cooper, a black American, began working as a driver for Ethio Express in April 2003. Michael Calligan, also a black American, began working for Defendant as a driver around September 2003. Maralisia Mack and Gerald K. Fields also were employed by Ethio Express as drivers.
9. Mr. Cooper was once advised by Ethio Express management that "you blacks are happy as long as whites give you food stamps."
10. At Ethio Express, drivers not of Ethiopian heritage were subjected to different terms and conditions of employment because of their national origin and/or race. For example, black Americans would be dispatched on "ghost trips," in which a driver would arrive at a destination to find no passenger waiting, while routes with paying passengers were assigned to drivers ofEthiopian ongm.
11. At times of higher passenger volume, such as the Super Bowl week in 2004, regular routes normally assigned to non-Ethiopian drivers were taken away and given to drivers ofEthiopian origin, thus depriving the non-Ethiopian drivers of higher tip income.
12. Ethio Express's practices concerning lease terms, dress code, meeting attendance, tip distribution, and the quality ofvans assigned to drivers all discriminatorily disfavored non-Ethiopian drivers.
13. The effect of the practices complained of in paragraphs 9 - 12, above, has been to
3

deprive Cooper, Mack, Calligan, Fields, and the other class members of equal employment opportunities and otherwise adversely affect their status as employees because oftheir national origin and race.
14. The unlawful employment practices complained ofin paragraphs 9 - 12 were and are intentional.
15. The unlawful employment practices complained of in paragraphs 9 - 12, above, were and are done with malice or with reckless indifference to the federally protected rights of Cooper, Mack, Calligan, Fields, and other black American drivers and drivers not ofEthiopian heritage.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Ethio Express Shuttle Service, Inc., its officers, successors, assigns and all persons in active concert or participation with it, from engaging in discriminatory wage practices and any other employment practices which discriminate on the basis of national origin or race. R Grant a permanent injunction enjoining Ethio Express, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any unlawful retaliation against individuals who oppose employment practices reasonably believed to be unlawful under Title VII, or against individuals who assist, encourage, and/or support others who oppose employment practices reasonably believed to be unlawful under Title VII. C. Order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunity for black Americans and others not of Ethiopian heritage,
4

and which eradicate the effects of its past and present unlawful employment practices against these groups.
D. Order Defendant to make whole Andrew Cooper, Michael Calligan, Maralisia Mack, Gerald K. Fields, and other class members by providing appropriate backpay with prejudgment interest, in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects ofits unlawful employment practices, including but not limited to reinstatement, to aggrieved non-Ethiopian drivers, or in the alternative to provide front pay.
E. Order Defendant to make whole Andrew Cooper, Michael Calligan, Maralisia Mack, Gerald K. Fields, and other class members by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 9-12, above, in amounts to be determined at trial.
F. Order Defendant to make whole Andrew Cooper, Michael Calligan, Maralisia Mack, Gerald K. Fields, and other class members by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practices described in paragraphs 9-12, above, including emotional pain, inconvenience, and humiliation, in amounts to be determined at trial.
G. Order Ethio Express to pay Andrew Cooper, Michael Calligan, Maralisia Mack, Gerald K. Fields, and other class members punitive damages for its malicious and reckless conduct described in paragraphs 9 - 12, above, in amounts to be determined at trial.
H. Grant such further relief as the Courts deems necessary and proper in the public interest.
I. Award the Commission its costs of this action.
5

JURY TRIAL DEMAND
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
GwnNDOLYNYOUNGREAMS Associate General Counsel 1801 L. Street, N.W. Washington, D.C. 20507
Timothy M. B wne Senior Trial ttorney Attorney-in-Charge Texas Bar No. 00793371 Southern Dist. of Texas No. 20023 Equal Employment Opportunity
Commission 1919 Smith Street, 7th Floor Houston, Texas 77002 (713) 209-3395 (713) 209-3402 [facsimile] timothy.bowne@eeoc.gov
OF COUNSEL:
Jim Sacher Regional Attorney Rose Adewale-Mendes Supervisory Trial Attorney Equal Employment Opportunity Commission 1919 Smith Street, 7th Floor Houston, Texas 77002
6

