Case: Caldwell v. FEDEX Corporation

3:03-cv-02878 | U.S. District Court for the Northern District of California

Filed Date: June 19, 2003

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On June 19, 2003, an individual employee filed a lawsuit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, 42 U.S.C. § 1981, and the California Fair Employment and Housing Act, against the FedEx Corporation in the United States District Court for the Northern District of California. On November 13, 2003, the case was consolidated with a case of the same nature, Satchell v. FedEx Express, which had been filed in the United States District Court for the Northern District of Cal…

On June 19, 2003, an individual employee filed a lawsuit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, 42 U.S.C. § 1981, and the California Fair Employment and Housing Act, against the FedEx Corporation in the United States District Court for the Northern District of California. On November 13, 2003, the case was consolidated with a case of the same nature, Satchell v. FedEx Express, which had been filed in the United States District Court for the Northern District of California in 2003. The plaintiffs, who were represented by private counsel, asked the court for declaratory relief, injunctive relief, rightful place relief, back pay, front pay, compensatory and punitive damages, and attorney fees. The plaintiffs alleged disparate impact and disparate treatment concerning minority employees and minority lower-level managers with regards to promotions, training, job assignments, compensation, and discipline. Specifically, the plaintiffs contended that FedEx disproportionately assigned minority employees to part-time and casual positions, provided them with fewer promotions than non-minority employees, granted less compensation for minority employees than similarly situated non-minorities, and disciplined minority employees more harshly.

On September 11, 2004 the plaintiffs filed a motion for class certification and on September 28, 2005, the court (Judge Susan Illston) granted the plaintiff's motion for class certification. Two classes were certified: a Minority Employee Class and an African-American Lower-Level Manager Class, both incorporating all employees meeting these standards since October 17, 1999 and working in FedEx's Western Region. The court also bifurcated the litigation into two phases, one to address liability and relief applicable to the class and the second to address individual compensatory and equitable relief. On December 5, 2006, the court (Judge Illston) dismissed the class claims certified under the California Fair Employment and Housing Act in accordance with the plaintiffs' amended complaint.

On April 13, 2007, the court (Judge Illston) granted preliminary approval of the consent decree, which provided for an award of $15 million in attorneys' fees and reimbursement. Caldwell v. FedEx, 2007 WL 1114010 (N.D. Cal. 2007). The court (Judge Illston) also granted the plaintiffs' motion for attorneys' fees and reimbursement of costs and expenses. Caldwell v. FedEx, 2007 WL 2343904 (N.D. Cal. 2007). The court (Judge Illston) then signed the consent decree. The provisions of the settlement agreement included monetary relief, attorneys' fees, and injunctive relief, consisting of the new guidelines for granting positions, training, job assignments, compensation, and discipline within the FedEx Corporation. Judge Illston entered the final judgment dismissing the case with prejudice, in accordance with the terms of the Consent Decree on August 14, 2007.

The parties continued to litigate such issues as attorneys' fees through January 2008, but they ultimately reached an agreement regarding those issues. The case is now closed.

Summary Authors

Emily Kuznick (4/3/2008)

Daniele de Oliveira Nunes (4/21/2019)

Related Cases

Satchell v. Federal Express Corp., Northern District of California (2003)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5730042/parties/caldwell-v-fedex-corporation/


Judge(s)
Attorney for Plaintiff

Barenbaum, Daniel E. (California)

Burris, John L. (California)

Attorney for Defendant

Babcock, Barak J. (Tennessee)

Becker, Evelyn L. (District of Columbia)

Billions, David Andrew (Tennessee)

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Documents in the Clearinghouse

Document
61

3:03-cv-02878

03-02659

Motion to certify class

Sept. 11, 2004

Sept. 11, 2004

Pleading / Motion / Brief
91

3:03-cv-02878

Amended Complaint

CALDWELL ET AL v. FEDEX CORPORATION ET AL

Oct. 12, 2005

Oct. 12, 2005

Complaint

2005 WL 2005

528

3:03-cv-02878

03-02659

Order dismissing class claims under the California Fair Employment and Housing Act

Caldwell et al v. FedEx Corporation et al

Dec. 5, 2006

Dec. 5, 2006

Order/Opinion

3:03-cv-02878

03-02659

[PROPOSED] ORDER (1) PRELIMINARILY APPROVING CLASS ACTION SETTLEMENT, (2) PROVISIONALLY CERTIFYING SETTLEMENT CLASSES, (3) DIRECTING DISTRIBUTION OF NOTICE OF THE SETTLEMENT, AND (4) SETTING A SCHEDULE FOR THE FINAL SETTLEMENT APPROVAL PROCESS

Caldwell v. FedEx Corp.

April 13, 2007

April 13, 2007

Order/Opinion

2007 WL 2007

3:03-cv-02878

03-02659

Motion for Final Approval of Settlement

Caldwell et al v. FedEx et al

June 22, 2007

June 22, 2007

Pleading / Motion / Brief

3:03-cv-02878

03-02659

Application for Attorney Fees and Reimbursement of Costs and Expenses

Caldwell et al v. FedEx Company et al

Aug. 9, 2007

Aug. 9, 2007

Pleading / Motion / Brief

3:03-cv-02878

03-02659

Opinion

CALDWELL ET AL v. FEDEX CORP.

