Case: Bert v. AK Steel Corp.

1:02-cv-00467 | U.S. District Court for the Southern District of Ohio

Filed Date: June 26, 2002

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On January 19, 2005, the plaintiffs, African American men and women, filed a lawsuit pursuant to the Civil Rights Act of 1866, 42 U.S.C. § 1981 and Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000(e)-5(f), et seq. against AK Steel Corporation in United States District Court for the Southern District of Ohio, Western Division. The plaintiffs, represented by private counsel, sought class certification, a permanent injunction against AK Steel, an order requiring the initiation and implemen…

On January 19, 2005, the plaintiffs, African American men and women, filed a lawsuit pursuant to the Civil Rights Act of 1866, 42 U.S.C. § 1981 and Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000(e)-5(f), et seq. against AK Steel Corporation in United States District Court for the Southern District of Ohio, Western Division. The plaintiffs, represented by private counsel, sought class certification, a permanent injunction against AK Steel, an order requiring the initiation and implementation of programs that provide equal employment opportunities for African-American employees and applicants, will remedy the effects of AK Steel's past and present unlawful employment policies, practices and procedures, and will eliminate the continuing effects of the discriminatory and retaliatory practices described above, will create a task force to ensure fairness and equality, and will restore the jobs the Plaintiffs would have received if not for AK's policies.

Plaintiffs also sought a readjustment of wage rates and benefits, back pay, front pay, lost benefits, restoration of seniority, damages, lost benefits, preferential rights to jobs, nominal, compensatory, and punitive damages to one individual, and an award of litigation costs and expenses, including reasonable attorneys' fees. Specifically, the plaintiff contended that AK Steel has discriminated against them by denying them the right to work in a racially integrated environment free from discrimination and the enjoyment of those benefits, privileges, and terms.

On October 12, 2007, the court dismissed the disparate treatment claims of three individual plaintiffs and granted summary judgment. On November 20, 2007, the Court granted the Defendant's Motion to dismiss the claims of two addditional individual plaintiffs.

On April 9, 2008, the United States District Court for the Southern District of Ohio, Western Division (Judge Sandra Beckwith) granted Defendant's motion for summary judgment on the disparate treatment claims of four other individual plaintiffs and dismissed those claims with prejudice.

Six plaintiffs remained with viable claims.

On July 2, 2008 the parties submitted a joint motion for preliminary approval of a class action settlement.

On October 23, 2008, the United States District Court for the Southern District of Ohio, Western Division (Judge Beckwih) approved the settlement agreement. The terms of the settlement identified two classes: 1) All unsuccessful African-American applicants who took AK Steel's Screening Employment Test in Middletown after September 12, 2001; and 2) All unsuccessful African-American applicants who took AK Steel's Screening Employment Test in Ashland after August 12, 2001. The plaintiff class was awarded $3,400 per member, which totaled $469,200 for all 138 members. Additionally, each class representative was awarded $10,000 for their contributions to the class. Finally, the agreement called for the defendant to pay $750,000 in attorney fees totaling their payment to $1,279,200.

Summary Authors

David Miller (9/11/2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4723132/parties/bert-v-ak-steel-corporation/


Judge(s)

Beckwith, Sandra Shank (Ohio)

Attorneys(s) for Plaintiff

Childs, Robert F. Jr. (Alabama)

Donahue, Susan Gale (Alabama)

Frederick, Barry (Alabama)

Johnson, Herman N. Jr. (Alabama)

Kammer, David (Ohio)

Morris, Grant E. (District of Columbia)

Tobias, Paul Henry (Ohio)

Attorneys(s) for Defendant

Barty, Lawrence (Ohio)

Horn, David C. (Ohio)

Judge(s)

Beckwith, Sandra Shank (Ohio)

Attorneys(s) for Plaintiff

Childs, Robert F. Jr. (Alabama)

Donahue, Susan Gale (Alabama)

Frederick, Barry (Alabama)

Johnson, Herman N. Jr. (Alabama)

Kammer, David (Ohio)

Morris, Grant E. (District of Columbia)

Tobias, Paul Henry (Ohio)

Attorneys(s) for Defendant

Barty, Lawrence (Ohio)

Horn, David C. (Ohio)

Pryor, Patricia (Ohio)

Rogers, Gregory Parker (Ohio)

Weber, Roger A. (Ohio)

Expert/Monitor/Master

Lowell, Allison (Alabama)

Sanford, David W. (District of Columbia)

Documents in the Clearinghouse

Document

1:02-cv-00467

Docket

Bert v. AK Steel

June 24, 2009

June 24, 2009

Docket
45

1:02-cv-00467

Second Amended Complaint

Bert v. AK Steel Corporation

Jan. 19, 2005

Jan. 19, 2005

Complaint
79

1:02-cv-00467

Order

Bert v. AK Steel

2006 WL 1071872

April 24, 2006

April 24, 2006

Order/Opinion
80

1:02-cv-00467

Order [Denying Motion for Summary Judgment]

Bert v. AK Steel

2006 WL 1308215

May 11, 2006

May 11, 2006

Order/Opinion
96

1:02-cv-00467

Order [Certifying Two Subclasses]