JS 44 (Rev. 07/89)

e

CIVIL COVER SHEET

e

The JS 44 cIvil cover sheet and the infonnation contained herein neither replace nor supplement the filIng and service of pleadings or other papers as required by law, except as provided by local rules of court. This form,

approved by the Judicial Conference of the United States in September 1974, IS requIred for the use of the Clerk of Court for the purpose of initiatmg the clVll docket sheet. (SEE INSTRUCTIONS ON THE REVERSE

OF THE FORM.)
I(a) PLAI~TIFFS
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

U DEFENDANTS
Ethio Express Shuttle Service, Inc.

06 1 096

(b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF _ __
(EXCEPT IN U.S. PLAINTIFF CASES)

LlST~FENDANT. COUNTY OF RESIDENCE OF FIRST

Harris

(IN U S. PLAINTIFF CASES ONLy)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE

TRACT OF LAND INVOLYEO

(c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER)
Timothy M. Bowne, Trial Attorney EEOC-Houston District Office 1919 Smith Street, 7th Floor Houston, Texas 77002 713 209-3395

ATTORNEYS (IF KNOWN)

MAR 312006
UichaaI No Milb ,Clark of Court

II. BASIS OF JURISDICTION

(pLACE AN l( IN ONE BOX ONLY)

[xlI U.S. Government Plaintiff
[] 2 U.S. Government Defendant

[] 3 Federal Question (U S Government Not a Party) [] 4 Diversity (IndIcate Clt!zenslnp of Parties In Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (pLACE AN xIN ONE BOX

(For Diversity Cases Only)

FOR PLAINTIFF AND ONE BOX FOR DEFENDANl)

PTF DEF

PTF DEF

Citizen of This State [ ] I [] I Incorporated or Principal Place [] 4 [] 4

of Business in This State

Citizen of Another State [] 2 [] 2 Incorporated and Principal Place [ ] 5 [] 5

of Business in Another State Citizen or Subject of a [] 3 [] 3 Foreign Nation

[]6 []6

Foreign Country

IV. CAUSE 0 F A<;:TI0 N (CITE THE U S CIVIL STAl1JI'E UNDER WlllCII YOU ARE FILING AND WRITE ABRIEF STATEMENT OF CAUSE 00 NOT CITE JURlSDICTlONAL STAl1JI'ES UNLESS DIVERSITY)
Defendant engaged in unlawful employment practices in violation of Section 703 of Title VII, and Section 102 of the Civil Rights Act of 1991. The practices include discnmmation on the basis of national origin.

V NATURE OF SUIT (PLACE AN xIN ONE BOX ONLy)

CONTRACT

TORTS

[] 11 0 Insunm" [] 120 Manne [] 130 "'''" Act
[] 140 Negotiable Instrument
[] ~o=;;=;t&
[]151 MoW_Ad
[] J.£'~~~::"~:::") [] ~l!:;:~~~Overpa}meru of
[] 160 Stockholders'Sults [] 190 00" Contra" [] 195 Contract Product Liability
REAL PROPERTY
[] 2t 0 Land Condtmno"on [] 220 F~lo,ure [] 230 Rent Lease & Ejectment [] 240 Toru to Land [] 245 Tort Product L..bd,ty [] 290 All Othor R~I Pro""",

PERSONAL INJURY [] 310 Aupl",,,

[] 315 Auplane Product Llablhty [] 320 A..,ul, Ld,,1 &SI"""" [] 330 FcdenU Employ",' L"bd"y

[] 340 Manne [] 345 Manne Product L"b,uty
[] 350 MolD< VoIucl, [] 3SS Motor VehIcle Product

Llsblld)

