Case: Houston v. Cintas Corporation

3:05-cv-03145 | U.S. District Court for the Northern District of California

Filed Date: Aug. 3, 2005

Clearinghouse coding complete

Case Summary

On August 3, 2005, two employees filed a class action complaint against their employer, Cintas Corporation, under 42 U.S.C. § 1981 and under the California Unfair Business Practices Act, Business and Professions Code § 17200 et seq., in the United States District Court for the Northern District of California. The plaintiffs, represented by private counsel, alleged racial discrimination. They asked the court for declaratory, injunctive, and equitable monetary relief, as well as compensatory a…

On August 3, 2005, two employees filed a class action complaint against their employer, Cintas Corporation, under 42 U.S.C. § 1981 and under the California Unfair Business Practices Act, Business and Professions Code § 17200 et seq., in the United States District Court for the Northern District of California. The plaintiffs, represented by private counsel, alleged racial discrimination. They asked the court for declaratory, injunctive, and equitable monetary relief, as well as compensatory and punitive damages, equitable remedies of accounting, restitution and disgorgement, and an award of costs, expenses, and attorneys' fees. Specifically, the plaintiffs alleged that Cintas had engaged in a company-wide pattern and practice of employment discrimination, both intentional and systemic, on the basis of race, against them and a class of similarly situated African-American employees, former employees, and applicants who sought management positions in Cintas' Rental Division. The alleged discriminatory practices included discrimination in hiring, promotion, and compensation for management positions on a class-wide basis.

On August 31, 2005, the court officially consolidated the case with Ramirez et al v. Cintas Corporation, a related case also in the United States District Court for the Northern District of California in which the plaintiffs filed their fourth amended complaint on August 3, 2005.

On December 29, 2005, arbitration began following the court's order. On August 16, 2006, the Arbitrator found that the arbitration agreements permitted class arbitration. On November 22, 2006, the court (Judge Jeffrey S. White) denied Cintas' petition and motion to vacate the arbitration award, and ordered the parties to submit joint status reports. Ramirez v. Cintas Corporation, 2006 WL 3388628, (N.D. Cal. 2006).

Both parties continued to submit joint status reports following an court order on May 24, 2006.

Summary Authors

Emily Kuznick (4/10/2008)

Related Cases

Ramirez v. Cintas Corporation, Northern District of California (2004)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5730612/parties/houston-v-cintas-corporation/


Judge(s)

White, Jeffrey Steven (California)

Attorneys(s) for Plaintiff

Baller, Morris J. (California)

Eberle, Betty (Wisconsin)

Entin, Scott A. (Illinois)

Jaramillo, Joseph E. (California)

Legenza, Sharon K. (Illinois)

Libman, Robert S (District of Columbia)

Maldonado, Nancy L. (Illinois)

Mills, Heather Marie (California)

Rabin, Nina Avny (California)

Judge(s)

White, Jeffrey Steven (California)

Attorneys(s) for Plaintiff

Baller, Morris J. (California)

Eberle, Betty (Wisconsin)

Entin, Scott A. (Illinois)

Jaramillo, Joseph E. (California)

Legenza, Sharon K. (Illinois)

Libman, Robert S (District of Columbia)

Maldonado, Nancy L. (Illinois)

Mills, Heather Marie (California)

Rabin, Nina Avny (California)

Siskind, Sarah (Wisconsin)

Steele, Roberta L. (California)

Strauss, Paul Leonard (Illinois)

Attorneys(s) for Defendant

Abell, Nancy L. (California)

Atkinson, Mark W. (California)

Baca, Elena (California)

Deng, Joseph W. (California)

Geier, Jon A. (District of Columbia)

Morgan, Heather A. (California)

O'Neill, Maureen (Georgia)

Rowe, Rachael (Ohio)

Womack, Michael (Ohio)

Documents in the Clearinghouse

Document

3:05-cv-03145

Docket

Jan. 28, 2010

Jan. 28, 2010

Docket
1-2

3:05-cv-03145

Complaint

Aug. 3, 2005

Aug. 3, 2005

Complaint
126

3:04-00281

Order Relating Cases

Ramirez v. Cintas Corporation

Aug. 31, 2005

Aug. 31, 2005

Order/Opinion
176

3:04-00281

Answer to Complaint

Ramirez v. Cintas Corporation

2005 WL 3606752

Nov. 28, 2005

Nov. 28, 2005

Pleading / Motion / Brief
23

3:05-cv-03145

3:04-00281

Order (Denying Petition to Vacate Arbitration Award)

