Case: Allen v. International Truck and Engine

1:02-cv-00902 | U.S. District Court for the Southern District of Indiana

Filed Date: June 10, 2002

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On October 16, 2001, a group of current and former African-American employees and job applicants filed a lawsuit against Defendant under Title VII and 42 U.S.C. § 1981 in the U.S. District Court for the Northern District of Illinois. The Plaintiffs, represented by private counsel, asked the court for monetary and injunctive relief, alleging that they and other similarly-situated African-American employees had suffered and continued to suffer racial harassment and a hostile work environment as …

On October 16, 2001, a group of current and former African-American employees and job applicants filed a lawsuit against Defendant under Title VII and 42 U.S.C. § 1981 in the U.S. District Court for the Northern District of Illinois. The Plaintiffs, represented by private counsel, asked the court for monetary and injunctive relief, alleging that they and other similarly-situated African-American employees had suffered and continued to suffer racial harassment and a hostile work environment as well as racial discrimination.

On May 21, 2002, the case was transferred to the U.S. District Court for the Southern District of Indiana. On July 28, 2004, the Court certified the hostile work environment class as a hybrid class consisting of an injunctive relief class under Federal Rules of Civil Procedure ("FRCP") 23(b)(2) and a monetary class under FRCP 23(b)(3) for purposes of liability.

On September 19, 2006, the phase one trial on the class certified pattern and practice racially hostile work environment claims commenced. The trial continued through September 22, 2006. On September 25, 2006, before the Plaintiffs had finished presenting their evidence, the parties reached a monetary settlement and requested additional time to consummate a complete and final settlement of the non-monetary claims. The Court ordered that the trial remain in recess until further notice to allow the parties to complete the settlement process.

On June 22, 2007, the parties submitted their Consent Decree to the Court. On February 25, 2008, the Court granted the motion to enter Consent Decree nunc pro tunc as of June 22, 2007. According to the Consent Decree, Defendant agreed to set up a settlement fund of $9 million and to adopt a series of measures to eliminate and reduce race discrimination.

Summary Authors

Kunyi Zhang (1/20/2010)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4637708/parties/allen-v-international-truck-and-engine-corporation/


Judge(s)

Baker, Tim A. (Indiana)

Lawrence, William T. (Indiana)

Young, Richard L. (Indiana)

Attorneys(s) for Plaintiff

Adams, Russell Wayne (Alabama)

Brodnik, Thomas A. (Indiana)

Calamusa, Rocco Jr. (Alabama)

Clayton, Fay (Illinois)

Fisher, Samuel (Alabama)

Hailey, Richard D. (Indiana)

Hyndman, Cynthia H. (Illinois)

Judge(s)

Baker, Tim A. (Indiana)

Lawrence, William T. (Indiana)

Young, Richard L. (Indiana)

Attorneys(s) for Plaintiff

Adams, Russell Wayne (Alabama)

Brodnik, Thomas A. (Indiana)

Calamusa, Rocco Jr. (Alabama)

Clayton, Fay (Illinois)

Fisher, Samuel (Alabama)

Hailey, Richard D. (Indiana)

Hyndman, Cynthia H. (Illinois)

Jent, Kevin W. (Alabama)

Jones, Carol A. (Illinois)

Oliver, Darlene M. (Illinois)

Ratliff, Anthony B. (Indiana)

Travis, Kristen (Illinois)

Attorneys(s) for Defendant

Bickham, Harold R. (Indiana)

Gaur, Shanthi V. (Illinois)

Levine, Laurence H. (Illinois)

Mester, Mark S. (Illinois)

Parsons, David J. (Illinois)

Phillips, Garrison L. (Illinois)

Prather, Robert Anthony (Indiana)

Other Attorney(s)

Fague, Terence Leslie (Ohio)

Documents in the Clearinghouse

Document

1:02-cv-00902

Docket

Allen v. International Truck and Engine Corporation

June 10, 2002

June 10, 2002

Docket

1:02-cv-00902

Docket

Allen v. International Truck and Engine Corporation

Sept. 14, 2010

Sept. 14, 2010

Docket
45

1:02-cv-00902

Order Granting EEOC's Motion to Quash Subpoena

2003 WL 1522942

March 21, 2003

March 21, 2003

Order/Opinion
136

1:02-cv-00902

Order Denying Defendant's Motion for Summary Judgment

Allen v. International Truck and Engine Corporation

2006 WL 694345

March 14, 2006

March 14, 2006

Order/Opinion
350

1:02-cv-00902

Consent Decree

Allen v. International Truck and Engine Corporation

June 22, 2007

June 22, 2007

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4637708/allen-v-international-truck-and-engine-corporation/