[] 360 Othor P,,,onaIInJury

-

CIVIL

RIGHTS

PERSONAL INJURY
[] 361!,"'~~.!.,:-
[] 36i P",onaIInJury-Produot
labtllty
[] 36~~.~:",IInJury
PERSONAL PROPERTY [] 370 Othor FIBud [] 371 Truth '" Londmg [] 380 Othor P",onsl Pro""", Dwnaso
[] t8~ Property Dwnago Product 18 Ihty
PRISONER PETITIONS

[] 441 Vo"""
[X] 442 Emplaymont
[] 443 Ho~mglAcrommodauom [] 444 Wolf",
[] 440 Othor eml "'shu

[] SIO MottonstoVllcatcScntence

Habeas Corpus

[] 530 Gon=1

[] 535 Deoth Pon.lty

[] 540 Mandam~ &Othor

[]

550

00 "

FORFEITUREIPENALTY
[] 610 Agn,ulture [] 620 00" Food &Drug
[] ~il~~~":8~Of
[] 630 L,'I"'" low. [] 640 RR&Truck [] 650 Aulme Reg. [] 660 C>ccupo"onal S.fotyJII..lth [] 690 00"
LABOR
[] 710 F.ulo""'S""""",,Ad [] 720 loborlMgml Rd,""",
[] 71E..~=:: RoportmB
[] 740 Ro,lwoylo!xx Act [] 790 Othor lo!xx L,bgotwn [] 791.E. mpl Rot Inc Soounty

BANKRUPTCY
[] 422 Appcol28 usc 158 [] 423 w,thdn>w.128 usc 157
PROPERTY RIGHTS
[] 820 Copynsh~ [] 830 Poteat [] 840 T"""""""
SOCIAL SECURITY
[] 861 HIA (13950) [] 862 Block L""g (923) [] 863 DIWCIDIWW (405(g) [] 864 SSID "do XVI [] 865 RSI (405(g)
FEDERAL TAX SUITS
[] rt7~:)C3 (U S PlamldT or
fl 871 IRS-Thud Porty 26 USC 7609

OTHER STATUTES
[] 400 State Rcapporuonment [] 410 An"""'t [] 430 Bonb "'" B,nkmg [] 450 Comme=ilCC Rotesiel<> [] 460 Doporta"on []4~=lnflumccd""'Conupt
[] 810 Sol","", 80M",
[] ~~I!..,:un"""'ommoW"",j
[] 87~2~;~~hallenge
[] 891 Agn,ultunl Ao~ (] 892 Eoononuc StabdlZauon Act [] 893 Eo'uonmontal Matten
[] 894 Energy Allocation Act
[] 895 Froodom oflnfonnauon Ad
[] mr"::: ~::!==tlCm
[] 950 Constltul1onahty of Stale Statutes [] 890 Othor Statutory A,"o",

VI. ORIGIN
[X] t Original
Prote' .ding

(PLACE AN x IN ONE BOX ONLy)

[] 2 Removed from

[] 3 Remanded from

State Court

Appellate Court

Transferred from

[] 4 Remstated or

[] 5 another distnct

Reopened

(specify)

Appeal to District

[] 6 Multidistrict

[] 7 Judge from

Litigation

Magistrate Judgment

VI1. REQUESTED IN

CHECK IF THIS IS A CLASS ACTION

COMPLAINT:

[] UNDER F.R.C P. 23

DEMAND $

Check YES only If demanded in complamt:

JURy DEMAND,

[X] YES

[] NO

VIII. RELATED CASE(S) IF ANY (Soemotrucuom)

JUDGE

DOCKET NUMBER

SIGNA~OFRECO~~

~rv;'. 'e

UNITED STATES DISTRICT COURT

\

 </s> IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

United States Courts Southern District of Texas
ENTERED
FEB 2 8 2007

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION

§

§

Plaintiff,

§

§

versus

§

§

ETHIO EXPRESS SHUTTLE SERVICE, §

INC.

§

§

Defendant.

§

Michael N. Milby, Clerk of COUrt CIVILACTION NO. H-06-10%

ORDER

The Court has been advised that the Defendant is under the protection ofthe automatic stay

in Bankruptcy Court. Accordingly, the captioned case shall be ADMINISTRATIVELY CLOSED.

The parties are granted leave to move to reinstate the case on the Court's active docket within ten

(10) days from the date ofa ruling by the United States Bankruptcy Court for the Southern District

of Texas (Case No. 07-31063). A copy ofthis Order shall be attached as an exhibit to any motion

to reinstate.

The Clerk shall enter this Order and provide a copy to parties.

2~~y Signed on this the

of_r;_-(;----!....:;:::;:..._-""?E;:--:> 2007, at Houston, Texas.

VANESSA D. GILMORE UNITED STATES DISTRICT JUDGE

 </s> Case 4:06-cv-01096 Document 19-4 Filed 03/14/2007 Page 1 of 1

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

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

§

Plaintiff,

§

§

v.

§

§

ETHIO EXPRESS SHUTTLE SERVICE, INC. §

d/b/a TEXANS SHUTTLE

§

§

Defendant.

§

CIVIL ACTION NO. H-06-1096 JURY TRIAL

ORDER ON EEOC'S MOTION TO REINSTATE

After consideration of EEOC's Motion to Reinstate, it is ORDERED that the motion is

hereby GRANTED.

A b0 il 1\

Scheduling Order _lO',

It is so ORDERED.

~y ~L. . .- -I(~- =:" " ';'~l Signed on this the

_ _ _ _,2007, at Houston, Texas.

 </s> DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report

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CLOSED, MEDIATION
U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CIVIL DOCKET FOR CASE #: 4:06-cv-01096

Equal Employment Opportunity Commission v. Ethio Express Shuttle Service Inc Assigned to: Judge Vanessa D Gilmore Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 03/31/2006 Date Terminated: 11/21/2007 Jury Demand: Defendant Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Timothy M Bowne EEOC 1919 Smith 6th Fl Houston, TX 77002 713-209-3395 Fax: 713-209-3402 Email: timothy.bowne@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Ethio Express Shuttle Service Inc doing business as Texans Shuttle

represented by Kevin Albert Murray Murray Purcell et al 12436 FM 1960 Box 196 Houston, TX 77065 713-715-7060 Fax: 713-715-7063 Email: kmurray5075@yahoo.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 03/31/2006 03/31/2006

#

Docket Text

1 COMPLAINT against Ethio Express Shuttle Service Inc (Filing fee $ 250) filed by Equal Employment Opportunity Commission.(rsmith, ) Additional attachment(s) added on 3/31/2006 (rsmith, ). (Entered: 03/31/2006)
Summons Issued as to Ethio Express Shuttle Service Inc d/b/a Texans Shuttle, filed.(rsmith, ) (Entered: 03/31/2006)

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03/31/2006
04/03/2006 04/07/2006 04/12/2006 04/19/2006 07/06/2006 07/21/2006
07/28/2006 08/03/2006
08/03/2006 09/29/2006 10/17/2006 10/17/2006 10/18/2006 11/30/2006