2006 WL 3388628

Nov. 22, 2006

Nov. 22, 2006

Order/Opinion
27

3:05-cv-03145

Status Report

Feb. 22, 2008

Feb. 22, 2008

Pleading / Motion / Brief
38

3:05-cv-03145

Order (Granting Unopposed Motion for Approval of Dismissal, without Prejudice and without Notice)

2009 U.S.Dist.LEXIS 33704

April 3, 2009

April 3, 2009

Order/Opinion
254

3:05-cv-03145

3:04-00281

Joint Stipulation of Dismissal of Plaintiffs' Remaining Claims with Prejudice & Order

Ramirez v. Cintas Corporation & Houston v. Cintas Corporation

2010 WL 1221558

Jan. 28, 2010

Jan. 28, 2010

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5730612/houston-v-cintas-corporation/

Last updated May 20, 2022, 1:41 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL against Cintas Corporation ( Filing fee $ 250.00, receipt number 4411398.). Filed byLarry Houston, Clifton E. Cooper. (aaa, Court Staff) (Filed on 8/3/2005) Additional attachment(s) added on 8/9/2005 (gba, COURT STAFF). (Entered: 08/08/2005)

Aug. 3, 2005

Aug. 3, 2005

12

ORDER GRANTING Stipulation to Relate cases. Signed by Judge Jeffrey S. White on September 19, 2005. (jswlc3, COURTSTAFF) (Filed on 9/20/2005)

Sept. 20, 2005

Sept. 20, 2005

RECAP
14

ORDER GRANTING 13 Stipulation Extending Date By Which Defendant Must Answer or Otherwise Plead to the Complaint. Signed by Judge Jeffrey S. White on 9/21/05. (jjo, COURT STAFF) (Filed on 9/21/2005)

Sept. 21, 2005

Sept. 21, 2005

RECAP
2

ADR SCHEDULING ORDER: Case Management Statement due by 11/28/2005. Case Management Conference set for 12/2/2005 01:30 PM. Signed by Magistrate Judge Joseph C. Spero on 08/03/05. (Attachments: # 1 Standing Order)(aaa, Court Staff) (Filed on 8/3/2005) (Entered: 08/08/2005)

Aug. 3, 2005

Aug. 3, 2005

CASE DESIGNATED for Electronic Filing. (aaa, Court Staff) (Filed on 8/3/2005) (Entered: 08/08/2005)

Aug. 3, 2005

Aug. 3, 2005

18

ORDER 17 Stipulation re Stay of Claims Pending Arbitration. Signed by Judge Jeffrey S. White on November 22, 2005. (jswlc3, COURTSTAFF) (Filed on 11/22/2005)

Nov. 22, 2005

Nov. 22, 2005

RECAP
4

DEMAND for Trial by Jury by Larry Houston, Clifton E. Cooper. (gba, COURT STAFF) (Filed on 8/5/2005) (Entered: 08/09/2005)

Aug. 5, 2005

Aug. 5, 2005

19

ORDER REQUIRING JOINT STATUS REPORTS. Signed by Judge Jeffrey S. White on May 24, 2006. (jswlc3, COURTSTAFF) (Filed on 5/24/2006)

May 24, 2006

May 24, 2006

RECAP
23

ORDER DENYING Petition and Motion to Vacate Arbitration Award. Signed by Judge Jeffrey S. White on November 22, 2006. (jswlc3, COURT STAFF) (Filed on 11/22/2006)

Nov. 22, 2006

Nov. 22, 2006

RECAP
3

CLERK'S NOTICE TO PLAINTIFF RE: Consent to Proceed before a U.S. Magistrate Judge. Form due by AUG. 23, 2005. (klh, COURT STAFF) (Filed on 8/9/2005) (Entered: 08/09/2005)