Bert v. AK Steel

2007 WL 184746

Jan. 19, 2007

Jan. 19, 2007

Order/Opinion
129

1:02-cv-00467

Order

Bert v. AK Steel Corporation

2007 WL 3005910

Oct. 12, 2007

Oct. 12, 2007

Order/Opinion
134

1:02-cv-00467

Order

Bert v. AK Steel Corporation

Nov. 20, 2007

Nov. 20, 2007

Order/Opinion
177

1:02-cv-00467

Order

Bert v. AK Steel Corporation

2008 WL 1696945

April 9, 2008

April 9, 2008

Order/Opinion
187

1:02-cv-00467

Order [Granting Motion for Summary Judgment]

Bert v. AK Steel

2008 WL 2002848

May 7, 2008

May 7, 2008

Order/Opinion
188

1:02-cv-00467

Joint Motion for Preliminary Approval of Class Action Settlement Agreement

Bert v. AK Steel

July 2, 2008

July 2, 2008

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4723132/bert-v-ak-steel-corporation/

Last updated June 2, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT & JURY DEMAND (Summonses issued) ( no. pgs: 35) (ph) (Entered: 06/28/2002)

June 26, 2002

June 26, 2002

PACER

Filing Fee Paid: on 6/26/02 in the amount of $ 150.00, receipt # 100 415410. (ph)

June 26, 2002

June 26, 2002

PACER
2

ORDER by Judge Herman J. Weber Case reassigned to Clerk's Office for reassignment (cc: all counsel) ( no pgs: 1) (ph) (Entered: 07/08/2002)

July 8, 2002

July 8, 2002

PACER
3

ORDER/NOTICE by Clerk's Office Case reassigned to Judge Susan J. Dlott (cc: all counsel) ( no pgs: 1) (ph) (Entered: 07/08/2002)

July 8, 2002

July 8, 2002

PACER
4

RETURN OF SERVICE executed upon defendant AK Steel Corporation on 10/10/02; served by personal server ( no pgs: 1) (vp) (Entered: 10/15/2002)

Oct. 11, 2002

Oct. 11, 2002

PACER
5

STIPULATION by parties that deft has until 11/12/02 to respond to complaint [1-1] ( no pgs: 1) (vp) (Entered: 10/21/2002)

Oct. 18, 2002

Oct. 18, 2002

PACER
6

ORDER by Judge Susan J. Dlott Case reassigned to clerks office for reassignment (cc: all counsel) ( no pgs: 1) (vp) (Entered: 10/31/2002)

Oct. 31, 2002

Oct. 31, 2002

PACER
7

NOTICE by Operations Supervisor reassigning case to Judge Sandra S Beckwith ( no pgs: 1) (tt) (Entered: 11/04/2002)

Nov. 4, 2002

Nov. 4, 2002

PACER
8

ORDER by Judge Sandra S. Beckwith Case referred to Mag. Judge Timothy S. Hogan (cc: all counsel) ( no pgs: 2) (tt) (Entered: 11/04/2002)

Nov. 4, 2002

Nov. 4, 2002

PACER
9

ANSWER by defendant ; No jury demand ( no pgs: 15) (tt) (Entered: 11/13/2002)

Nov. 12, 2002

Nov. 12, 2002

PACER
10

MOTION by defendant to dismiss Title VII Claims of the Middletown plaintiffs for failure to state a claim upon which relief may be granted, and for summary judgment on Roderique Russell's Title VII Claims based on his EEOC charge no. 221A00326 against it ( no pgs: 6+Exhs) (tt) (Entered: 11/15/2002)

Nov. 15, 2002

Nov. 15, 2002

PACER
11

NOTICE by Clerk setting this action for Preliminary PTC at 11:00 on 1/6/03 before MJ Timothy S Hogan in Room 706 (no pgs: 1+) (cc: all counsel) (tt) (Entered: 11/19/2002)

Nov. 19, 2002

Nov. 19, 2002

PACER
12

MEMORANDUM by plaintiffs in opposition to defendants motion to dismiss Title VII Claims of the Middletown plaintiffs for failure to state a claim upon which relief may be granted [10-1], and for summary judgment on Roderique Russell's Title VII Claims based upon his EEOC charge no. 221A00326 against it [10-2] ( no pgs: 11+Exhs) (tt) (Entered: 12/10/2002)

Dec. 9, 2002

Dec. 9, 2002

PACER
13

REPLY by defendant to response to motion by defendant to dismiss Title VII Claims of the Middletown plaintiffs for failure to state a claim upon which relief may be granted [10-1], motion for summary judgment on Roderique Russell's Title VII Claims based on his EEOC charge no. 221A00326 against it [10-2] ( no pgs: 5) (mb) Modified on 08/12/2003 (Entered: 12/20/2002)

Dec. 19, 2002

Dec. 19, 2002

PACER
14

Rule 26(f) Report of parties to Magistrate Judge filed by plaintiffs and defendant ( no pgs: 4) (tt) (Entered: 01/06/2003)

Dec. 31, 2002

Dec. 31, 2002

PACER
15

CALENDAR ORDER by Mag. Judge Timothy S. Hogan ; Motion for leave to amend Complaint due by 5/1/03, and ; Class discovery ddl set for 12/1/03 ; Parties have a half day for Rule 30(b)(1) depositions of named pltfs witnesses ; Interrogs consist of 15 for each pltf and 25 for deft ; Pltf to identify primary experts by 1/5/04 ; Deft to identify primary rebuttal experts by 3/5/04 ; Pltf to produce rebuttal primary reports by 5/5/04 ; Pltf to move for class certification by 9/6/04 (cc: all counsel) ( no pgs: 1) (tt) (Entered: 01/13/2003)

Jan. 13, 2003

Jan. 13, 2003

PACER
16

MOTION by plaintiffs for leave to file Amended Complaint ; Proposed Amended Complaint attached ( no pgs: 10+) (tt) (Entered: 05/02/2003)

May 1, 2003

May 1, 2003

PACER
17

RESPONSE by defendant to motion by plaintiffs for leave to file Amended Complaint [16-1] ; Defendant does not oppose the motion ; Defendant renews its motion to dismiss and for summary judgment [Doc. 12] with respect to the Amended Complaint and requests dismissal of the Title VII claims of the Middletown plaintiffs and summary judgment on Roderique Russell's Title VII claims for reasons stated previously (no pgs: 3) (tt) Modified on 08/12/2003 (Entered: 05/14/2003)

May 13, 2003

May 13, 2003

PACER
18

Joint MOTION for Extension of Time to Complete Discovery and Extension of Pre-trial Dates Set Forth in the Court's Calendar Order by Plaintiffs Vivian Bert, Thaddeus Freeman, Darrell Carter, Edward James Lewis, Timothy Oliphant, Mary - Harris, Roderique Russel, Kay Jackson, Marnie Carter, Darlene Denise Carter, Dwight - Lewis, Michael Miller, Ronald Sloan, Donald NMI Edwards, Shawn Pryor, Tiffany Jackson, Allen Roberts, Defendant AK Steel Corporation. (Pryor, Patricia) Modified on 11/12/2003 to reflect previous motion was removed and refiled on the docket (tt, ) (Entered: 11/12/2003)

Nov. 12, 2003

Nov. 12, 2003

PACER
19

MOTION for attorney David W Sanford to Appear pro hac vice on behalf of Plaintiffs (Attachments: # 1 Certificate Of Good Standing # 2 Receipt #420879 in the amount of $50.00 for payment of application fee)(tt, ) Additional attachment # 2 Updated Certificate Of Good Standing added on 12/10/2003 (tt, ) (Entered: 11/14/2003)

1 Certificate Of Good Standing

View on PACER

2 Receipt #420879 in the amount of $50.00 for payment of application fe

View on PACER

Nov. 13, 2003

Nov. 13, 2003

PACER
20

ORDER granting 18 Motion for Extension of Time to Complete Discovery; Discovery deadline 3/1/2004; Plaintiff to move for class certification by 12/5/2004. Signed by Judge Timothy S Hogan on 11/18/2003. (ba, ) (Entered: 11/18/2003)

Nov. 18, 2003

Nov. 18, 2003

PACER

Set/Reset Deadlines: Discovery due by 3/1/2004. (ba, )

Nov. 18, 2003

Nov. 18, 2003

PACER
21

ORDER granting plaintiff's 16 Motion for Leave to File an Amended Complaint Signed by Judge Timothy S Hogan on 11/25/2003. Plaintiff's amended complaint attached to document# 16 shall be deemed filed as of the date of this Order. (art, ) (Entered: 11/28/2003)

Nov. 28, 2003

Nov. 28, 2003

PACER
22

AMENDED COMPLAINT filed by plaintiffs pursuant to document# 21.(art, ) (Entered: 11/28/2003)

Nov. 28, 2003

Nov. 28, 2003

PACER
23

ANSWER to Amended Complaint by Defendant AK Steel Corporation.(Rogers, Gregory) (Entered: 12/09/2003)

Dec. 9, 2003

Dec. 9, 2003

PACER
24

MOTION to Dismiss the Title VII Claims of the Middletown Plaintiffs and Motion for Summary Judgment on Roderique Russell's Title VII Claims by Defendant AK Steel Corporation. Responses due by 1/2/2004 (Rogers, Gregory) (Entered: 12/09/2003)

Dec. 9, 2003

Dec. 9, 2003

PACER
25

ORDER granting 19 Motion for David W. Sanford for Leave to Appear Pro Hac Vice as co-counsel for pltfs. Signed by Judge Sandra S Beckwith on 12/11/03. (mb) (Entered: 12/11/2003)

Dec. 11, 2003

Dec. 11, 2003

PACER
26

ORDER denying 10 Motion to Dismiss, denying 10 Motion for Summary Judgment. Signed by Judge Sandra S Beckwith on 1/21/04. (mb) (Entered: 01/22/2004)

Jan. 22, 2004

Jan. 22, 2004

PACER
27

MOTION for Attorney Susan Donahue to Appear pro hac vice on behalf of plaintiffs (Attachments: # 1 Certificate Of Good Standing # 2 Receipt #421676 for $50.00)(tt, ) (Entered: 01/23/2004)

1 Certificate Of Good Standing

View on PACER

2 Receipt #421676 for $50.00

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Jan. 22, 2004

Jan. 22, 2004

PACER
28

ORDER granting 27 Motion for Leave for atty. Susan G. Donahue to Appear Pro Hac Vice as co-counsel for pltfs. Signed by Judge Sandra S Beckwith on 1/26/04. (mb) (Entered: 01/26/2004)

Jan. 26, 2004

Jan. 26, 2004

PACER
29

MOTION for Reconsideration of January 21, 2004 Order (Doc. 26) by Plaintiffs (Attachments: # 1 Memorandum in Support of Motion# 2 Exhibit EEOC Right-to-Sue Notices)(Tobias, Paul) Modified on 2/9/2004 (tt, ). Modified on 11/15/2004 (tt, ). (Entered: 02/04/2004)