2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 7/21/2006 at 01:30 PM in Courtroom 9A before Judge Vanessa D Gilmore.( Signed by Judge Vanessa D Gilmore ) Parties notified.(rsmith, ) (Entered: 03/31/2006)
Fee waived re: 1 Complaint , filed. (ejones, ) (Entered: 04/03/2006)
3 CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opportunity Commission, filed.(Bowne, Timothy) (Entered: 04/07/2006)
4 MEMORANDUM AND ORDER Regarding Discovery Motions, Motions for Summary Judgment and Analogous Motions to Dismiss.( Signed by Judge Vanessa D Gilmore ) Parties notified.(kmurphy, ) (Entered: 04/12/2006)
5 ANSWER to Complaint with Jury Demand by Ethio Express Shuttle Service Inc, filed.(kejones, ) (Entered: 04/20/2006)
6 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Equal Employment Opportunity Commission, filed.(Bowne, Timothy) (Entered: 07/06/2006)
SCHEDULING CONFERENCE Minute Entry for proceedings held before Judge Vanessa D Gilmore. held on 7/21/2006. Scheduling dates entered, order to follow. Parties to file a status report with the Court by 9/30/06. Appearances: Timothy M Bowne, Kevin Albert Murray.(Court Reporter: Fred Warner), filed.(emares, ) (Entered: 08/02/2006)
7 CERTIFICATE OF INTERESTED PARTIES by Ethio Express Shuttle Service Inc, filed.(sbyrum, ) (Entered: 07/28/2006)
8 SCHEDULING ORDER: ETT: 4. Jury. Amended Pleadings due by 9/15/2006. Joinder of Parties due by 9/15/2006. Pltf Expert Witness List due by 10/31/2006. Deft Expert Witness List due by 11/30/2006. Discovery due by 2/28/2007. Motion Filings due by 4/1/2007. Joint Pretrial Order due by 6/22/2007. Docket Call set for 6/29/2007 at 01:30 PM in Courtroom 9A before Judge Vanessa D Gilmore. Trial July, 2007.( Signed by Judge Vanessa D Gilmore ) Parties notified.(kmurphy, ) (Entered: 08/03/2006)
9 ORDER Status Report due by 9/30/2006.( Signed by Judge Vanessa D Gilmore ) Parties notified.(kmurphy, ) (Entered: 08/03/2006)
10 STATUS REPORT by Equal Employment Opportunity Commission, filed.(Bowne, Timothy) (Entered: 09/29/2006)
12 RETURN of Service Executed as to Kinfe Walga on 10/14/06 re: Subpoena, filed.(ejuarez, ) (Entered: 10/19/2006)
13 RETURN of Service Executed as to Berhane Testamariam on 10/10/06 re: Subpoena, filed.(ejuarez, ) Modified on 10/23/2006 (ejuarez, ). (Entered: 10/19/2006)
11 Order Referring Case to Mediation. .( Signed by Judge Vanessa D Gilmore ) Parties notified.(dhansen, ) (Entered: 10/19/2006)
14 MOTION for Extension of Time Comply with Mediation Order by Equal Employment Opportunity Commission, filed. Motion Docket Date 12/20/2006.

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12/22/2006 02/12/2007 02/21/2007 02/26/2007 03/14/2007 04/10/2007 04/10/2007 04/10/2007
08/24/2007 08/24/2007 08/31/2007
08/31/2007 09/26/2007