Aug. 14, 2007

Aug. 14, 2007

Order/Opinion

2007 WL 2007

3:03-cv-02878

03-02659

Consent Decree

Caldwell et al v. FedEx Company et al

Aug. 15, 2007

Aug. 15, 2007

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5730042/caldwell-v-fedex-corporation/

Last updated Feb. 15, 2024, 3:26 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Summons Issued against Feddex Ground Package System, Inc., Fedex Corporation, Fedex Express (Filing fee $150 receipt number 3348711). Filed by Patricia Caldwell, John Conwell, Rick Gonzales, Cynthia Guerrero, Rachel Hutchins, Mariel Lawson Janice Lewis, Ken Stevenson. (ci, ) Modified on 10/30/2008 (rcs, COURT STAFF). (Entered: 06/25/2003)

June 19, 2003

June 19, 2003

CASE DESIGNATED for Electronic Filing. (ci, ) (Entered: 06/25/2003)

June 19, 2003

June 19, 2003

3

NOTICE of Related Case C 03−2659 SI by Patricia Caldwell, John Conwell, Rick Gonzales, Cynthia Guerrero, Rachel Hutchins, Mariel Lawson Janice Lewis, Ken Stevenson. (ci, ) (Entered: 06/25/2003)

June 19, 2003

June 19, 2003

Summons Issued as to Feddex Ground Package System, Inc. ; Fedex Corporation ; Fedex Express (ci, ) (Entered: 06/25/2003)

June 19, 2003

June 19, 2003

4

First AMENDED COMPLAINT against Fedex Services, Fedex Ground, Fedex Corporation, Fedex Express. Filed by Ken Stevenson, Rachel Hutchins, Cynthia Guerrero, Rick Gonzales, Kimelia Wooten, Xsiomara Willis, Darnell Williams, Shelia Tyler, Shirley K. Steward, Kelvin Smith Sr., Mari Shaffer, Darryl Payton, Peter Paris, Ernestine Owens, Rosa N. Olmos, Mike O. Odigie, Lavaedra Newton, Yvonne Murray, Rodney Morton, Shirley McCray, Emory McClendon, Cynthia Jackson, David Hernandez, Janet Haynes, Bradford Hall, Glenda Gray, Lawrence Estrada, Melanie Dennis, Desmond Carter, Kevyn Cameron, Alvin Buckman, Willie Bryant III, Charles Anderson, Derrick Satchell, Janice Lewis, Marial Lawson, Patricia Caldwell, John Conwell. (Wallace, Guy) (Entered: 06/25/2003)

June 25, 2003

June 25, 2003

5

OBJECTIONS to re 3 NOTICE OF RELATED CASES by Feddex Ground Package System, Inc., Fedex Corporation, Fedex Express, Fedex Ground, Fedex Services. (Diekmann, Gilmore) (Entered: 08/25/2003)

Aug. 25, 2003

Aug. 25, 2003

6

WAIVER OF SERVICE Returned Executed, by Charles Anderson, Willie Bryant III, Alvin Buckman, Patricia Caldwell, Kevyn Cameron, Desmond Carter, John Conwell, Melanie Dennis, Lawrence Estrada, Rick Gonzales, Glenda Gray, Cynthia Guerrero, Bradford Hall, Janet Haynes, David Hernandez, Rachel Hutchins, Cynthia Jackson, Marial Lawson, Janice Lewis, Emory McClendon, Shirley McCray, Rodney Morton, Yvonne Murray, Lavaedra Newton, Mike O. Odigie, Rosa N. Olmos, Ernestine Owens, Peter Paris, Darryl Payton, Derrick Satchell, Mari Shaffer, Kelvin Smith Sr., Ken Stevenson, Shirley K. Steward, Shelia Tyler, Darnell Williams, Xsiomara Willis, Kimelia Wooten. Feddex Ground Package System, Inc. waiver sent on 7/29/2003, answer due 9/29/2003; Fedex Corporation waiver sent on 7/29/2003, answer due 9/29/2003; Fedex Express waiver sent on 7/29/2003, answer due 9/29/2003; Fedex Ground waiver sent on 7/29/2003, answer due 9/29/2003; Fedex Services waiver sent on 7/29/2003, answer due 9/29/2003 (Harris, Sheryl) (Entered: 08/25/2003)

Aug. 25, 2003

Aug. 25, 2003

7

MOTION to Dismiss Pursuant to Rule 12(B)(3) filed by Feddex Ground Package System, Inc., Fedex Corporation, Fedex Express, Fedex Ground, Fedex Services. Motion Hearing set for 10/2/2003 08:00 AM. (Diekmann, Gilmore) (Entered: 08/25/2003)

Aug. 25, 2003

Aug. 25, 2003

8

DECLARATION in Support re 7 Motion to Dismiss By Kamili A. Williams filed by Feddex Ground Package System, Inc., Fedex Corporation, Fedex Express, Fedex Ground, Fedex Services. (Related document(s) 7 ) (Diekmann, Gilmore) (Entered: 08/25/2003)

Aug. 25, 2003

Aug. 25, 2003

9

DECLARATION in Support re 7 Motion to Dismiss By Thanh Anderson filed by Feddex Ground Package System, Inc., Fedex Corporation, Fedex Express, Fedex Ground, Fedex Services. (Related document(s) 7 ) (Diekmann, Gilmore) (Entered: 08/25/2003)

Aug. 25, 2003

Aug. 25, 2003

10

DECLARATION in Support re 7 Motion to Dismiss By Robin Marsh filed by Feddex Ground Package System, Inc., Fedex Corporation, Fedex Express, Fedex Ground, Fedex Services. (Related document(s) 7 ) (Diekmann, Gilmore) (Entered: 08/25/2003)

Aug. 25, 2003

Aug. 25, 2003

11

Proposed Order re 7 Motion to Dismiss Pursuant to Rule 12(B)(3) by Feddex Ground Package System, Inc., Fedex Corporation, Fedex Express, Fedex Ground, Fedex Services. (Diekmann, Gilmore) (Entered: 08/25/2003)

