Case: Wynne v. McCormick & Schmick's Seafood Restaraunts Inc.

4:06-cv-03153 | U.S. District Court for the Northern District of California

Filed Date: May 11, 2006

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On May 11, 2006, African-American employees of a restaurant in Berkeley, California filed this lawsuit in the United States District Court for the Northern District of California, under 42 U.S.C. § 1981, Title VII of the Civil Rights Act, and the California Fair Employment and Housing Act against McCormick & Schmick's Seafood Restaurants ("M&S"). The plaintiffs, represented by private counsel, asked the court for injunctive and declaratory relief, and damages, alleging that McCormick & Schmick'…

On May 11, 2006, African-American employees of a restaurant in Berkeley, California filed this lawsuit in the United States District Court for the Northern District of California, under 42 U.S.C. § 1981, Title VII of the Civil Rights Act, and the California Fair Employment and Housing Act against McCormick & Schmick's Seafood Restaurants ("M&S"). The plaintiffs, represented by private counsel, asked the court for injunctive and declaratory relief, and damages, alleging that McCormick & Schmick's discriminated against African-Americans on the basis of race with respect to hiring, job assignment, compensation, promotion to managerial positions, discipline, and other conditions of employment. Specifically, this action was seeking an end to M&S's discriminatory policies or practices, and recovery of back pay and front pay.

On November 28, 2006, U.S. District Court Judge Claudia Wilken granted the plaintiffs' motion to compel production of statistical data. The plaintiffs sought the statistical data to support their contention that the defendant's discriminatory hiring practices were company-wide, and not limited to a single restaurant. Wynne v. McCormick and Schmick's Seafood Restaurants, 2006 WL 3422226 (N.D. C.A. Nov. 28, 2006).

On March 16, 2007, Magistrate Judge Bernard Zimmerman issued an order to show cause why the defendant should not be held in contempt of court or sanctioned for failing to comply with the Court's Discovery Order.

The court preliminarily approved a class settlement on April 4, 2008. The court provisionally certified settlement classes, approved class notification, and preliminarily approved the consent decree. On August 7, 2008 the court granted final approval to the settlement and consent decree On the same day, the court granted about $900,000 in attorney fees and costs.

The Consent Decree was filed on August 8, 2008. It provided injunctive relief relating to hiring, promotion, training, and reporting and record-keeping. Further, it provided that the defendant would pay $2.1 million for the benefit of the class. The Consent Decree was set to remain in effect for five years after the Court's final approval. The Decree required annual reports to the plaintiffs, but they weren't filed in court. Presumably the case ended after the 2013 report; the last entry in the docket sheet dealt with a procedural matter in 2010.

Summary Authors

Haley Waller (8/18/2010)

Saeeda Joseph-Charles (11/6/2016)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5758878/parties/wynne-v-mccormick-schmicks-seafood-restaurants-inc/


Judge(s)

Wilken, Claudia Ann (California)

Zimmerman, Bernard S. (California)

Attorneys(s) for Plaintiff

Cervantez, Eve Hedy (California)

Cheng, Vincent (California)

Dermody, Kelly M. (California)

Diekmann, Gilmore F. Jr. (California)

Evenson, Rebekah B. (California)

Finberg, James M. (California)

Jackson, Todd F. (California)

Kingsley, Eric (California)

Judge(s)

Wilken, Claudia Ann (California)

Zimmerman, Bernard S. (California)

Attorneys(s) for Plaintiff

Cervantez, Eve Hedy (California)

Cheng, Vincent (California)

Dermody, Kelly M. (California)

Diekmann, Gilmore F. Jr. (California)

Evenson, Rebekah B. (California)

Finberg, James M. (California)

Jackson, Todd F. (California)

Kingsley, Eric (California)

Lee, Bill Lann (California)

Nako, Lindsay Elizabeth (California)

Rubin, Robert J. (California)

Tate, Diana C. (California)

Warren, Thomas A. (Florida)

Attorneys(s) for Defendant

Dawson, Kamili Williams (California)

Gallion, Michael L. (California)

Hill, Eric E. (California)

Maatman, Gerald L Jr. (Illinois)

Thomas, William Carl III (California)

Expert/Monitor/Master

Sagafi, Jahan C (California)

Documents in the Clearinghouse

Document

4:06-cv-03153

Docket

Wynne v. McCormick & Schmick's Seafood Restaurants

Nov. 15, 2010

Nov. 15, 2010

Docket
1

4:06-cv-03153

Complaint

Wynne v. McCormick & Schmick’s Seafood Restaurants, Inc.