Aug. 9, 2005

Aug. 9, 2005

37

ORDER REQUESTING SUPPLEMENTAL BRIEFING RE: UNOPPOSED MOTION FOR APPROVAL OF DISMISSAL WITHOUT PREJUDICE AND WITHOUT NOTICE, OF PUTATIVE CLASS CLAIMS. Signed by Judge Jeffrey S. White on 3/18/09. (jjo, COURT STAFF) (Filed on 3/18/2009)

March 18, 2009

March 18, 2009

RECAP
5

Declination to Proceed Before a U.S. Magistrate Judge by Cintas Corporation and Request for Reassignment to a United States District Judge . (Abell, Nancy) (Filed on 8/23/2005) (Entered: 08/23/2005)

Aug. 23, 2005

Aug. 23, 2005

38

ORDER by Judge Jeffrey S. White GRANTING 32 Motion to Dismiss Without Prejudice Putative Class Claims. (jswlc3, COURT STAFF) (Filed on 4/3/2009)

April 3, 2009

April 3, 2009

RECAP
6

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (kcw, COURT STAFF) (Filed on 8/23/2005) Additional attachment(s) added on 8/23/2005 (kcw, COURT STAFF). (Entered: 08/23/2005)

Aug. 23, 2005

Aug. 23, 2005

7

ORDER REASSIGNING CASE. Case reassigned to Judge Charles R. Breyer for all further proceedings. Judge Joseph C. Spero no longer assigned to case. Signed by EXECUTIVE COMMITTEE on 8/24/05. (ha, COURT STAFF) (Filed on 8/24/2005) (Entered: 08/24/2005)

Aug. 24, 2005

Aug. 24, 2005

41

ORDER OF ADMINISTRATIVE CLOSURE. Signed by Judge Jeffrey S. White on September 25, 2009. (jswlc3, COURT STAFF) (Filed on 9/25/2009)

Sept. 25, 2009

Sept. 25, 2009

RECAP
8

CLERK'S NOTICE Case Management Conference reset for 12/2/2005 08:30 AM. (Attachments: # 1 Order Setting Case Management Conference# 2 Standing Order) (be, COURT STAFF) (Filed on 8/24/2005) (Entered: 08/24/2005)

Aug. 24, 2005

Aug. 24, 2005

9

WAIVER OF SERVICE Returned Executed filed by Larry Houston. Service waived by Cintas Corporation waiver sent on 8/9/2005, answer due 10/11/2005. Nancy L. Abell (Steele, Roberta) (Filed on 8/25/2005) (Entered: 08/25/2005)

Aug. 25, 2005

Aug. 25, 2005

10

CERTIFICATE OF SERVICE by Larry Houston Re: Clerk's Notice, Reassignment Order, Order Setting Case Management Conference and Standing Orders (Steele, Roberta) (Filed on 8/25/2005) (Entered: 08/25/2005)

Aug. 25, 2005

Aug. 25, 2005

11

ORDER RELATING CASE. Case reassigned to Judge Jeffrey S. White for all further proceedings.. Signed by Judge Jeffrey S. White on 9/19/05. (jjo, COURT STAFF) (Filed on 9/19/2005) (Entered: 09/19/2005)

Sept. 19, 2005

Sept. 19, 2005

13

STIPULATION And [Proposed] Order Extending Date By Which Defendant Must Answer Or Otherwise Plead To The Complaint by Larry Houston. (Steele, Roberta) (Filed on 9/21/2005) (Entered: 09/21/2005)

Sept. 21, 2005

Sept. 21, 2005

15

**INCORRECT ENTRY − PLEASE SEE DOCKET NO. 16 FOR CORRECT ENTRY** INITIAL SCHEDULING CONFERENCE ORDER: Case Management Conference set for 12/5/2005 01:30 PM. Case Management Statement due by 11/23/2005.. Signed by Judge Jeffrey S. White on 10/3/05. (jjo, COURT STAFF) (Filed on 10/3/2005) Modified on 10/3/2005 (jjo, COURT STAFF). (Entered: 10/03/2005)