Aug. 25, 2003

Aug. 25, 2003

12

DECLARATION in Support re 7 of Kamili A. Williams re Motion to Dismiss filed by Feddex Ground Package System, Inc., Fedex Corporation, Fedex Services. (Related document(s) 7 ) (ci, COURT STAFF) (Entered: 08/26/2003)

Aug. 25, 2003

Aug. 25, 2003

14

OBJECTIONS to Notice of Related Cases by Fedex Corporation, Fedex Express, Fedex Ground, Fedex Services. (ci, COURT STAFF) (Entered: 08/26/2003)

Aug. 25, 2003

Aug. 25, 2003

15

CLERK'S NOTICE re: Failure to E−File and/or Failure to Register as an E−Filer (ci, COURT STAFF) (Entered: 08/26/2003)

Aug. 26, 2003

Aug. 26, 2003

16

Notice of Motion and Motion and Memorandum of Points and Authorities in Support of Motion to Drop Misjoined Parrties, or Alternatively to Sever Plaintiff's Claims filed by Fedex Corporation, Fedex Express, Fedex Ground, Fedex Services. Motion Hearing set for 10/2/2003 08:00 AM. (Williams, Kamili) Modified on 9/2/2003 (ci, COURT STAFF). Additional attachment(s) added on 9/11/2003 (br, COURT STAFF). (Entered: 08/28/2003)

Aug. 28, 2003

Aug. 28, 2003

17

DECLARATION in Support re 16 Declaration of Kamili A. Williams In Support of Defendants' Motion to Drop Misjoined Parties or to Sever Plaintiffs' Claims filed by Fedex Corporation, Fedex Express, Fedex Ground, Fedex Services. (Related document(s) 16 ) (Williams, Kamili) Additional attachment(s) added on 9/11/2003 (br, COURT STAFF). (Entered: 08/28/2003)

Aug. 28, 2003

Aug. 28, 2003

18

DECLARATION in Support re 16 Declaration of William J. Cahill in Support of Dedendants' Motion to Drop Misjoined Parties or to Sever filed by Fedex Corporation, Fedex Express, Fedex Ground, Fedex Services. (Related document(s) 16 ) (Williams, Kamili) Additional attachment(s) added on 9/11/2003 (br, COURT STAFF). (Entered: 08/28/2003)

Aug. 28, 2003

Aug. 28, 2003

19

NOTICE re 16 Notice Regarding Exhibit Attachments In Support of Defendants' Motion to Drop Misjoined Parties or to Sever by Fedex Corporation, Fedex Express, Fedex Ground, Fedex Services. (Williams, Kamili) (Entered: 08/28/2003)

Aug. 28, 2003

Aug. 28, 2003

20

Proposed Order re 16 [Proposed] Order Granting Defendants' Motion to Drop Misjoined Parties by Fedex Corporation, Fedex Express, Fedex Ground, Fedex Services. (Williams, Kamili) (Entered: 08/28/2003)

Aug. 28, 2003

Aug. 28, 2003

21

EXHIBITS re 17 A Attachment to Declaration of Kamili A. Williams in Support of Defendants' Motion to Drop Misjoined Parties Or, Alternatively, to Sever Plaintiffs' Claims filed by Fedex Corporation, Fedex Express, Fedex Ground, Fedex Services. (Related document(s) 17 ) (ci, COURT STAFF) (Entered: 09/04/2003)

Aug. 28, 2003

Aug. 28, 2003

22

NOTICE of need of ADR Phone Conference /ADR Certification (Wallace, Guy) (Entered: 09/05/2003)

Sept. 5, 2003

Sept. 5, 2003

23

CLERK'S NOTICE: ADR Phone Conference scheduled for 9/23/03 at 2:00 p.m. Please take note that plaintiff's counsel initiates the call to all parties. (tjs, COURT STAFF) (Entered: 09/08/2003)

Sept. 8, 2003

Sept. 8, 2003

24

RESPONSE in Support re 16 Motion to Sever filed by Patricia Caldwell. (Attachments: # 1 P's Response to D's Motion to Sever# 2 Signature Page (Declarations/Stipulations) Decl. of GBW in Response# 3 Proposed Order Proposed Order)(Wallace, Guy) (Entered: 09/11/2003)

Sept. 11, 2003

Sept. 11, 2003

25

JOINT CASE MANAGEMENT STATEMENT filed by Patricia Caldwell. (Wallace, Guy) (Entered: 09/11/2003)

Sept. 11, 2003

Sept. 11, 2003

26

Reply Memorandum to Motion re 7 , 16 In Support of Motions to Dismiss for Improper Venue (FRCP 12(b)(3)) and to Drop Misjoined Parties (FRCP 21) filed by Feddex Ground Package System, Inc., Fedex Corporation, Fedex Express, Fedex Ground, Fedex Services. (Diekmann, Gilmore) (Entered: 09/18/2003)

Sept. 18, 2003

Sept. 18, 2003

27

EXHIBITS re 26 In Support of Motions to Dismiss for Improper Venue (FRCP 12(b)(3)) and to Drop Misjoined Parties (FRCP 21) filed by Feddex Ground Package System, Inc., Fedex Corporation, Fedex Express, Fedex Ground, Fedex Services. (Related document(s) 26 ) (Diekmann, Gilmore) (Entered: 09/18/2003)

Sept. 18, 2003

Sept. 18, 2003

ADR Phone Conference by HAH (tjs, COURT STAFF) (Entered: 09/24/2003)

Sept. 23, 2003

Sept. 23, 2003

29

ORDER RELATING CASE. Case reassigned to Judge Susan Illston for all further proceedings. Judge William H. Alsup no longer assigned to case. Signed by Judge Illston on 9/25/03. (ts, COURT STAFF) (Entered: 09/25/2003)