1 Memorandum in Support of Motion

View on PACER

2 Exhibit EEOC Right-to-Sue Notices

View on PACER

Feb. 4, 2004

Feb. 4, 2004

PACER
30

MOTION to Amend/Correct 22 Amended Complaint by Plaintiffs Vivian Bert, Thaddeus Freeman, Darrell Carter, Edward James Lewis, Timothy Oliphant, Mary - Harris, Roderique Russel, Kay Jackson, Marnie Carter, Darlene Denise Carter, Dwight - Lewis, Michael Miller, Ronald Sloan, Donald NMI Edwards, Shawn Pryor, Tiffany Jackson, Allen Roberts. (Attachments: # 1 Memorandum in Support of Motion# 2 Second Amended Complaint)(Tobias, Paul) (Entered: 02/04/2004)

1 Memorandum in Support of Motion

View on PACER

2 Proposed Second Amended Complaint

View on PACER

Feb. 4, 2004

Feb. 4, 2004

PACER
31

Joint MOTION for Extension of Time to Complete Discovery and Extend Expert Deadlines by Plaintiffs Vivian Bert, Thaddeus Freeman, Darrell Carter, Edward James Lewis, Timothy Oliphant, Mary - Harris, Roderique Russel, Kay Jackson, Marnie Carter, Darlene Denise Carter, Dwight - Lewis, Michael Miller, Ronald Sloan, Donald NMI Edwards, Shawn Pryor, Tiffany Jackson, Allen Roberts, Defendant AK Steel Corporation. (Rogers, Gregory) (Entered: 02/24/2004)

Feb. 24, 2004

Feb. 24, 2004

PACER
32

ORDER granting 31 Motion for Extension of Time to Complete Discovery . Signed by Judge Timothy S Hogan on 2/27/2004. (ba, ) (Entered: 02/27/2004)

Feb. 27, 2004

Feb. 27, 2004

PACER
33

ORDER finding as moot 29 Motion to Alter Judgment, granting 30 Motion to Amend/Correct. Signed by Judge Sandra S Beckwith on 4/8/04. (mb) (Entered: 04/08/2004)

April 8, 2004

April 8, 2004

PACER
34

ORDER withdrawing previous order regarding docs. 29 & 30 due to the Mag. Judge's granting an extension to 5/15/04 to respond to these motions. Signed by Judge Sandra S Beckwith on 4/8/04. (mb) (Entered: 04/12/2004)

April 12, 2004

April 12, 2004

PACER
35

RESPONSE in Opposition re 29 MOTION to Alter Judgment Order of January 21, 2004 (Doc. 26) filed by Defendant AK Steel Corporation. (Rogers, Gregory) (Entered: 05/17/2004)

May 17, 2004

May 17, 2004

PACER
36

RESPONSE in Opposition re 30 MOTION to Amend/Correct 22 Amended Complaint filed by Defendant AK Steel Corporation. (Attachments: # 1 EEOC Letter# 2 Unreported Opinion)(Rogers, Gregory) (Entered: 05/17/2004)

1 EEOC Letter

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2 Unreported Opinion

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May 17, 2004

May 17, 2004

PACER
37

REPLY to Response to 29 MOTION to Alter Judgment Order of January 21, 2004 (Doc. 26) filed by Plaintiffs (Tobias, Paul) Modified on 6/3/2004 (tt, ). (Entered: 06/01/2004)

June 1, 2004

June 1, 2004

PACER
38

REPLY to Response to 30 MOTION to Amend/Correct Complaint filed by Plaintiffs (Tobias, Paul) Modified on 6/3/2004 (tt, ). (Entered: 06/01/2004)

June 1, 2004

June 1, 2004

PACER
39

Joint MOTION for Extension of Time for Experts and Expert Reports ; New date requested 9/1/2004. by Plaintiffs and Defendant (Kammer, David) Modified on 7/6/2004 (tt, ). (Entered: 07/01/2004)

July 1, 2004

July 1, 2004

PACER
40

ORDER granting 39 Motion for Extension of Time for expert reports and discovery through and including 12/1/2004. Signed by Judge Timothy S Hogan on 7/7/2004. (ba, ) (Entered: 07/07/2004)

July 7, 2004

July 7, 2004

PACER
41

MOTION to Extend all Class Action Deadlines for completion of Discovery and Request for Ruling Regarding Motion for Reconsideration of January 21, 2004 Order and Motion to Amend/Correct Amended Complaint ; New date requested approximately 4/4/2005. This projeccted date is based upon the granting of Plaintiffs motions (Donahue, Susan) Modified on 11/30/2004 (tt, ). (Entered: 11/29/2004)

Nov. 29, 2004

Nov. 29, 2004

PACER
42

RESPONSE in Opposition re 41 MOTION for Extension of Time to Complete Discovery, for ruling regarding Motion for Reconsideration, and Motion to Amend/Correct Amended Complaint filed by Defendant (Attachments: # 1 Declaration of Gregory Parker Rogers)(Rogers, Gregory) Modified on 12/13/2004 (tt, ). (Entered: 12/08/2004)

1 Declaration of Gregory Parker Rogers

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Dec. 8, 2004

Dec. 8, 2004

PACER
43

REPLY to Response to 41 MOTION for Extension of Time to Complete Discovery, Request for Ruling Regarding Plaintiffs' Motion for Reconsideration of January 21, 2004 Order and Plaintiff's Motion to Amend/Correct Amended Complaint filed by Plaintiffs (Donahue, Susan) Modified on 12/20/2004 (tt, ). (Entered: 12/19/2004)

Dec. 19, 2004

Dec. 19, 2004

PACER
44

ORDER finding as moot 29 Motion to Alter Judgment, granting 30 Motion to Amend/Correct, granting 41 Motion for Extension of Time to Complete Discovery. Pltfs' expert reports due: 2/22/05; Defts' expert reports due 3/22/05; Pltfs' expert replies due 4/22/05; Class Discovery deadline: 5/23/05; Motion for class certification due 6/7/05. NO FURTHER EXTENSIONS WILL BE PERMITTED. Any motion to dismiss claims in the second amended complaint for failure to satisfy any of Title VII's conditions precedent shall be filed by 2/14/05. Signed by Judge Sandra S Beckwith on 1/4/05. (mb) (Entered: 01/04/2005)

Jan. 4, 2005

Jan. 4, 2005

PACER
45

SECOND AMENDED COMPLAINT With Jury Demand against all defendants filed by Plaintiffs (Tobias, Paul) Modified on 1/19/2005 (tt, ). (Entered: 01/19/2005)

Jan. 19, 2005

Jan. 19, 2005

RECAP
46

ANSWER to Second Amended Complaint by Defendant ; No jury demand (Rogers, Gregory) Modified on 1/20/2005 (tt, ). (Entered: 01/19/2005)

Jan. 19, 2005

Jan. 19, 2005

PACER
47

MOTION for Summary Judgment on Counts III and IV of Second Amended Complaint by Defendant ; Responses due by 2/14/2005 (Rogers, Gregory) Modified on 1/24/2005 (tt, ). (Entered: 01/21/2005)

Jan. 21, 2005

Jan. 21, 2005

PACER
48

MOTION for attorney Herman N Johnson, Jr. to Appear pro hac vice on behalf of Plaintiffs (Attachments: # 1 Affidavit Of Herman N Johnson, Jr., Certificate Of Good Standing and Receipt)(tt, ) (Entered: 01/25/2005)

1 Affidavit Of Herman N Johnson, Jr., Certificate Of Good Standing and Receipt

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Jan. 21, 2005

Jan. 21, 2005

PACER

Filing fee: $ 50, receipt number 425462 received for payment of pro hac vice application fee (tt, )

Jan. 21, 2005

Jan. 21, 2005

PACER
49

ORDER granting 48 Motion for Leave for attorney Herman N. Johnson, Jr. to Appear Pro Hac Vice as co-counsel for pltfs. Signed by Judge Sandra S Beckwith on 1/26/05. (mb) (Entered: 01/26/2005)

Jan. 26, 2005

Jan. 26, 2005

PACER
50

MOTION for Allison W Lowell to Appear pro hac vice as co-counsel on behalf of the plaintiffs . (srj, ) Modified on 1/28/2005 (tt, ). Additional attachment # 1 Receipt added on 1/28/2005 (tt, ) (Entered: 01/27/2005)

1 Receipt

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Jan. 26, 2005

Jan. 26, 2005

PACER

Filing fee: $ 50.00, receipt number 425490 received for pro hac vice application fee for attorney Barry V Frederick (srj, ) Modified on 1/28/2005 (tt, ).

Jan. 26, 2005

Jan. 26, 2005

PACER
51

MOTION for Barry V Frederick Leave to Appear pro hac vice as co-counsel on behalf of the plaintiffs . (srj, ) Modified on 1/28/2005 (tt, ). Additional attachment # 1 Receipt added on 1/28/2005 (tt, ) (Entered: 01/27/2005)

1 Receipt

View on PACER

Jan. 26, 2005

Jan. 26, 2005

PACER

Filing fee: $ 50.00, receipt number 425489 received for pro hac vice application fee for attorney Allison W Lowell (srj, ) Modified on 1/28/2005 (tt, ).

Jan. 26, 2005

Jan. 26, 2005

PACER
52

ORDER granting [50 & 51] Pltfs' Motions for Leave for attorneys Allison Lowell & Barry Frederick to Appear Pro Hac Vice 51 as co-counsel. Signed by Judge Sandra S Beckwith on 1/28/05. (mb) (Entered: 01/28/2005)

Jan. 28, 2005

Jan. 28, 2005

PACER
53

MOTION for attorney Robert F childs, Jr., to Appear pro hac vice as co-counsel on behalf of Plaintiffs (Attachments: # 1 Certificate Of Good Standing and Receipt)(tt, ) (Entered: 02/01/2005)

1 Certificate Of Good Standing and Receipt

View on PACER

Jan. 31, 2005

Jan. 31, 2005

PACER

Filing fee: $ 50, receipt number 425539 received for payment of pro hac vice application fee (tt, )

Jan. 31, 2005

Jan. 31, 2005

PACER
54

ORDER granting 53 Pltfs' Motion for Leave for atty. Robert Childs to Appear Pro Hac Vice as co-counsel. Signed by Judge Sandra S Beckwith on 2/2/05. (mb) (Entered: 02/02/2005)

Feb. 2, 2005

Feb. 2, 2005

PACER
55

Unopposed MOTION for Extension of Time to respond to Defendant's Motion for Summary Judgment on Counts III and IV of the Second Amended Complaint ; New date requested 2/28/2005. by Plaintiffs (Donahue, Susan) Modified on 2/8/2005 (tt, ). (Entered: 02/04/2005)