May 11, 2006

May 11, 2006

Complaint
13

4:06-cv-03153

First Amended Complaint For Injunctive, Declaratory Relief, and Damages For Violations of 42 U.S.C. § 1981, Title VII, and the California Fair Employment and Housing Act

Wynne v. McCormick & Schmick's Seafood Restaurants

July 28, 2006

July 28, 2006

Complaint
36

4:06-cv-03153

Stipulation and Order Regarding Plaintiffs' Motion to Compel Production of Statistical Data

Wynne v. McCormick & Schmick's Seafood Restaurants

Nov. 3, 2006

Nov. 3, 2006

Order/Opinion
42

4:06-cv-03153

Order [Granting in Part Plaintiffs' Amended Motion to Compel Production of Statistical Data]

Wynne v. McCormick & Schmick's Seafood Restaurants

2006 WL 3422226, 2006 U.S.Dist.LEXIS 88989

Nov. 28, 2006

Nov. 28, 2006

Order/Opinion
55

4:06-cv-03153

Order to Show Cause

Wynne v. McCormick & Schmick's Seafood Restaurants

March 16, 2007

March 16, 2007

Order/Opinion
77

4:06-cv-03153

Plaintiffs' Motion for Order: (1) Preliminarily Approving Settlement and Proposed Consent Decree; (2) Provisionally Certifying Settlement Classes; (3) Approving and Directing Distribution of Notice of the Settlement; and (4) Setting a Schedule

Wynne v. McCormick & Schmick's Seafood Restaurants

Feb. 28, 2008

Feb. 28, 2008

Pleading / Motion / Brief
81

4:06-cv-03153

Proposed Order

Wynne v. McCormick & Schmick’s Seafood Restaurants, Inc.

March 25, 2008

March 25, 2008

Settlement Agreement
82

4:06-cv-03153

Revised Order (1) Preliminarily Approving Class Action Settlement and Proposed Consent Decree; (2) Provisionally Certifying Settlement Classes; (3) Approving and Directing Distribution of Notice of the Settlement; and (4) Setting a Schedule

Wynne v. McCormick & Schmick's Seafood Restaurants

April 4, 2008

April 4, 2008

Order/Opinion
88

4:06-cv-03153

Plaintiffs' Notice of Motion and Motion for Final Approval of Class Action Settlement and Memorandum of Points and Authorities

Wynne v. McCormick & Schmick's Seafood Restaurants

July 2, 2008

July 2, 2008

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5758878/wynne-v-mccormick-schmicks-seafood-restaurants-inc/

Last updated Aug. 2, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link

Summons Issued as to McCormick & Schmick's Seafood Restaurants, Inc., McCormick & Schmick Restaurant Corp.. (cjl, COURT STAFF) (Filed on 5/11/2006) (Entered: 05/15/2006)

May 11, 2006

May 11, 2006

11

ORDER re 10 Granting STIPULATION EXTENDING TIME TO PLEAD. Signed by Judge Claudia Wilken on 6/30/06. (scc, COURT STAFF) (Filed on 6/30/2006)

June 30, 2006

June 30, 2006

RECAP
19

ORDER re 15 Granting Stipulation r selecting Private ADR and REFERRING CASE to Private ADR. Signed by Judge Claudia Wilken on 9/1/06. (scc, COURT STAFF) (Filed on 9/1/2006)

Sept. 1, 2006

Sept. 1, 2006

RECAP
2

ADR SCHEDULING ORDER: Case Management Statement due by 9/1/2006. Case Management Conference set for 9/8/2006 01:30 PM. (Attachments: # 1 Standing Order)(cjl, COURT STAFF) (Filed on 5/11/2006) (Entered: 05/15/2006)

May 11, 2006

May 11, 2006

24

INITIAL DISCOVERY ORDER. Signed by Magistrate Judge Bernard Zimmerman on 10/10/2006. (bzsec, COURT STAFF) (Filed on 10/10/2006)

Oct. 10, 2006

Oct. 10, 2006

RECAP

CASE DESIGNATED for Electronic Filing. (cjl, COURT STAFF) (Filed on 5/11/2006) (Entered: 05/15/2006)

May 11, 2006

May 11, 2006

25

AMENDED INITIAL DISCOVER ORDER CORRECTING CAPTION OF ORDER. Signed by Magistrate Judge Bernard Zimmerman on 10/10/2006. (bzsec, COURT STAFF) (Filed on 10/10/2006)

Oct. 10, 2006

Oct. 10, 2006

RECAP
3

NOTICE of Appearance by Gilmore F. Diekmann, Jr (Diekmann, Gilmore) (Filed on 6/8/2006) (Entered: 06/08/2006)

June 8, 2006

June 8, 2006

29

SCHEDULING ORDER. Signed by Magistrate Judge Bernard Zimmerman on 10/20/2006. (bzsec, COURT STAFF) (Filed on 10/20/2006)

Oct. 20, 2006

Oct. 20, 2006

RECAP
4

NOTICE of Appearance by Kamili Williams Dawson (Dawson, Kamili) (Filed on 6/8/2006) (Entered: 06/08/2006)

June 8, 2006

June 8, 2006

36

STIPULATION AND ORDER. Signed by Magistrate Judge Bernard Zimmerman on 11/6/2006. (bzsec, COURT STAFF) (Filed on 11/6/2006)

Nov. 6, 2006

Nov. 6, 2006

RECAP
5

STIPULATION EXTENDING DEFENDANTS' TIME TO PLEAD by McCormick & Schmick's Seafood Restaurants, Inc., McCormick & Schmick Restaurant Corp., Juanita Wynne, Dante Byrd. (Diekmann, Gilmore) (Filed on 6/8/2006) (Entered: 06/08/2006)