Sept. 25, 2003

Sept. 25, 2003

30

Amend/Correct 7 Motion to Dismiss Pursuant to Rule 12(B)(3) filed by Feddex Ground Package System, Inc., Fedex Corporation, Fedex Express, Fedex Ground, Fedex Services. Motion Hearing set for 10/24/2003 09:00 AM. (Diekmann, Gilmore) Modified on 10/2/2003 (ys, COURT STAFF). (Entered: 10/01/2003)

Oct. 1, 2003

Oct. 1, 2003

31

Amend/Correct 16 Notice of Motion to Drop Misjoined Parties or Alernatively Sever Plaintiffs' Claims filed by Feddex Ground Package System, Inc., Fedex Corporation, Fedex Express, Fedex Ground, Fedex Services. Motion Hearing set for 10/24/2003 09:00 AM. (Diekmann, Gilmore) Modified on 10/2/2003 (ys, COURT STAFF). (Entered: 10/01/2003)

Oct. 1, 2003

Oct. 1, 2003

32

CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE TO OCCUR ON 12/19/03 @ 2:00 P.M. (Attachments: # 1) (ts, COURT STAFF) (Entered: 10/01/2003)

Oct. 1, 2003

Oct. 1, 2003

Set/Reset Hearings: Initial Case Management Conference set for 12/19/2003 at 02:00 PM. (ys, COURT STAFF) (Entered: 10/02/2003)

Oct. 1, 2003

Oct. 1, 2003

33

NOTICE of Appearance of attorneys James M. Finberg, Bill Lan Lee, Lexi J. Hazam, and the law firm of Lieff, Cabraser, Heimann & Bernstein, LLP by Charles Anderson, Willie Bryant III, Alvin Buckman, Patricia Caldwell, Kevyn Cameron, John Conwell, Melanie Dennis, Lawrence Estrada, Rick Gonzales, Glenda Gray, Cynthia Guerrero, Bradford Hall, Janet Haynes, David Hernandez, Rachel Hutchins, Cynthia Jackson, Marial Lawson, Janice Lewis, Mariel Lawson Janice Lewis, Emory McClendon, Shirley McCray, Rodney Morton, Yvonne Murray, Lavaedra Newton, Mike O. Odigie, Rosa N. Olmos, Ernestine Owens, Peter Paris, Darryl Payton, Derrick Satchell, Mari Shaffer, Kelvin Smith Sr., Ken Stevenson, Shirley K. Steward, Shelia Tyler, Darnell Williams, Xsiomara Willis, Kimelia Wooten. (ys, COURT STAFF) (Entered: 10/09/2003)

Oct. 8, 2003

Oct. 8, 2003

34

CERTIFICATE/PROOF OF SERVICE by Charles Anderson, Willie Bryant III, Alvin Buckman, Patricia Caldwell, Kevyn Cameron, John Conwell, Melanie Dennis, Lawrence Estrada, Fedex Corporation, Rick Gonzales, Glenda Gray, Cynthia Guerrero, Bradford Hall, Janet Haynes, David Hernandez, Rachel Hutchins, Cynthia Jackson, Marial Lawson, Janice Lewis, Mariel Lawson Janice Lewis, Emory McClendon, Shirley McCray, Rodney Morton, Yvonne Murray, Lavaedra Newton, Mike O. Odigie, Rosa N. Olmos, Ernestine Owens, Peter Paris, Darryl Payton, Derrick Satchell, Mari Shaffer, Kelvin Smith Sr., Ken Stevenson, Shirley K. Steward, Shelia Tyler, Darnell Williams, Xsiomara Willis, Kimelia Wooten re 33 (ys, COURT STAFF) (Entered: 10/09/2003)

Oct. 8, 2003

Oct. 8, 2003

35

CLERK'S NOTICE re: Failure to E−File Notice of Appearance and Proof of Service by U.S.Mail and/or Failure to Register as an E−Filer (ys, COURT STAFF) (Entered: 10/09/2003)

Oct. 9, 2003

Oct. 9, 2003

36

ORDER denying related case notice as to C−03−2660 SBA. Signed by Judge Illston on 10/16/03. (ts, COURT STAFF) Modified on 10/16/2003 (ts, COURT STAFF). (Entered: 10/16/2003)

Oct. 16, 2003

Oct. 16, 2003

37

NOTICE of Appearance Attorney Kay McKenzie Parker by Charles Anderson, Willie Bryant III, Alvin Buckman, Patricia Caldwell, Kevyn Cameron, John Conwell, Melanie Dennis, Lawrence Estrada, Rick Gonzales, Glenda Gray, Cynthia Guerrero, Bradford Hall, Janet Haynes, David Hernandez, Rachel Hutchins, Cynthia Jackson, Marial Lawson, Janice Lewis, Mariel Lawson Janice Lewis, Emory McClendon, Shirley McCray, Rodney Morton, Yvonne Murray, Lavaedra Newton, Mike O. Odigie, Rosa N. Olmos, Ernestine Owens, Peter Paris, Darryl Payton, Derrick Satchell, Mari Shaffer, Kelvin Smith Sr., Ken Stevenson, Shirley K. Steward, Shelia Tyler, Darnell Williams, Xsiomara Willis, Kimelia Wooten. (Attachments: # 1 Affidavit Proof of

Oct. 16, 2003

Oct. 16, 2003

39

NOTICE of Appearance Notice of Association of Counsel by Fedex Corporation, Fedex Express, Fedex Ground, Fedex Services. (Reis, David) (Entered: 10/23/2003)

Oct. 23, 2003

Oct. 23, 2003

40

Minute Entry: Motion Hearing held on 10/24/2003 before Illston. (Court Reporter J. Gonzales.) (ts, COURT STAFF) (Entered: 10/27/2003)