Feb. 4, 2005

Feb. 4, 2005

PACER

NOTATION ORDER granting 55 Pltfs' Motion for Extension of Time to respond to deft's SJ motion until 2/28/05. Signed by Judge Sandra S Beckwith on 2/8/05. (mb)

Feb. 8, 2005

Feb. 8, 2005

PACER
56

Joint MOTION for Extension of Time To Exchange Expert Reports ; New date requested 3/1/2005. by the parties (Donahue, Susan) Modified on 2/14/2005 (tt, ). (Entered: 02/11/2005)

Feb. 11, 2005

Feb. 11, 2005

PACER
57

ORDER granting 56 Joint Motion for Extension of Time to exchange expert reports . Signed by Magistrate Judge Timothy S Hogan on 2/14/2005. Plaintiffs' expert reports deadline is March 1, 2005; Defendants' expert reports deadline is March 29, 2005; Plaintiffs' expert replies deadline is April 29, 2005. (art, ) (Entered: 02/15/2005)

Feb. 15, 2005

Feb. 15, 2005

PACER
58

NOTICE of Informal Discovery Conference before Magistrate Judge Timothy S Hogan via telephone set for 2/16/2005 02:00 PM. (art, ) (Entered: 02/16/2005)

Feb. 16, 2005

Feb. 16, 2005

PACER
59

Minute Entry: Case called this date for informal discovery conference via telephone before Magistrate Judge Timothy S Hogan. Parties directed to submit a one page brief re discovery dispute by 2/23/2005. Informal conference continued to 2/23/2005 at 2:00 pm via telephone before Magistrate Judge Timothy S Hogan. Discovery Conference held on 2/16/2005. (Court Reporter none present.) (art, ) (Entered: 02/16/2005)

Feb. 16, 2005

Feb. 16, 2005

PACER
60

NOTICE of continued Informal Discovery Conference on Wednesday, 2/23/2005 02:00 PM via telephone before Magistrate Judge Timothy S Hogan. (art, ) (Entered: 02/16/2005)

Feb. 16, 2005

Feb. 16, 2005

PACER
61

Minute Entry: Case called this date for an informal discovery conference (via telephone) before Magistrate Judge Timothy S Hogan. Discovery issue presented to the Court. Order of the Court to follow. Informal Discovery Conference held on 2/23/2005. (Court Reporter none present.) (art, ) (Entered: 02/24/2005)

Feb. 23, 2005

Feb. 23, 2005

PACER
62

RESPONSE in Opposition re 47 MOTION for Summary Judgment on Counts III and IV of Second Amended Complaint filed by Plaintiffs (Donahue, Susan) Modified on 3/1/2005 (tt, ). (Entered: 02/28/2005)

Feb. 28, 2005

Feb. 28, 2005

PACER
63

ORDER regarding the discovery requests made during the informal discovery conference 61 held on 2/23/2005 before Magistrate Judge Timothy S Hogan . Signed by Magistrate Judge Timothy S Hogan on 3/1/2005. (art, ) (Entered: 03/01/2005)

March 1, 2005

March 1, 2005

PACER
64

REPLY to Response to 47 MOTION for Summary Judgment on Counts III and IV of Second Amended Complaint filed by Defendant (Attachments: # 1 Declaration of Gregory Parker Rogers)(Rogers, Gregory) Modified on 3/15/2005 (tt, ). (Entered: 03/14/2005)

1 Declaration of Gregory Parker Rogers

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March 14, 2005

March 14, 2005

PACER
65

Joint MOTION for Extension of Deadlines ; New date requested 5/23/2005. by the parties (Rogers, Gregory) Modified on 3/28/2005 (tt, ). (Entered: 03/25/2005)

March 25, 2005

March 25, 2005

PACER
66

ORDER granting 65 Joint Motion for Extension of Time to Complete Discovery . Plaintiffs' amended expert report due 4/18/2005; Defendants' expert report due 5/18/2005; Plaintiffs' expert reply due 6/17/2005; Discovery deadline 8/1/2005; Motion for class certification due by 8/15/2005. Signed by Magistrate Judge Timothy S Hogan on 3/31/2005. (art, ) (Entered: 03/31/2005)

March 31, 2005

March 31, 2005

PACER
67

Joint MOTION to Stay Proceedings by Plaintiffs and Defendant (Rogers, Gregory) Modified on 8/13/2005 - To clarify docket text (tt, ). (Entered: 08/11/2005)

Aug. 11, 2005

Aug. 11, 2005

PACER

NOTATION ORDER granting 67 Joint Motion to Stay Case for sixty days. The parties are ORDERED to file a Joint Status Report by 9/12/05. Signed by Judge Sandra S Beckwith on 8/11/05. (mb)

Aug. 11, 2005

Aug. 11, 2005

PACER
68

JOINT STATUS REPORT by the parties ; Initial offers have been exchanged and discussions to continue over next few weeks (Rogers, Gregory) Modified on 9/13/2005 - To clarify docket text (tt, ). (Entered: 09/12/2005)

Sept. 12, 2005

Sept. 12, 2005

PACER
69

Joint MOTION by the Parties for Extension of Time ; New date requested 10/31/2005 and Joint MOTION for Leave to File 35 Page Principal Briefs on Issue of Whether to Class Certify (Rogers, Gregory) Modified on 10/14/2005 - To clarify docket text (tt, ). (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