June 8, 2006

June 8, 2006

42

ORDER by Magistrate Judge Bernard Zimmerman granting in part 33 Motion to Compel (bzsec, COURT STAFF) (Filed on 11/28/2006)

Nov. 28, 2006

Nov. 28, 2006

RECAP
6

NOTICE of Appearance by Thomas Larry Watts William C. Thomas (Watts, Thomas) (Filed on 6/8/2006) (Entered: 06/08/2006)

June 8, 2006

June 8, 2006

50

ORDER GRANTING REQUEST OF DEFENDANT MCCORMICK & SCHMICK. Signed by Magistrate Judge Bernard Zimmerman on 3/7/2007. (bzsec, COURT STAFF) (Filed on 3/7/2007)

March 7, 2007

March 7, 2007

RECAP
7

NOTICE of Appearance by Eric E. Hill (Hill, Eric) (Filed on 6/9/2006) (Entered: 06/09/2006)

June 9, 2006

June 9, 2006

8

NOTICE of Appearance by Thomas Larry Watts Michael L. Gallion (Watts, Thomas) (Filed on 6/9/2006) (Entered: 06/09/2006)

June 9, 2006

June 9, 2006

54

SECOND DISCOVERY ORDER. Signed by Magistrate Judge Bernard Zimmerman on 3/15/2007. (bzsec, COURT STAFF) (Filed on 3/15/2007)

March 15, 2007

March 15, 2007

RECAP
55

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 4/18/2007 10:00 AM. Show Cause Response due by 3/30/2007.. Signed by Magistrate Judge Bernard Zimmerman on 3/16/2007. (bzsec, COURT STAFF) (Filed on 3/16/2007)

March 16, 2007

March 16, 2007

RECAP
9

MOTION for leave to appear in Pro Hac Vice (Thomas A. Warren) filed by Juanita Wynne, Dante Byrd; fee paid, receipt #4412891 (cp, COURT STAFF) (Filed on 6/26/2006) Additional attachment(s) added on 6/26/2006 (cp, COURT STAFF). (Entered: 06/26/2006)

June 26, 2006

June 26, 2006

62

ORDER DISCHARGING ORDER TO SHOW CAUSE. Signed by Magistrate Judge Bernard Zimmerman on 4/2/2007. (bzsec, COURT STAFF) (Filed on 4/2/2007)

April 2, 2007

April 2, 2007

RECAP
10

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO PLEAD by McCormick & Schmick's Seafood Restaurants, Inc., McCormick & Schmick Restaurant Corp.. (Diekmann, Gilmore) (Filed on 6/27/2006) (Entered: 06/27/2006)

June 27, 2006

June 27, 2006

65

ORDER re 64 granting STIPULATION FOR PROTECTIVE ORDER. Signed by Judge Claudia Wilken on 5/3/07. (scc, COURT STAFF) (Filed on 5/3/2007)

May 3, 2007

May 3, 2007

RECAP
12

ORDER by Judge Claudia Wilken GRANTING 9 Motion for Pro Hac Vice (Thomas A. Warren) (kc, COURT STAFF) (Filed on 7/7/2006) (Entered: 07/07/2006)

July 7, 2006

July 7, 2006

68

ORDER re 67 granting AMENDED STIPULATION REGARDING CLASS CERTIFICATION BRIEFING SCHEDULE. Motion Hearing set for 10/25/2007 02:00 PM.. Signed by Judge Claudia Wilken on 5/18/07. (scc, COURT STAFF) (Filed on 5/18/2007)

May 18, 2007

May 18, 2007

RECAP
71

ORDER re 70 GRANTING Stipulation Staying Case Pending Mediation Discussing and Deferring Class Certification Briefing Schedule. Signed by Judge CLAUDIA WILKEN on 7/26/07. (scc, COURT STAFF) (Filed on 7/26/2007)

July 26, 2007

July 26, 2007

RECAP
13

AMENDED COMPLAINT First Amended Complaint for Injunctive, Declaratory Relief, and Damages for Violations of 42 U.S.C. Section 1981, Title VII, and the California Fair Employment and Housing Act ; Jury Demand against McCormick & Schmick's Seafood Restaurants, Inc., McCormick & Schmick Restaurant Corp.. Filed byJuanita Wynne, Dante Byrd. (Finberg, James) (Filed on 7/28/2006) Modified on 7/31/2006 (cp, COURT STAFF). (Entered: 07/28/2006)

July 28, 2006

July 28, 2006

14

ADR Certification (ADR L.R. 3−5b) of discussion of ADR options ADR CERTIFICATION BY PARTIES AND COUNSEL (Sagafi, Jahan) (Filed on 8/18/2006) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

75

ORDER re 74 granting Second Revised Stipulation Staying Case Pending Further Mediation Discussions; Ordering Parties and Insurance Carriers to Attend Mediation Session; and Deferring Class Certification Briefing Schedule. Signed by Judge Claudia Wilken on 10/3/07. (scc, COURT STAFF) (Filed on 10/3/2007)

Oct. 3, 2007

Oct. 3, 2007

RECAP
80

ORDER re 76 granting STIPULATION SETTING PRELIMINARY APPROVAL BRIEFING SCHEDULE; SETTING PRELIMINARY APPROVAL HEARING DATE AND VACATING CLASS CERTIFICATION BRIEFING SCHEDULE. Signed by Judge Claudia Wilken on 3/6/08. (scc, COURT STAFF) (Filed on 3/6/2008)

March 6, 2008

March 6, 2008

RECAP
15

STIPULATION and Proposed Order selecting Private ADR by McCormick & Schmick's Seafood Restaurants, Inc., McCormick & Schmick Restaurant Corp., Juanita Wynne, Dante Byrd (Sagafi, Jahan) (Filed on 8/18/2006) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

17

JOINT CASE MANAGEMENT STATEMENT AND PROPOSED ORDER filed by Juanita Wynne, Dante Byrd. (Finberg, James) (Filed on 8/31/2006) (Entered: 08/31/2006)

Aug. 31, 2006

Aug. 31, 2006

85

ORDER re 84 granting STIPULATION EXTENDING TIME TO PRODUCE DATA. Signed by Judge Claudia Wilken on 4/28/08. (scc, COURT STAFF) (Filed on 4/28/2008)

April 28, 2008

April 28, 2008

RECAP
87

ORDER re 86 granting STIPULATION REVISING NOTICE MATERIALS AND EXTENDING CLAIMS ADMINISTRATOR DEADLINES. Signed by Judge Claudia Wilken on 5/8/08. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(scc, COURT STAFF) (Filed on 5/8/2008)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

May 8, 2008

May 8, 2008

RECAP
18

DEMAND for Trial by Jury by McCormick & Schmick's Seafood Restaurants, Inc., McCormick & Schmick Restaurant Corp.. (Diekmann, Gilmore) (Filed on 9/1/2006) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

113

ORDER re 110 granting CONSENT DECREE. Signed by Judge Claudia Wilken on 8/8/08. (scc, COURT STAFF) (Filed on 8/8/2008)

Aug. 8, 2008

Aug. 8, 2008

RECAP
114

ORDER re 112 GRANTING STIPULATION to Account for Claimants Who Previously Settled Race Discrimination Claims Encompassed by Consent Decree. Signed by Judge CLAUDIA WILKEN on 8/11/08. (scc, COURT STAFF) (Filed on 8/11/2008)

Aug. 11, 2008

Aug. 11, 2008

RECAP
20

MINUTE ORDER AND CASE MANAGEMENT ORDER: Case referred to Private ADR. Further Case Management Conference set for 8/10/2007 01:30 PM.. Signed by Judge Claudia Wilken on 9/27/06. (scc, COURT STAFF) (Filed on 9/27/2006) (Entered: 09/27/2006)

Sept. 27, 2006

Sept. 27, 2006

21

TRANSCRIPT of Proceedings held on 9/8/2006 before Judge Claudia Wilken. Court Reporter: Diane E. Skillman. (kc, COURT STAFF) (Filed on 9/29/2006) (Entered: 10/02/2006)

Sept. 29, 2006

Sept. 29, 2006

116

ORDER re 115 granting JOINT STIPULATION EXTENDING TIME FOR DEFENDANTS TO SUBMIT PROGRESS REPORT TO DIVERSITY MONITOR AND CLASS COUNSEL. Signed by Judge Claudia Wilken on 10/1/09. (scc, COURT STAFF) (Filed on 10/1/2009)

Oct. 1, 2009

Oct. 1, 2009

RECAP
22

MOTION to Compel Production of Statistical Data and Memorandum of Points and Authorities filed by Juanita Wynne, Dante Byrd. (Attachments: # 1 Declaration of James M. Finberg in Support of Plaintiffs' Motion to Compel Production of Statistical Data# 2 Proposed Order Granting Plaintiffs' Motion to Compel Production of Statistical Data)(Lee, Bill) (Filed on 10/3/2006) (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

118

ORDER re 117 granting JOINT STIPULATION EXTENDING TIME FOR DEFENDANTS TO SUBMIT PROGRESS REPORT TO DIVERSITY MONITOR AND CLASS COUNSEL. Signed by Judge Claudia Wilken on 11/10/09. (scc, COURT STAFF) (Filed on 11/10/2009)

Nov. 10, 2009

Nov. 10, 2009

RECAP
23

ORDER REFERRING CASE to Magistrate Judge for Discovery purposes. Signed by Judge Claudia Wilken on 10/4/06. (scc, COURT STAFF) (Filed on 10/4/2006) (Entered: 10/04/2006)

Oct. 4, 2006

Oct. 4, 2006

120

ORDER by Judge Claudia Wilken GRANTING 119 Stipulation Extending Time for Defendants to Submit Progress Report to Diversity Monitor and Class Counsel. Signed by Judge Claudia Wilken, on 12/10/09. (scc, COURT STAFF) (Filed on 12/10/2009) Modified on 12/11/2009 (jlm, COURT STAFF). Modified on 12/11/2009 (jlm, COURT STAFF).

Dec. 10, 2009

Dec. 10, 2009

RECAP

CASE REFERRED to Magistrate Judge Bernard Zimmerman for Discovery (wh, COURT STAFF) (Filed on 10/4/2006) (Entered: 10/04/2006)

Oct. 4, 2006

Oct. 4, 2006

MOTIONS 22 MOTION to Compel Production of Statistical Data and Memorandum of Points and Authorities REFERRED to Judge Judge Bernard Zimmerman. (cp, COURT STAFF) (Filed on 10/4/2006) (Entered: 10/05/2006)

Oct. 4, 2006

Oct. 4, 2006

26

Letter from Bill Lann Lee to Honorable Magistrate Judge Zimmerman . (Lee, Bill) (Filed on 10/12/2006) (Entered: 10/12/2006)

Oct. 12, 2006

Oct. 12, 2006

31

MOTION for leave to appear in Pro Hac Vice (Gerald L. Maatman, Jr) filed by McCormick & Schmick's Seafood Restaurants, Inc., McCormick & Schmick Restaurant Corp..; Fee paid, receipt #3391215 (cp, COURT STAFF) (Filed on 10/13/2006) (Entered: 10/20/2006)

Oct. 13, 2006

Oct. 13, 2006

27

Letter from Defendant McCormick & Schmick's. (Kaufman, Thomas) (Filed on 10/16/2006) (Entered: 10/16/2006)

Oct. 16, 2006

Oct. 16, 2006

28

CLERK'S NOTICE SCHEDULING TELEPHONIC HEARING RE DISCOVERY DISPUTE(S). (bzsec, COURT STAFF) (Filed on 10/18/2006) (Entered: 10/18/2006)

Oct. 18, 2006

Oct. 18, 2006

30

Minute Entry: Discovery Hearing held on 10/19/2006 before Magistrate Judge Bernard Zimmerman (Date Filed: 10/19/2006). (Tape #TC 22−06.) (bzsec, COURT STAFF) (Date Filed: 10/19/2006) Modified on 10/23/2006 (cp, COURT STAFF). (Entered: 10/20/2006)

Oct. 19, 2006

Oct. 19, 2006

32

ORDER by Judge Claudia Wilken granting 31 Motion for Pro Hac Vice (Gerald L. Maatman, Jr.) (cp, COURT STAFF) (Filed on 10/19/2006) (Entered: 10/20/2006)

Oct. 19, 2006

Oct. 19, 2006

Set/Reset Deadlines as to 22 MOTION to Compel Production of Statistical Data and Memorandum of Points and Authorities . Motion Hearing set for 11/29/2006 10:00 AM. (cp, COURT STAFF) (Filed on 10/23/2006) (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

33

Amended MOTION to Compel Production of Statistical Data and Memorrandum of Points and Authorities filed by Juanita Wynne, Dante Byrd. Motion Hearing set for 11/29/2006 10:00 AM in Courtroom G, 15th Floor, San Francisco. (Attachments: # 1 Affidavit Declaration of Bill Lann Lee# 2 Affidavit Declaration of James M. Finberg# 3 Proposed Order # 4 Supplement Plaintiffs' Local Rule 37−2 Filing in Support of Motion to Compel)(Lee, Bill) (Filed on 11/3/2006) Modified on 11/6/2006 (cp, COURT STAFF). (Entered: 11/03/2006)

Nov. 3, 2006

Nov. 3, 2006

34

STIPULATION and Proposed Order Regarding Plaintiffs' Motion to Compel Production of Statistical Data by Juanita Wynne, Dante Byrd. (Lee, Bill) (Filed on 11/3/2006) (Entered: 11/03/2006)

Nov. 3, 2006

Nov. 3, 2006

35

Declaration of Bill Lann Lee with Exhibits A and B re 33 MOTION to Compel Production of Statistical Data and Memorrandum of Points and Authorities by Juanita Wynne, Dante Byrd. (Lee, Bill) (Filed on 11/3/2006) Modified on 11/6/2006 (cp, COURT STAFF). (Entered: 11/03/2006)

Nov. 3, 2006

Nov. 3, 2006

37

Memorandum in Opposition re 33 MOTION to Compel Production of Statistical Data and Memorrandum of Points and Authorities Defendants' Opposition to Motion to Compel Production of Statistical Data filed byMcCormick & Schmick's Seafood Restaurants, Inc., McCormick & Schmick Restaurant Corp.. (Attachments: # 1 Affidavit Decl of Marit Cadwell# 2 Affidavit Decl of Michael L. Gallion)(Thomas, William) (Filed on 11/13/2006) (Entered: 11/13/2006)

Nov. 13, 2006

Nov. 13, 2006

38

CERTIFICATE OF SERVICE by McCormick & Schmick's Seafood Restaurants, Inc., McCormick & Schmick Restaurant Corp. re 37 Memorandum in Opposition, Proof of Service (Thomas, William) (Filed on 11/14/2006) (Entered: 11/14/2006)

Nov. 14, 2006

Nov. 14, 2006

39

Reply to Opposition re 33 MOTION to Compel Production of Statistical Data and Memorrandum of Points and Authorities filed byJuanita Wynne, Dante Byrd. (Attachments: # 1 Affidavit Declaration of Jahan Sagafi)(Sagafi, Jahan) (Filed on 11/17/2006) (Entered: 11/17/2006)

Nov. 17, 2006

Nov. 17, 2006

40

CLERK'S NOTICE REGARDING TENTATIVE RULING. (Attachments: # 1) (bzsec, COURT STAFF) (Filed on 11/22/2006) (Entered: 11/22/2006)

Nov. 22, 2006

Nov. 22, 2006

41

Letter from Bill Lann Lee and Michael L. Gallion to Honorable Bernard Zimmerman . (Lee, Bill) (Filed on 11/28/2006) (Entered: 11/28/2006)

Nov. 28, 2006

Nov. 28, 2006

43

CLERK'S NOTICE VACATING HEARING. (bzsec, COURT STAFF) (Filed on 11/28/2006) (Entered: 11/28/2006)

Nov. 28, 2006

Nov. 28, 2006

44

NOTICE of Appearance by Kelly M. Dermody (Dermody, Kelly) (Filed on 12/18/2006) (Entered: 12/18/2006)

Dec. 18, 2006

Dec. 18, 2006

45

NOTICE of Appearance by Eve H. Cervantez (Cervantez, Eve) (Filed on 1/16/2007) (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

46

NOTICE by Juanita Wynne, Dante Byrd ASSOCIATION OF COUNSEL (Finberg, James) (Filed on 1/16/2007) (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

47

NOTICE by Juanita Wynne, Dante Byrd of Change of Firm of Bill Lann Lee and Notice of Firm Name Change (Cheng, Vincent) (Filed on 1/17/2007) (Entered: 01/17/2007)

Jan. 17, 2007

Jan. 17, 2007

49

Letter from Reiko Furuta to Honorable Judge Bernard Zimmerman . (Thomas, William) (Filed on 3/7/2007) (Entered: 03/07/2007)

March 7, 2007

March 7, 2007

51

CLERK'S NOTICE SCHEDULING TELEPHONIC CONFERENCE RE DISCOVERY DISPUTE. (bzsec, COURT STAFF) (Filed on 3/7/2007) (Entered: 03/07/2007)

March 7, 2007

March 7, 2007

Set/Reset Hearings: Telephonic Conference re discovery dispute set for 3/15/2007 09:00 AM (cp, COURT STAFF) (Filed on 3/8/2007) (Entered: 03/08/2007)

March 8, 2007

March 8, 2007

52

Letter from William C. Thomas, III. (Thomas, William) (Filed on 3/12/2007) (Entered: 03/12/2007)

March 12, 2007

March 12, 2007

53

Minute Entry: Discovery Hearing held on 3/15/2007 before Magistrate Judge Bernard Zimmerman (Date Filed: 3/15/2007). (Tape #TC 05−07.) (bzsec, COURT STAFF) (Date Filed: 3/15/2007) (Entered: 03/15/2007)

March 15, 2007

March 15, 2007

56

NOTICE by Juanita Wynne, Dante Byrd Notice of Lodging of Audiotape and Transcript (Sagafi, Jahan) (Filed on 3/19/2007) (Entered: 03/19/2007)

March 19, 2007

March 19, 2007

57

NOTICE to Employee of Privacy Rights by McCormick & Schmick's Seafood Restaurants, Inc., McCormick & Schmick Restaurant Corp. (cp, COURT STAFF) (Filed on 3/19/2007) Additional attachment(s) added on 4/3/2007 (cp, COURT STAFF). (Entered: 03/23/2007)

March 19, 2007

March 19, 2007

58

CLERK'S NOTICE re: Failure to E−File (docket #57) (cp, COURT STAFF) (Filed on 3/19/2007) (Entered: 03/23/2007)

March 19, 2007

March 19, 2007

59

CLERK'S NOTICE Order to Show Cause Hearing reset to 4/18/2007 02:00 PM. (ls, COURT STAFF) (Filed on 3/27/2007) (Entered: 03/27/2007)

March 27, 2007

March 27, 2007

60

Response to Order to Show Cause byJuanita Wynne, Dante Byrd. (Sagafi, Jahan) (Filed on 3/30/2007) Modified on 4/2/2007 (cp, COURT STAFF). (Entered: 03/30/2007)

March 30, 2007

March 30, 2007

61

Response to Order to Show Cause ; DECLARATION OF MICHAEL L. GALLION IN SUPPORT THEREOF byMcCormick & Schmick's Seafood Restaurants, Inc., McCormick & Schmick Restaurant Corp.. (Attachments: # 1 Affidavit Proof of Service)(Thomas, William) (Filed on 3/30/2007) (Entered: 03/30/2007)

March 30, 2007

March 30, 2007

63

NOTICE of Appearance by Rebekah B. Evenson (Evenson, Rebekah) (Filed on 4/5/2007) (Entered: 04/05/2007)

April 5, 2007

April 5, 2007

64

STIPULATION and PROPOSED ORDER FOR PROTECTIVE ORDER by McCormick & Schmick's Seafood Restaurants, Inc., McCormick & Schmick Restaurant Corp.. (Thomas, William) (Filed on 5/2/2007) Modified on 5/3/2007 (cp, COURT STAFF). (Entered: 05/02/2007)

May 2, 2007

May 2, 2007

Received Confidentiality Agreement and Stipulation for Protective Order by Juanita Wynne, Dante Byrd. (kc, COURT STAFF) (Filed on 5/2/2007) (Entered: 05/03/2007)

May 2, 2007

May 2, 2007

66

STIPULATION AND [PROPOSED] ORDER REGARDING CLASS CERTIFICATION BRIEFING SCHEDULE by Juanita Wynne, Dante Byrd. (Finberg, James) (Filed on 5/14/2007) (Entered: 05/14/2007)

May 14, 2007

May 14, 2007

67

AMENDED STIPULATION AND [PROPOSED] ORDER REGARDING CLASS CERTIFICATION BRIEFING SCHEDULE by Juanita Wynne, Dante Byrd. (Finberg, James) (Filed on 5/16/2007) Modified on 5/17/2007 (cp, COURT STAFF). (Entered: 05/16/2007)

May 16, 2007

May 16, 2007

69

CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. Further Case Management Conference set for 10/25/2007 02:00 PM. (scc, COURT STAFF) (Filed on 5/18/2007) (Entered: 05/18/2007)

May 18, 2007

May 18, 2007

70

Stipulation and Proposed Order Staying Case Pending Mediation Discussing and Deferring Class Certification Briefing Schedule by Juanita Wynne, Dante Byrd. (Evenson, Rebekah) (Filed on 7/16/2007) Modified on 7/17/2007 (cp, COURT STAFF). (Entered: 07/16/2007)

July 16, 2007

July 16, 2007

72

Proposed Order and Stipulation Staying Case Pending Further Mediation Discussions, Ordering Parites and Insurance Carriers to Attend Mediation Session at Oakland Courthouse, and Deferring Class Certification Briefing Schedule by Juanita Wynne, Dante Byrd. (Finberg, James) (Filed on 9/27/2007) (Entered: 09/27/2007)

Sept. 27, 2007

Sept. 27, 2007

73

***FILED IN ERROR, SEE DOCUMENT # 74 *** Revised Stipulation and Proposed Order Staying Case Pending Further Mediation Discussions; Ordering Parties and Insurance Carriers to Attend Mediation Session; and Deferring Class Certification Schedule by Juanita Wynne, Dante Byrd. (Finberg, James) (Filed on 10/1/2007) Modified on 10/2/2007 (cp, COURT STAFF). Modified on 10/2/2007 (cp, COURT STAFF). (Entered: 10/01/2007)

Oct. 1, 2007

Oct. 1, 2007

74

Second Revised Stipulation and (Proposed) Order Staying Case Pending Further Mediation Discussions; Ordering Parties and Insurance Carriers to Attend Mediation Session; and Deferring Class Certification Briefing Schedule by Juanita Wynne, Dante Byrd. (Finberg, James) (Filed on 10/2/2007) Modified on 10/3/2007 (cp, COURT STAFF). (Entered: 10/02/2007)

Oct. 2, 2007

Oct. 2, 2007

76

STIPULATION AND [PROPOSED] ORDER SETTING PRELIMINARY APPROVAL BRIEFING SCHEDULE; SETTING PRELIMINARY APPROVAL HEARING DATE AND VACATING CLASS CERTIFICATION BRIEFING SCHEDULE by Juanita Wynne, Dante Byrd, McCormick & Schmick Restaurant Corp, et al. (Finberg, James) (Filed on 2/15/2008) Modified on 2/19/2008 (cp, COURT STAFF). (Entered: 02/15/2008)

Feb. 15, 2008

Feb. 15, 2008

77

MOTION for Settlement Plaintiffs' Motion for Order (1) Preliminarily Approving Class Action Settlement and Proposed Consent Decree; and (2) Provisionally Certifying Settlement Classes; and (3) Approving and Directing Distribution of Notice of the Settlement; and (4) Setting a Schedule for the Final Settlement Approval Process filed by Juanita Wynne, Dante Byrd. Motion Hearing set for 4/3/2008 02:00 PM in Courtroom 2, 4th Floor, Oakland. (Evenson, Rebekah) (Filed on 2/28/2008) Modified on 2/29/2008 (cp, COURT STAFF). (Entered: 02/28/2008)

Feb. 28, 2008

Feb. 28, 2008

78

Declaration of James Finberg in Support of Motion for Order: (1) Preliminarily Approving Class Action Settlement and Proposed Consent Decree; (2) Provisionally Certifying Settlement Classes; (3) Approving and Directing Distribution of Notice of the Settlement; and (4) Setting a Schedule for the Final Settlement Approval Process filed byJuanita Wynne, Dante Byrd. (Attachments: # 1 Exhibit to the Declaration of James Finberg)(Evenson, Rebekah) (Filed on 2/28/2008) (Entered: 02/28/2008)

Feb. 28, 2008

Feb. 28, 2008

79

Proposed Order (1) Preliminarily Approving Class Action Settlement and Proposed Consent Decree; (2) Provisionally Certifying Settlement Classes; (3) Approving and Directing Distribution of Notice of the Settlement; and (4) Setting Schedule for Final Settlement Approval Process by Juanita Wynne, Dante Byrd. (Attachments: # 1 Exhibit 1 to Proposed Order [Proposed Consent Decree], # 2 Exhibit 2 to Proposed Order [Notice of Class Action Settlement], # 3 Exhibit 3 to Proposed Order [Claim Form])(Evenson, Rebekah) (Filed on 2/28/2008) (Entered: 02/28/2008)

Feb. 28, 2008

Feb. 28, 2008

81

Revised Proposed Order (1) Preliminarily Approving Class Action Settlement and Proposed Consent Decree; (2) Provisionally Certifying Settlement Classes; (3) Approving and Directing Distribution of Notice of the Settlement; and (4) Setting a Schedule for the Final Settlement Approval Process by Juanita Wynne, Dante Byrd. (Attachments: # 1 Exhibit 1 Proposed Consent Decree, # 2 Exhibit 2 Proposed Class Notice, # 3 Exhibit 3 Proposed Claim Form)(Evenson, Rebekah) (Filed on 3/25/2008) Modified on 3/26/2008 (cp, COURT STAFF). (Entered: 03/25/2008)

March 25, 2008

March 25, 2008

83

Minute Entry: Motion Hearing held on 4/3/2008 before Claudia Wilken (Date Filed: 4/3/2008) re 77 MOTION for Order (1) Preliminarily Approving Class Action Settlement and Proposed Consent Decree; and (2) Provisionally Certifying Settlement Classes; and (3) Approving and Directing Distribution of Notice of MOTION for Order (1) Preliminarily Approving Class Action Settlement and Proposed Consent Decree; and (2) Provisionally Certifying Settlement Classes; and (3) Approving and Directing Distribution of Notice of MOTION for Order (1) Preliminarily Approving Class Action Settlement and Proposed Consent Decree; and (2) Provisionally Certifying Settlement Classes; and (3) Approving and Directing Distribution of Notice of filed by Juanita Wynne, Dante Byrd. Fairness Hearing set for 8/7/2008 02:00 PM. (Court Reporter Diane Skillman.) (scc, COURT STAFF) (Date Filed: 4/3/2008) (Entered: 04/07/2008)

April 3, 2008

April 3, 2008

82

ORDER by Judge Claudia Wilken granting 77 MOTION for Settlement Plaintiffs' Motion for Order (1) Preliminarily Approving Class Action Settlement and Proposed Consent Decree; and (2) Provisionally Certifying Settlement Classes; and (3) Approving and Directing Distribution of Notice of the Settlement; and (4) Setting a Schedule for the Final Settlement Approval Process (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (scc, COURT STAFF) (Filed on 4/4/2008) (Entered: 04/04/2008)

April 4, 2008

April 4, 2008

Set/Reset Hearings: Fairness Hearing set for 8/7/2008 02:00 PM. (scc, COURT STAFF) (Filed on 4/4/2008) (Entered: 04/04/2008)

April 4, 2008

April 4, 2008

84

STIPULATION EXTENDING TIME TO PRODUCE DATA by McCormick & Schmick's Seafood Restaurants, Inc., McCormick & Schmick Restaurant Corp.. (Attachments: # 1 Proposed Order [PROPOSED] ORDER EXTENDING TIME TO PRODUCE DATA)(Thomas, William) (Filed on 4/24/2008) (Entered: 04/24/2008)

April 24, 2008

April 24, 2008

88

MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND MEMORANDUM OF POINTS AND AUTHORITIES filed by Juanita Wynne, Dante Byrd. Motion Hearing set for 8/7/2008 02:00 PM in Courtroom 2, 4th Floor, Oakland. (Finberg, James) (Filed on 7/2/2008) Modified on 7/3/2008 (cp, COURT STAFF). (Entered: 07/02/2008)

July 2, 2008

July 2, 2008

89

Declaration of James M. Finberg IN SUPPORT OF (1) MOTION FOR FINAL APPROVAL OF SETTLEMENT; (2) CLASS COUNSEL'S APPLICATION FOR AN AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF COSTS; AND (3) MOTION FOR SERVICE PAYMENTS filed byJuanita Wynne, Dante Byrd. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Finberg, James) (Filed on 7/2/2008) (Entered: 07/02/2008)

July 2, 2008

July 2, 2008

90

Declaration of John Keane RE NOTICE PROCEDURES filed byJuanita Wynne, Dante Byrd. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Finberg, James) (Filed on 7/2/2008) (Entered: 07/02/2008)

July 2, 2008

July 2, 2008

91

Proposed Order CONFIRMING FINAL CERTIFICATION OF CLASS ACTION AND GRANTING FINAL APPROVAL TO CLASS ACTION SETTLEMENT AND CONSENT DECREE by Juanita Wynne, Dante Byrd. (Finberg, James) (Filed on 7/2/2008) (Entered: 07/02/2008)

July 2, 2008

July 2, 2008

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: May 11, 2006

Closing Date: 2013

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

All African Americans who since May 11, 2002 had been employed as non-management employees; and who had been denied positions in management or "front of the house."

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

McCormick & Schmick’s Seafood Restaurants, Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

42 U.S.C. § 1981

State law

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $2.1 million

Order Duration: 2008 - 2013

Issues

General:

Disparate Treatment

Pattern or Practice

Discrimination-area:

Hiring

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

Pay / Benefits

Promotion

Training

Discrimination-basis:

Race discrimination

Race:

Black