Oct. 27, 2003

Oct. 27, 2003

41

STIPULATION by Derrick Satchell. (Attachments: # 1 Exhibit A# 2 PROOF OF SERVICE BY ELECTRONIC FILING)(Hazam, Lexi) (Entered: 11/06/2003)

Nov. 6, 2003

Nov. 6, 2003

42

NOTICE of Appearance by Patricia Caldwell. (Burris, John) (Entered: 11/06/2003)

Nov. 6, 2003

Nov. 6, 2003

43

AMENDED COMPLAINT FOR VIOLATIONS OF TITLE VII OF THE CIVIL RIGHTS ACT OF 1964; 42 U.S.C. SECTION 1981; CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT against Fedex Express. Filed by Derrick Satchell. (Attachments: # 1 Exhibit Exhibits A − I# 2 PROOF OF SERVICE BY ELECTRONIC FILING)(Hazam, Lexi) (Entered: 11/12/2003)

Nov. 12, 2003

Nov. 12, 2003

44

ORDER consolidating case to C−03−2659 SI. Signed by Judge Illston on 11/12/03. (ts, COURT STAFF) (Entered: 11/13/2003)

Nov. 13, 2003

Nov. 13, 2003

45

REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Proof of Service)(Hazam, Lexi) (Filed on 12/2/2003) (Entered: 12/02/2003)

Dec. 2, 2003

Dec. 2, 2003

46

JOINT CASE MANAGEMENT STATEMENT filed by Derrick Satchell. (Attachments: # 1 [PROPOSED] CASE MANAGEMENT ORDER# 2 PROOF OF SERVICE BY ELECTRONIC FILING)(Hazam, Lexi) (Filed on 12/10/2003) (Entered: 12/10/2003)

Dec. 10, 2003

Dec. 10, 2003

47

Minute Entry: Initial Case Management Conference held on 12/19/2003 before Illston (Date Filed: 12/23/2003). Case continued to 2/4/05 @ @:30 p.m. for Further Case Management ConferenceCase continued to 1/14/05 @ 9:00 a.m. for Class Certification Motion() (ts, COURT STAFF) (Date Filed: 12/23/2003) (Entered: 12/23/2003)

Dec. 23, 2003

Dec. 23, 2003

Set Deadlines/Hearings: Further Case Management Conference set for 2/4/2005 02:30 PM. Motion Hearing for Class Certification set for 1/14/2005 09:00 AM. (ys, COURT STAFF) (Filed on 12/23/2003) (Entered: 12/24/2003)

Dec. 23, 2003

Dec. 23, 2003

48

ORDER extending time to respond to initial discovery demands. Signed by Judge Illston on 1/8/04. (ts, COURT STAFF) (Filed on 1/8/2004) (Entered: 01/08/2004)

Jan. 8, 2004

Jan. 8, 2004

49

CASE MANAGEMENT ORDER. Signed by Judge Illston on 1/8/04. (ts, COURT STAFF) (Filed on 1/9/2004) (Entered: 01/09/2004)

Jan. 9, 2004

Jan. 9, 2004

Set/Reset Deadlines: Motions for class certification due by 9/10/2004. (ys, COURT STAFF) (Filed on 1/9/2004) (Entered: 01/12/2004)

Jan. 9, 2004

Jan. 9, 2004

50

ORDER RELATING CASES 04−0098 AND 04−0099.. Signed by Judge Illston on 1/23/04. (ts, COURT STAFF) (Filed on 1/23/2004) (Entered: 01/23/2004)

Jan. 23, 2004

Jan. 23, 2004

51

Letter Brief filed by Patricia Caldwell. (Attachments: # 1 Exhibit)(Schneider, Todd) (Filed on 2/3/2004) (Entered: 02/03/2004)

Feb. 3, 2004

Feb. 3, 2004

52

Letter Brief/OBJECTIONS to re 51 by Feddex Ground Package System, Inc., Fedex Corporation, Fedex Express, Fedex Ground, Fedex Services. (Ortman, Francis) (Filed on 2/13/2004) Modified on 2/17/2004 (ys, COURT STAFF). (Entered: 02/13/2004)

Feb. 13, 2004

Feb. 13, 2004

53

Stipulation & ORDER Re: Dismissal of Daniel Sherman's Claims. Signed by Judge Illston on 3/18/04. (ts, COURT STAFF) (Filed on 3/19/2004) (Entered: 03/19/2004)

March 19, 2004

March 19, 2004

54

PROTECTIVE ORDER. Signed by Judge Illston on 7/15/04. (ts, COURT STAFF) (Filed on 7/15/2004) (Entered: 07/15/2004)

July 15, 2004

July 15, 2004

56

Letter from James M. Finberg. (Finberg, James) (Filed on 8/30/2004) (Entered: 08/30/2004)

Aug. 30, 2004

Aug. 30, 2004

57

ORDER denying plaintiff's motion to compel discovery. Signed by Judge Illston on 8/31/04. (ts, COURT STAFF) (Filed on 8/31/2004) (Entered: 08/31/2004)

Aug. 31, 2004

Aug. 31, 2004

58

Letter Brief to Judge Illston filed by Derrick Satchell. (Finberg, James) (Filed on 9/3/2004) (Entered: 09/03/2004)

Sept. 3, 2004

Sept. 3, 2004

59

Letter dated 9/3/04 from James M. Finberg to the Court requesting reconsideration of August 31, 2004 order. (ys, COURT STAFF) (Filed on 9/7/2004) (Entered: 09/08/2004)