PACER

NOTATION ORDER granting 69 Motion for Extension of Time, granting 69 Motion for Leave to File 35-page principal briefs on the issue of class cert. Pltf's motion for class cert. due by 10/31/05; Response due: 11/30/05; Reply due: 12/21/05. Signed by Judge Sandra S Beckwith on 10/17/05. (mb)

Oct. 17, 2005

Oct. 17, 2005

PACER
70

MOTION to Certify Class by Plaintiffs ; Responses due by 11/25/2005 (Johnson, Herman) Modified on 11/2/2005 - To clarify docket text (tt, ). (Entered: 10/31/2005)

Oct. 31, 2005

Oct. 31, 2005

PACER
71

BRIEF/Memorandum In Support of Motion to Certify Class 70 by Plaintiffs (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit 4 # 5 Exhibit 5 # 6 Exhibit 6 # 7 Exhibit 7 # 8 Exhibit 8 # 9 Exhibit 9 # 10 Exhibit 10 # 11 Exhibit 11 # 12 Exhibit 12 # 13 Exhibit 13)(Johnson, Herman) Modified on 11/2/2005 - To clarify docket text and link to motion (tt, ). (Entered: 10/31/2005)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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Oct. 31, 2005

Oct. 31, 2005

PACER
72

NOTICE OF FILING DEPOSITION of Susan R. Lester taken on 2/16/05 by Defendant AK Steel Corporation.(Pryor, Patricia) Modified to clarify docket text on 11/30/2005 (srj, ). (Entered: 11/30/2005)

Nov. 30, 2005

Nov. 30, 2005

PACER
73

RESPONSE in Opposition re 70 MOTION to Certify Class filed by Defendant AK Steel Corporation. (Attachments: # 1 Report of Dr. Mary Baker# 2 Appendices to Dr. Baker's Report# 3 Dr. Baker's Response to Dr. Bradley's Report# 4 Declaration of Phyllis A. Short# 5 Declaration of Gregory Parker Rogers)(Rogers, Gregory) (Entered: 11/30/2005)

1 Report of Dr. Mary Baker

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2 Appendices to Dr. Baker's Report

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3 Dr. Baker's Response to Dr. Bradley's Report

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4 Declaration of Phyllis A. Short

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5 Declaration of Gregory Parker Rogers

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Nov. 30, 2005

Nov. 30, 2005

PACER
74

Unopposed MOTION for Leave to File Excess Pages in Plaintiffs' Reply in Support of Motion for Class Certification by Plaintiffs Darlene Denise Carter, Dwight - Lewis, Michael Miller, Ronald Sloan, Donald NMI Edwards, Shawn Pryor, Tiffany Jackson, Allen Roberts, Vivian Bert, Thaddeus Freeman, Darrell Carter, Edward James Lewis, Timothy Oliphant, Mary - Harris, Roderique Russel, Kay Jackson, Marnie Carter. (Attachments: # 1 Text of Proposed Order)(Johnson, Herman) (Entered: 12/21/2005)

1 Text of Proposed Order

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Dec. 21, 2005

Dec. 21, 2005

PACER
75

REPLY to Response to Motion re 70 MOTION to Certify Class filed by Plaintiffs Darlene Denise Carter, Dwight - Lewis, Michael Miller, Ronald Sloan, Donald NMI Edwards, Shawn Pryor, Tiffany Jackson, Allen Roberts, Vivian Bert, Thaddeus Freeman, Darrell Carter, Edward James Lewis, Timothy Oliphant, Mary - Harris, Roderique Russel, Kay Jackson, Marnie Carter. (Attachments: # 1 Exhibit 14: Declaration of Dr. Edwin L. Bradley# 2 Exhibit 15: Affidavit of Dennis D. Wright# 3 Exhibit 16: McClain v. Lufkin Industries# 4 Exhibit 17: Susan Lester Deposition Excerpts# 5 Exhibit 18: Phyllis Short Deposition Excerpts)(Johnson, Herman) (Entered: 12/21/2005)

1 Exhibit 14: Declaration of Dr. Edwin L. Bradley

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2 Exhibit 15: Affidavit of Dennis D. Wright

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3 Exhibit 16: McClain v. Lufkin Industries

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4 Exhibit 17: Susan Lester Deposition Excerpts

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5 Exhibit 18: Phyllis Short Deposition Excerpts

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Dec. 21, 2005

Dec. 21, 2005

PACER
76

ORDER granting 74 Pltfs' Motion for Leave to File Excess Pages not to exceed 30 pages. Signed by Judge Sandra S Beckwith on 12/22/05. (mb) (Entered: 12/22/2005)

Dec. 22, 2005

Dec. 22, 2005

PACER
77

MOTION for Leave to File Surreply in Response to Plaintiffs' Reply Memorandum and in Opposition to Plaintiffs' Motion for Class Certification by Defendant AK Steel Corporation. (Attachments: # 1 Surreply in Response to Plaintiffs' Reply Memorandum)(Rogers, Gregory) (Entered: 01/23/2006)

1 Surreply in Response to Plaintiffs' Reply Memorandum

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Jan. 23, 2006

Jan. 23, 2006

PACER
78

RESPONSE in Opposition re 77 MOTION for Leave to File Surreply in Response to Plaintiffs' Reply Memorandum and in Opposition to Plaintiffs' Motion for Class Certification filed by Plaintiffs (Attachments: # 1 Exhibit 19 # 2 Exhibit 20)(Johnson, Herman) Modified on 2/14/2006 - To clarify docket text (tt, ). (Entered: 02/13/2006)