Oct. 3, 2005

Oct. 3, 2005

16

INITIAL SCHEDULING CONFERENCE ORDER: Case Management Conference set for 12/2/2005 01:30 PM. Case Management Statement due by 11/23/2005.. Signed by Judge Jeffrey S. White on 10/3/05. (jjo, COURT STAFF) (Filed on 10/3/2005) (Entered: 10/03/2005)

Oct. 3, 2005

Oct. 3, 2005

17

STIPULATION AND [PROPOSED] ORDER RE: STAY OF PLAINTIFFS' CLAIMS PENDING ARBITRATION by Cintas Corporation. (Abell, Nancy) (Filed on 11/22/2005) (Entered: 11/22/2005)

Nov. 22, 2005

Nov. 22, 2005

20

STATUS REPORT (JOINT) OF THE PARTIES REGARDING THE STATUS OF THE CLAIMS ON WHICH ARBITRATION WAS COMPELLED by Larry Houston, Clifton E. Cooper. (Strauss, Paul) (Filed on 6/28/2006) (Entered: 06/28/2006)

June 28, 2006

June 28, 2006

21

Brief Plaintiffs' Motion To File Additional Authority In Support Of Opposition To Defendants Motion To Vacate Arbitration Award filed byLarry Houston. (Attachments: # 1 Exhibit Order Clarifying Clause Construction Award)(Jaramillo, Joseph) (Filed on 10/24/2006) (Entered: 10/24/2006)

Oct. 24, 2006

Oct. 24, 2006

22

STATUS REPORT Joint Status Report Of The Parties Regarding The Status Of The Claims On Which Arbitration Was Compelled by Larry Houston. (Jaramillo, Joseph) (Filed on 10/27/2006) (Entered: 10/27/2006)

Oct. 27, 2006

Oct. 27, 2006

24

STATUS REPORT Joint Status Report Of The Parties Regarding The Status Of The Claims On Which Arbitration Was Compelled by Larry Houston. (Jaramillo, Joseph) (Filed on 2/28/2007) (Entered: 02/28/2007)

Feb. 28, 2007

Feb. 28, 2007

25

STATUS REPORT Joint Status Report of the Parties re Status of the Claims on which Arbitration was Compelled by Larry Houston. (Jaramillo, Joseph) (Filed on 6/27/2007) (Entered: 06/27/2007)

June 27, 2007

June 27, 2007

26

STATUS REPORT Joint Status Report Of The Parties Regarding The Status Of The Claims On Which Arbitration Was Compelled by Larry Houston. (Jaramillo, Joseph) (Filed on 10/25/2007) (Entered: 10/25/2007)

Oct. 25, 2007

Oct. 25, 2007

27

STATUS REPORT JOINT STATUS REPORT OF THE PARTIES REGARDING THE STATUS OF THE CLAIMS ON WHICH ARBITRATION WAS COMPELLED by Cintas Corporation. (Abell, Nancy) (Filed on 2/22/2008) (Entered: 02/22/2008)

Feb. 22, 2008

Feb. 22, 2008

28

STATUS REPORT Joint Status Report Of The Parties Regarding The Status Of The Claims On Which Arbitration Was Compelled by Larry Houston, Clifton E. Cooper. (Jaramillo, Joseph) (Filed on 6/20/2008) (Entered: 06/20/2008)

June 20, 2008

June 20, 2008

29

STATUS REPORT Report Of The Parties Regarding The Status Of The Claims On Which Arbitration Was Compelled by Larry Houston, Clifton E. Cooper. (Jaramillo, Joseph) (Filed on 10/17/2008) (Entered: 10/17/2008)

Oct. 17, 2008

Oct. 17, 2008

31

NOTICE of Voluntary Dismissal Notice Of Unopposed Motion And Motion For Approval Of Dismissal, Without Prejudice And Without Notice, Of Putative Class Claims Of Plaintiffs Robert Ramirez, Jose Salcedo, Larry Houston, Clifton E. Cooper, James Morgan, And A. Shappelle Thompson by Larry Houston (Mills, Heather) (Filed on 3/2/2009) (Entered: 03/02/2009)