Sept. 7, 2004

Sept. 7, 2004

60

STIPULATION AND [PROPOSED] ORDER RE: INCREASING PAGE LIMITS FOR CLASS CERTIFICATION BRIEFS by Charles Anderson, Willie Bryant III, Alvin Buckman, Patricia Caldwell, Kevyn Cameron, John Conwell, Melanie Dennis, Lawrence Estrada, Rick Gonzales, Glenda Gray, Cynthia Guerrero, Bradford Hall, Janet Haynes, David Hernandez, Rachel Hutchins, Cynthia Jackson, Marial Lawson, Janice Lewis, Mariel Lawson Janice Lewis, Emory McClendon, Shirley McCray, Rodney Morton, Yvonne Murray, Lavaedra Newton, Mike O. Odigie, Rosa N. Olmos, Ernestine Owens, Peter Paris, Darryl Payton, Derrick Satchell, Mari Shaffer, Kelvin Smith Sr., Ken Stevenson, Shirley K. Steward, Shelia Tyler, Darnell Williams, Xsiomara Willis, Kimelia Wooten. (Finberg, James) (Filed on 9/8/2004) (Entered: 09/08/2004)

Sept. 8, 2004

Sept. 8, 2004

61

MOTION to Certify Class (NOTICE OF MOTION, MOTION, AND MEMORANDUM IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION) filed by Derrick Satchell. Motion Hearing set for 1/14/2005 09:00 AM. (Attachments: # 1 DECLARATIONS OF PROPOSED CLASS REPRESENTATIVES IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION# 2 DECLARATIONS OF CLASS MEMBERS IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION# 3 DECLARATIONS OF PROPOSED CLASS COUNSEL IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION)(Keitner, Chimene) (Filed on 9/11/2004) (Entered: 09/11/2004)

Sept. 11, 2004

Sept. 11, 2004

Clearinghouse
62

EXHIBITS TO 61 MOTION to Certify Class (NOTICE OF MOTION, MOTION, AND MEMORANDUM IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION) filed by Derrick Satchell. Motion Hearing set for 1/14/2005 09:00 AM. (Attachments: # 1 DECLARATION OF CHIMENE I. KEITNER IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION VOLUME I OF VIII (EXHIBITS 1−6)# 2 DECLARATION OF CHIMENE I. KEITNER IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION VOL. II OF VIII (EXHIBITS 7−15)# 3 DECLARATION OF CHIMENE I. KEITNER IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION VOL. III OF VIII (EXHIBITS 16−21))(Keitner, Chimene) (Filed on 9/11/2004) Modified on 9/13/2004 (ys, COURT STAFF). (Entered: 09/11/2004)

Sept. 11, 2004

Sept. 11, 2004

63

EXHIBITS TO 61 MOTION to Certify Class (NOTICE OF MOTION, MOTION, AND MEMORANDUM IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIIFCATION) filed by Derrick Satchell. Motion Hearing set for 1/14/2005 09:00 AM. (Attachments: # 1 DECLARATION OF CHIMENE I. KEITNER IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION VOL. IV OF VIII (EXHIBITS 22−26)# 2 DECLARATION OF CHIMENE I. KEITNER IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION VOL. V OF VIII (EXHIBITS 27−40))(Keitner, Chimene) (Filed on 9/11/2004) Modified on 9/13/2004 (ys, COURT STAFF). (Entered: 09/11/2004)

Sept. 11, 2004

Sept. 11, 2004

64

EXHIBITS TO 61 MOTION to Certify Class (NOTICE OF MOTION, MOTION, AND MEMORANDUM IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION) filed by Derrick Satchell. Motion Hearing set for 1/14/2005 09:00 AM. (Attachments: # 1 DECLARATION OF CHIMENE I. KEITNER IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION VOL. VI OF VIII (EXHIBITS 41−51)# 2 DECLARATION OF CHIMENE I. KEITNER IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION VOL. VII OF VIII (EXHIBITS 52−53)# 3 DECLARATION OF CHIMENE I. KEITNER IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION VOL. VIII OF VIII (EXHIBITS 54−55))(Keitner, Chimene) (Filed on 9/11/2004) Modified on 9/13/2004 (ys, COURT STAFF). (Entered: 09/11/2004)

Sept. 11, 2004

Sept. 11, 2004

65

EXHIBITS TO 61 MOTION to Certify Class (NOTICE OF MOTION, MOTION, AND MEMORANDUM IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION) filed by Derrick Satchell. Motion Hearing set for 1/14/2005 09:00 AM. (Attachments: # 1 DECLARATION OF NIREJ S. SEKHON IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION# 2 Proposed Order STIPULATION AND PROPOSED ORDER TO FILE UNDER SEAL# 3 NOTICE REGARDING EXHIBIT ATTACHMENT# 4 PROOF OF SERVICE BY HAND DELIVERY AND U.S. MAIL)(Keitner, Chimene) (Filed on 9/11/2004) Modified on 9/13/2004 (ys, COURT STAFF). (Entered: 09/11/2004)

Sept. 11, 2004

Sept. 11, 2004

66

EXHIBITS TO 61 MOTION to Certify Class (NOTICE OF MOTION, MOTION, AND MEMORANDUM IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION) filed by Derrick Satchell. Motion Hearing set for 1/14/2005 09:00 AM. (Attachments: # 1 STATISTICAL ANALYSIS OF RACE AND ETHNIC PATTERNS IN FEDERAL EXPRESS WORKFORCE BY RICHARD DROGIN, PHD# 2 Appendix APPENDIX 1 TO THE STATISTICAL ANALYSIS OF RACE AND ETHNIC PATTERNS IN FEDERAL EXPRESS WORKFORCE BY RICHARD DROGIN, PHD# 3 EXPERT REPORT OF WILLIAM T. BIELBY)(Keitner, Chimene) (Filed on 9/11/2004) Modified on 9/13/2004 (ys, COURT STAFF). (Entered: 09/11/2004)

Sept. 11, 2004

Sept. 11, 2004

67

EXHIBITS TI 61 MOTION to Certify Class (NOTICE OF MOTION, MOTION, AND MEMORANDUM IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION) filed by Derrick Satchell. Motion Hearing set for 1/14/2005 09:00 AM. (Attachments: # 1 REPORT ON THE BASIC SKILLS TESTS AND THEIR USE BY FEDERAL EXPRESS BY NITA R FRENCH, PHD# 2 Proposed Order PROPOSED ORDER GRANTING PLAINTIFFS MOTION FOR CLASS CERTIFICATION# 3 PROOF OF SERVICE BY ELECTRONIC FILING)(Keitner, Chimene) (Filed on 9/11/2004) Modified on 9/13/2004 (ys, COURT STAFF). (Entered: 09/11/2004)

Sept. 11, 2004

Sept. 11, 2004

68

Declaration of Proposed Class Representatives in Support of 61 [Corrected Att. 1] filed by Derrick Satchell. (Attachments: # 1 Proof of Electronic Service)(Related document(s) 61 ) (Finberg, James) (Filed on 9/13/2004) (Entered: 09/13/2004)

Sept. 13, 2004

Sept. 13, 2004

69

NOTICE by Derrick Satchell OF ENTRY OF ORDER TO FILE UNDER SEAL (Attachments: # 1 Stipulation and Proposed Order# 2 Proof of Service)(Finberg, James) (Filed on 9/20/2004) (Entered: 09/20/2004)

Sept. 20, 2004

Sept. 20, 2004

70

STIPULATION AND ORDER RE LENGTH OF OPPOSITION AND REPLY BRIEFS ON PLAINTIFFS' MOTION FOR CLASS CERTIFICATION by Rick Gonzales, Cynthia Guerrero, Rachel Hutchins, Derrick Satchell, Ken Stevenson. (Keitner, Chimene) (Filed on 11/12/2004) (Entered: 11/12/2004)

Nov. 12, 2004

Nov. 12, 2004

71

Letter from James M. Finberg. (Finberg, James) (Filed on 11/15/2004) (Entered: 11/15/2004)

Nov. 15, 2004

Nov. 15, 2004

72

Reply Memorandum [of Plaintiffs] in Support of 61 Plaintiffs' Motion for Class Certification filed byDerrick Satchell. (Keitner, Chimene) (Filed on 12/17/2004) Modified on 12/20/2004 (ys, COURT STAFF). (Entered: 12/17/2004)

Dec. 17, 2004

Dec. 17, 2004

73

Reply Declaration of Chimene I. Keitner in Support of Plaintiffs' Motion for Class Certification] filed byDerrick Satchell. (Attachments: # 1 Exhibit 01# 2 Exhibit 02# 3 Exhibit 03# 4 Exhibit 04# 5 Exhibit 05# 6 Exhibit 06# 7 Exhibit 07# 8 Exhibit 08# 9 Exhibit 09# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16# 17 Exhibit 17# 18 Exhibit 18# 19 Exhibit 19# 20 Exhibit 20# 21 Exhibit 21# 22 Exhibit 22# 23 Exhibit 23# 24 Exhibit 24# 25 Exhibit 25# 26 Exhibit 26)(Related document(s) 72 ) (Keitner, Chimene) (Filed on 12/17/2004) Modified on 12/20/2004 (ys, COURT STAFF). (Entered: 12/17/2004)

Dec. 17, 2004

Dec. 17, 2004

74

Dr. RIchard Drogin Reply Declaration to Declaration of Dr. Mary Baker] filed byDerrick Satchell. (Attachments: # 1 Appendix)(Related document(s) 72 ) (Keitner, Chimene) (Filed on 12/17/2004) Modified on 12/20/2004 (ys, COURT STAFF). (Entered: 12/17/2004)

Dec. 17, 2004

Dec. 17, 2004

75

Response to Declarations of Dr. Jerilyn Hayward and Ms. Jan Duffy by Nita R. French, Ph.D.] filed byDerrick Satchell. (Related document(s) 72 ) (Keitner, Chimene) (Filed on 12/17/2004) Modified on 12/20/2004 (ys, COURT STAFF). (Entered: 12/17/2004)

Dec. 17, 2004

Dec. 17, 2004

76

The Expected Representation of Race/Ethnic Minorities when Selected Vacancies are Filled at FedEx Express: A Labor Economics Perspective by Marc Bendick, Jr., Ph.D.] filed byDerrick Satchell. (Attachments: # 1 Appendix A# 2 Appendix B# 3 Appendix C)(Related document(s) 72 ) (Keitner, Chimene) (Filed on 12/17/2004) Modified on 12/20/2004 (ys, COURT STAFF). (Entered: 12/17/2004)

Dec. 17, 2004

Dec. 17, 2004

77

Minute Entry: Motion Hearing held on 1/14/2005 before Illston (Date Filed: 1/19/2005). (Court Reporter Skillman.) (ts, COURT STAFF) (Date Filed: 1/19/2005) (Entered: 01/19/2005)

Jan. 19, 2005

Jan. 19, 2005

78

JOINT CASE MANAGEMENT STATEMENT filed by Derrick Satchell. (Finberg, James) (Filed on 1/26/2005) (Entered: 01/26/2005)

Jan. 26, 2005

Jan. 26, 2005

79

STIPULATION re 49 Order (Stipulation and [Proposed] Order re: Continuation of Case Management Conference) by Derrick Satchell. (Keitner, Chimene) (Filed on 2/4/2005) (Entered: 02/04/2005)

Feb. 4, 2005

Feb. 4, 2005

80

STIPULATION AND ORDER continuing case management. Signed by Judge Illston on 2/7/05. (ts, COURT STAFF) (Filed on 2/8/2005) (Entered: 02/08/2005)