1 Exhibit 19

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2 Exhibit 20

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Feb. 13, 2006

Feb. 13, 2006

PACER
79

ORDER: Pltfs. are ordered to file a supplemental brief to their motion for class cert. by 6/8/06. Responses and replies as usual rule. If pltfs. intend to name a new rep. of the Middletown subclass, they are ordered to do so by 6/8/06. Signed by Judge Sandra S Beckwith on 4/24/06. (mb) (Entered: 04/24/2006)

April 24, 2006

April 24, 2006

PACER
80

ORDER denying 47 Deft's Motion for Summary Judgment on Counts III & IV of the Second Amended Complaint. Signed by Judge Sandra S Beckwith on 5/11/06. (mb) (Entered: 05/11/2006)

May 11, 2006

May 11, 2006

RECAP
81

Supplemental Memorandum Supporting Motion for Class Certification 70 filed by Plaintiffs (Attachments: # 1 Exhibit 21 # 2 Exhibit 22 # 3 Exhibit 23 # 4 Exhibit 24 # 5 Exhibit 25)(Johnson, Herman) Modified on 6/9/2006 - To edit docket text (tt, ). (Entered: 06/08/2006)

1 Exhibit 21

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2 Exhibit 22

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3 Exhibit 23

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4 Exhibit 24

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5 Exhibit 25

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June 8, 2006

June 8, 2006

PACER
82

NOTICE of Informal Discovery Conference set for Monday, 6/19/2006 02:30 PM via telephone before Magistrate Judge Timothy S Hogan. (art, ) (Entered: 06/16/2006)

June 16, 2006

June 16, 2006

PACER
83

Minute Entry: Case called this date for an informal discovery conference via telephone before Magistrate Judge Timothy S Hogan. Counsel for plaintiff and defendant present. Order of the Court to follow. Discovery Hearing held on 6/19/2006. (Court Reporter none present.) (art, ) (Entered: 06/20/2006)

June 19, 2006

June 19, 2006

PACER
84

ORDER following informal discovery conference. Signed by Magistrate Judge Timothy S Hogan on 6/20/2006. (art, ) (Entered: 06/20/2006)

June 20, 2006

June 20, 2006

PACER

Objection re 84 Order and Motion to Extend Time (PREVIOUSLY IDENTIFIED AS DOCUMENT NUMBER 85) by Defendant (Rogers, Gregory) Modified on 6/23/2006 - Clerk removed pdf and directed counsel to refile forthwith using the correct event (tt1, ).

June 22, 2006

June 22, 2006

PACER

Notice of Correction re: Objection (non motion) previously identified as Document Number 85 ; Clerk has removed pdf and directed counsel to refile forthwith as "Objections to the Magistrate Judge's Order and "Motion for Extension of Time to File Response/Reply" (tt1, )

June 23, 2006

June 23, 2006

PACER
85

MOTION for Extension of Time to Respond to Plaintiff's Supplemental Memorandum Regarding Motion for Class Certification ; New date requested 8/23/2006 AND Objection to Magistrate Judge Order Denying the Deposition of Donald Edwards by Defendant (Rogers, Gregory) Modified on 6/23/2006 - To correct extension ddl from 7/3/2006 to 8/23/2006 per request of counsel (tt, ). (Entered: 06/23/2006)

June 23, 2006

June 23, 2006

PACER
86

MOTION for Extension of Time to Respond to Plaintiffs' Supplemental Memorandum Regarding Motion for Class Certification ; New date requested 8/23/2006 AND Objection to Magistrate Judge Order Denying the Deposition of Donald Edwards by Defendant (Rogers, Gregory) Modified on 6/23/2006 - To edit docket text (tt, ). (Entered: 06/23/2006)

June 23, 2006

June 23, 2006

PACER
87

ORDER: Deft's motion for extension of time portion (doc. 86) is granted. A new date will be set for the filing of deft's response to pltf's supplemental memo concerning class certification, pending ruling on deft's objections to the MJ's discovery order. Signed by Judge Sandra S Beckwith on 6/29/06. (mb) (Entered: 06/29/2006)

June 29, 2006

June 29, 2006

PACER
88

Response to Defendant's Objection 86 to the Order Denying the Deposition of Donald Edwards by Plaintiffs (Johnson, Herman) Modified on 7/13/2006 - To edit docket text (tt1, ). (Entered: 07/12/2006)

July 12, 2006

July 12, 2006

PACER
89

Reply Memorandum in Support of Its Objection to the Order Denying the Deposition of Donald Edwards 86 by Defendant (Pryor, Patricia) Modified on 7/25/2006 - To edit docket text (tt1, ). (Entered: 07/21/2006)

July 21, 2006

July 21, 2006

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: June 26, 2002

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

all African-American persons who applied and were rejected for employment, or were deterred or discouraged from applying for employment with AK Steel at any time since June 26, 1998

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

AK Steel Corporation, Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Availably Documents:

Trial Court Docket

Complaint (any)

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: $1219200

Issues

General:

Disparate Treatment

Pattern or Practice

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Hiring

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

Pay / Benefits

Promotion

Discrimination-basis:

Race discrimination

Race:

Black