March 2, 2009

March 2, 2009

32

MOTION to Dismiss Notice Of Unopposed Motion And Motion For Approval Of Dismissal, Without Prejudice And Without Notice, Of Putative Class Claims Of Plaintiffs Robert Ramirez, Jose Salcedo, Larry Houston, Clifton E. Cooper, James Morgan, And A. Shappelle Thompson filed by Larry Houston. Motion Hearing set for 4/24/2009 09:00 AM in Courtroom 11, 19th Floor, San Francisco. (Mills, Heather) (Filed on 3/2/2009) (Entered: 03/02/2009)

March 2, 2009

March 2, 2009

33

Brief re 32 MOTION to Dismiss Notice Of Unopposed Motion And Motion For Approval Of Dismissal, Without Prejudice And Without Notice, Of Putative Class Claims Of Plaintiffs Robert Ramirez, Jose Salcedo, Larry Houston, Clifton E. Cooper, James Morgan, And A. Sha filed byLarry Houston. (Attachments: # 1 Proposed Order)(Related document(s) 32 ) (Mills, Heather) (Filed on 3/2/2009) (Entered: 03/02/2009)

March 2, 2009

March 2, 2009

34

Declaration of Heather M. Mills in Support of 33 Brief, Unopposed Motion To Approve Dismissal, Without Prejudice And Without Notice, Of Putative Class Claims Of Plaintiffs Robert Ramirez, Jose Salcedo, Larry Houston, Clifton E. Cooper, James Morgan, And A. Shappelle Thompson filed byLarry Houston. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 33 ) (Mills, Heather) (Filed on 3/2/2009) (Entered: 03/02/2009)

March 2, 2009

March 2, 2009

35

STIPULATION re 33 Brief, JOINT STIPULATION OF DISMISSAL OF PLAINTIFF A. SHAPPELLE THOMPSONS INDIVIDUAL CLAIMS WITH PREJUDICE AND HIS PUTATIVE CLASS CLAIMS ON BEHALF OF CERTAIN CURRENT AND FORMER AFRICAN AMERICAN EMPLOYEES WITHOUT PREJUDICE AND [PROPOSED] ORDER by Larry Houston. (Mills, Heather) (Filed on 3/2/2009) (Entered: 03/02/2009)

March 2, 2009

March 2, 2009

36

Statement of Non−Opposition re 31 Notice of Voluntary Dismissal, Defendant Cintas Corporation's Statement of Non−Opposition to Plaintiffs' Unopposed Motion to Approve Dismissal, Without Prejudice and Without Notice, of Putative Class Claims of Plaintiffs Robert Ramirez, Jose Salcedo, Larry Houston, Clifton E. Cooper, James Morgan, and A. Shappelle Thompson filed byCintas Corporation. (Related document(s) 31 ) (Abell, Nancy) (Filed on 3/2/2009) (Entered: 03/02/2009)

March 2, 2009

March 2, 2009

39

RESPONSE to re 37 Order Cintas Corporation's Response to Request for Supplemental Briefing on Dismissal, Without Prejudice and Without Notice, of Putative Class Claims by Cintas Corporation. (Abell, Nancy) (Filed on 4/3/2009) (Entered: 04/03/2009)

April 3, 2009

April 3, 2009

40

STATUS REPORT Joint Status Report of the Parties Regarding the Status of the Claims on Which Arbitration Was Compelled by Clifton E. Cooper, Larry Houston. (Jaramillo, Joseph) (Filed on 6/19/2009) (Entered: 06/19/2009)

June 19, 2009

June 19, 2009

43

ORDER GRANTING (42 in 3:05−cv−03145−JSW) Stipulation OF DISMISSAL OF PLAINTIFFS' REMAINING CLAIMS WITH PREJUDICE, (254 in 3:04−cv−00281−JSW) Stipulation OF DISMISSAL OF PLAINTIFFS' REMAINING CLAIMS WITH PREJUDICE. Signed by Judge Jeffrey S. White on 1/28/10. (jjo, COURT STAFF) (Filed on 1/28/2010) (Entered: 01/28/2010)

Jan. 28, 2010

Jan. 28, 2010

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Key Dates

Filing Date: Aug. 3, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

African American employees

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

Cintas Corporation, Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Settlement

Unknown

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Pattern or Practice

Discrimination-area:

Hiring

Promotion

Discrimination-basis:

Race discrimination

Race:

Black

Affected Gender:

Female

Male