Feb. 8, 2005

Feb. 8, 2005

Set Deadlines/Hearings: Case Management Conference set for 3/25/2005 02:30 PM. (ys, COURT STAFF) (Filed on 2/8/2005) (Entered: 02/09/2005)

Feb. 8, 2005

Feb. 8, 2005

81

JOINT CASE MANAGEMENT STATEMENT filed by Derrick Satchell. (Finberg, James) (Filed on 3/14/2005) (Entered: 03/14/2005)

March 14, 2005

March 14, 2005

82

NOTICE of Change of Address by Kay McKenzie Parker Attorney for Plaintiffs (Parker, Kay) (Filed on 5/17/2005) (Entered: 05/17/2005)

May 17, 2005

May 17, 2005

83

JOINT CASE MANAGEMENT STATEMENT filed by Derrick Satchell. (Finberg, James) (Filed on 5/23/2005) (Entered: 05/23/2005)

May 23, 2005

May 23, 2005

84

Minute Entry: Further Case Management Conference held on 6/3/2005 before Illston (Date Filed: 6/7/2005). Case continued to 8/19/05 @ 2:30 P.M. further Case Management Conference () (ts, COURT STAFF) (Date Filed: 6/7/2005) (Entered: 06/07/2005)

June 7, 2005

June 7, 2005

85

JOINT CASE MANAGEMENT STATEMENT filed by Derrick Satchell. (Keitner, Chimene) (Filed on 8/8/2005) (Entered: 08/08/2005)

Aug. 8, 2005

Aug. 8, 2005

86

ORDER re: extension of time (ts, COURT STAFF) (Filed on 9/16/2005)

Sept. 16, 2005

Sept. 16, 2005

RECAP
87

ORDER re: plaintiffs' motion for class certification by Judge Illston (ts, COURT STAFF) (Filed on 9/28/2005)

Sept. 28, 2005

Sept. 28, 2005

RECAP
88

ORDER denying defendant's motions for summary judgment without prejudice to renewal after production of discovery. Signed by Judge Illston on 9/28/05. (ts, COURT STAFF) (Filed on 9/28/2005)

Sept. 28, 2005

Sept. 28, 2005

RECAP
89

Letter from Waukeen McCOy,Esq.. (McCoy, Waukeen) (Filed on 9/28/2005) (Entered: 09/28/2005)

Sept. 28, 2005

Sept. 28, 2005

Set Deadlines/Hearings: Further Case Management Conference set for 11/18/2005 02:30 PM. (ys, COURT STAFF) (Filed on 9/28/2005) (Entered: 09/29/2005)

Sept. 28, 2005

Sept. 28, 2005

90

ORDER amended class certification order to appoint additional class counsel. Signed by Judge Illston on 10/7/05. (tsS, COURT STAFF) (Filed on 10/7/2005)

Oct. 7, 2005

Oct. 7, 2005

RECAP
91

AMENDED COMPLAINT SECOND CONSOLIDATED AMENDED COMPLAINT FOR VIOLATIONS OF TITLE VII OF THE CIVIL RIGHTS ACT OF 1964; 42 U.S.C. section 1981; CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT against all defendants. Filed byDerrick Satchell. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I)(Finberg, James) (Filed on 10/12/2005) (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

Clearinghouse
92

STIPULATION AND [PROPOSED] ORDER RE: HEARING ON DEFENDANT?S MOTION TO STAY PROCEEDINGS by Derrick Satchell. (Keitner, Chimene) (Filed on 10/26/2005) (Entered: 10/26/2005)

Oct. 26, 2005

Oct. 26, 2005

93

[Plaintiffs' Opposition to Defendant's Motion to Stay Proceedings] filed byDerrick Satchell. (Attachments: # 1 Exhibit # 2 Exhibit)(Finberg, James) (Filed on 10/28/2005) Modified on 10/31/2005 (ys, COURT STAFF). (Entered: 10/28/2005)

Oct. 28, 2005

Oct. 28, 2005

94

ORDER advancing motion to 11/18/05 @ 2:30 p.m.. Signed by Judge Illston on 10/31/05. (ts, COURT STAFF) (Filed on 10/31/2005)

Oct. 31, 2005

Oct. 31, 2005

RECAP
95

Proposed Order And Joint Statement Re Class Notice by Derrick Satchell. (Attachments: # 1 Exhibit A)(Keitner, Chimene) (Filed on 10/31/2005) (Entered: 10/31/2005)

Oct. 31, 2005

Oct. 31, 2005

96

JOINT CASE MANAGEMENT STATEMENT filed by Derrick Satchell. (Keitner, Chimene) (Filed on 11/1/2005) (Entered: 11/01/2005)

Nov. 1, 2005

Nov. 1, 2005

97

Letter from Guy B. Wallace. (Wallace, Guy) (Filed on 11/7/2005) (Entered: 11/07/2005)

Nov. 7, 2005

Nov. 7, 2005

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Multi-LexSum (in sample)

Key Dates

Filing Date: June 19, 2003

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Minority employees and minority lower-level managers

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

FedEx Corp., Private Entity/Person

Defendant Type(s):

Transportation

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 38.5 million plus

Order Duration: 2007 - 2011

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Utilize objective hiring/promotion criteria

Follow recruitment, hiring, or promotion protocols

Comply with advertising/recruiting requirements

Other requirements regarding hiring, promotion, retention

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Monitor/Master

Recordkeeping

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Discipline

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Pay / Benefits

Promotion

Training

Discrimination-basis:

Race discrimination

Race:

American Indian/Alaskan Native

Asian/Pacific Islander

Black

Affected Sex or Gender:

Female

Male