(Attachments: # 1 Proposed Order)(Bowne, Timothy) (Entered: 11/30/2006)
15 ORDER granting 14 Motion for Extension of Time .( Signed by Judge Vanessa D Gilmore ) Parties notified.(emares, ) (Entered: 12/26/2006)
16 SUGGESTION OF BANKRUPTCY by Ethio Express Shuttle Service Inc, filed.(Murray, Kevin) (Entered: 02/12/2007)
17 RESPONSE to 16 Suggestion of Bankruptcy, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Bowne, Timothy) (Entered: 02/21/2007)
18 ORDER Administratively Closing Case, Case terminated on 2/26/07.( Signed by Judge Vanessa D Gilmore ) Parties notified.(dhansen, ) (Entered: 02/28/2007)
19 MOTION to Reopen Reinstate lawsuit to active docket by Equal Employment Opportunity Commission, filed. Motion Docket Date 4/3/2007. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Proposed Order)(Bowne, Timothy) (Entered: 03/14/2007)
20 SUPPLEMENT to 19 MOTION to Reopen Reinstate lawsuit to active docket by Equal Employment Opportunity Commission, filed. (Attachments: # 1 Exhibit Order Dismissing Bankruptcy Suit)(Bowne, Timothy) (Entered: 04/10/2007)
21 ORDER granting 19 MOTION to Reopen Reinstate lawsuit to active docket, Case reopened on April 10, 2007.( Signed by Judge Vanessa D Gilmore ) Parties notified.(chorace, ) (Entered: 04/10/2007)
22 AMENDED SCHEDULING ORDER: ETT: 4 days. Jury Trial is subject on short notice during the month of September. Joint Pretrial Order due by 8/24/2007 Docket Call set for 8/31/2007 at 01:30 PM in Courtroom 9A before Judge Vanessa D Gilmore.( Signed by Judge Vanessa D Gilmore ) Parties notified.(chorace, ) (Entered: 04/10/2007)
23 Proposed Pretrial Order by Equal Employment Opportunity Commission, filed. (Attachments: # 1 Exhibit Plaintiff's Witness List# 2 Exhibit Plaintiff's Exhibit List# 3 Exhibit Plaintiff's Proposed Voir Dire# 4 Exhibit Plaintiff's Proposed Jury Instructions)(Bowne, Timothy) (Entered: 08/24/2007)
24 MOTION in Limine by Equal Employment Opportunity Commission, filed. Motion Docket Date 9/13/2007. (Bowne, Timothy) (Entered: 08/24/2007)
Minute Entry for proceedings held before Judge Vanessa D Gilmore. DOCKET CALL held on 8/31/2007. Attorney for Defendant to send notice to party by certified and regular mail of Trial Setting for 9/11/07 at 9:30 a.m. Attorneys to be on stand by the morning of 9/11/07 by phone, for non-appearances the court will enter default and take damages testimony by affidavit. Appearances: Timothy M Bowne, Kevin Albert Murray.(Court Reporter: Gayle Dye), filed.(chorace, ) (Entered: 09/01/2007)
25 NOTICE of Trial Setting. Parties notified. Jury Trial set for 9/11/2007 at 09:30 AM in Courtroom 9A before Judge Vanessa D Gilmore, filed. (chorace, ) (Entered: 09/01/2007)
26 MOTION for Entry of Default against Ethio Express Shuttle Service Inc by Equal Employment Opportunity Commission, filed. Motion Docket Date 10/16/2007.

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10/02/2007 10/24/2007 11/21/2007

(Attachments: # 1 Proposed Order)(Bowne, Timothy) (Entered: 09/26/2007)
27 ORDER granting 26 Motion for Entry of Default. Pltf. to file a motion ffor default judgment supported by affidavits by 10/26/07.( Signed by Judge Vanessa D Gilmore ) Parties notified.(emares, ) Modified on 10/3/2007 (emares, ). (Entered: 10/03/2007)
28 MOTION for Default Judgment against Ethio Express Shuttle Service Inc by Equal Employment Opportunity Commission, filed. Motion Docket Date 11/13/2007. (Attachments: # 1 Affidavit Andrew Cooper Affidavit# 2 Affidavit Michael Calligan# 3 Exhibit Exhibit A to Calligan Aff# 4 Affidavit Mack Declaration# 5 Affidavit Gerald Fields Affidavit# 6 Proposed Order proposed Final Judgment)(Bowne, Timothy) (Entered: 10/24/2007)
29 FINAL JUDGMENT. Case terminated on November 21, 2007.( Signed by Judge Vanessa D Gilmore ) Parties notified.(chorace) (Entered: 11/23/2007)

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[CONTENT] March 2006 | the Houston District Office | EEOC | Ethio Express Shuttle Service Inc. | Texans | the U.S. District Court | the Southern District | Texas | Title VII of the Civil Rights Act | 1964 ||| African-American | the United States | Africa |||  ||| EEOC | EEOC ||| 37,197 [SUMMARY] In March 2006 the Houston District Office of the EEOC filed this lawsuit against shuttle service provider Ethio Express Shuttle Service Inc., doing business as Texans Shuttle, in the U.S. District Court for the Southern District of Texas alleging discrimination on the basis of race and national origin in violation of Title VII of the Civil Rights Act of 1964.  Specifically, the complaint alleged the defendant discriminated against African-American drivers who were native to the United States in favor of those recently from Africa in making route assignments, tip distributions, and other terms and conditions of their employment.  Shortly after answering the complaint, the defendant declared bankruptcy.  After the EEOC had the case reopened, the EEOC successfully motioned for default judgment.  The judgment ordered the defendant to pay the complaining parties $37,197 and enjoined them from discriminating on the basis of race or national origin.