Last updated July 23, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
97

ORDER granting 25 Motion for Clarification. Signed by Judge Richard L. Young on 1/10/06. (CLL, )

Jan. 10, 2006

Jan. 10, 2006

RECAP
131

ORDER granting in part and denying in part Motions for Summary Judgment . Signed by Judge Richard L. Young on 3/2/06. (CLL, )

March 2, 2006

March 2, 2006

RECAP
136

ORDER DENIES defendant's motion for summary judgment with respect to the hostile work environment claims of the individual plaintiffs. Signed by Judge Richard L. Young on 3/14/06. (CLL, )

March 14, 2006

March 14, 2006

RECAP
140

ORDER denying 12 Motion to Strike Diversity Council Documents. Signed by Judge Richard L. Young on 3/17/06. (CLL, )

March 17, 2006

March 17, 2006

RECAP
148

ORDER denying 90 Motion to Strike, denying [] Motion to decertify. Signed by Judge Richard L. Young on 3/31/06. (CLL, )

March 31, 2006

March 31, 2006

RECAP
157

ORDER on 5/8/06 Discovery Conference (See Order). Signed by Judge Tim A. Baker on 5/8/06. (SWM, )

May 8, 2006

May 8, 2006

RECAP
255

REPORT AND RECOMMENDATIONS re 132 MOTION for Sanctions Based On Statements Made At February 1, 2006, Hearing Before Magistrate Judge Baker filed by GREG ALLEN, . Signed by Judge Tim A. Baker on 9/6/06. (SWM, )

Sept. 6, 2006

Sept. 6, 2006

RECAP
397

DISCOVERY ORDER: The parties appeared by counsel on December 5, 2011, for a telephonic conference to address Plaintiffs' motion to compel [Docket No. 392] and Defendant's motion to compel. [Docket No. 387.] Counsel were given a full opport unity to be heard on all issues related to these motions. Plaintiffs' motion to compel 392 is denied. Defendant's motion to compel 387 is granted in part and denied in part (see Order for details). Signed by Magistrate Judge Tim A. Baker on 12/9/2011.(SWM)

Dec. 9, 2011

Dec. 9, 2011

RECAP
419

ORDER On Pending Motions - Plaintiff's and Defendant's motions to strike, Docket Nos. 385 and 407 , are denied, and Plaintiff's motion for leave to amend his witness and exhibit lists, Docket No. 399 , is granted. The amended witness and exhibit lists are deemed filed as of December 30, 2011. Signed by Magistrate Judge Tim A. Baker on 5/24/2012. (JKS)

May 24, 2012

May 24, 2012

RECAP
432

ENTRY denying 427 Motion for Reconsideration; and denying 428 Objections to Magistrate Judge's Order. This matter will proceed to trial on June 20, 2012, with the final pretrial conference still to occur on June 14, 2012. Signed by Judge Richard L. Young on 6/12/2012. (PG)

June 12, 2012

June 12, 2012

RECAP
467

***VACATED PER ORDER 503 ***FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING MATTHEW WHITFIELD'S FAILURE TO HIRE CLAIMS AND PRELIMINARY EVIDENTIARY RULINGS. Signed by Judge Richard L. Young on 3/29/2013.(PG) Modified on 5/24/2016 (TMD).

March 29, 2013

March 29, 2013

RECAP
503

ORDER VACATES 467 Findings of Fact and Conclusions of Law to the extent that they are inconsistent with Seventh Circuit's opinion. Court further vacates its 468 Final Judgment and grants in part Matthew Whitfield's 479 Motion for En try of Final Judgment. Whitfield's motion is granted in part because the court only resolves the issue of liability. The court takes the issue of damages under advisement. If the parties are unable to settle the case with Magistrate Judge Baker, the court will hold a damages hearing. Signed by Judge Richard L. Young on 5/23/2016. (TMD)

May 23, 2016

May 23, 2016

RECAP
543

ENTRY on Damages (SEE ENTRY FOR DETAILS). Whitfield is ORDERED to file a computation of his requested tax component award within 14 days of the date of this Entry. If Navistar objects to the amount, it may file a response brief within 7 days. Any reply must be filed within 3 days of the response. The court shall enter final judgment after reviewing those submissions. Signed by Judge Richard L. Young on 4/18/2017.(TMD)

April 18, 2017

April 18, 2017

RECAP

Case Details

State / Territory: Indiana

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: June 10, 2002

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are current and former African-American employees, and job applicant of defendant.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

INTERNATIONAL TRUCK AND ENGINE 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

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $ 9 million

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Implement complaint/dispute resolution process

Monitoring

Reporting

Issues

General:

Pattern or Practice

Discrimination-area:

Discipline

Harassment / Hostile Work Environment

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

Training

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits