Case: Davis v. Kraft Foods North America Inc.

2:03-cv-06060 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Nov. 3, 2003

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On November 3, 2003, African-American employees of Kraft Foods filed a class action lawsuit against their employer in the United States District Court for the Eastern District of Pennsylvania. The plaintiffs alleged violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, and asked the court for class-wide injunctive relief, declaratory relief, and equitable financial relief. Specifically, the plaintiffs contended that Kraft had discriminated with regard to discipline and hir…

On November 3, 2003, African-American employees of Kraft Foods filed a class action lawsuit against their employer in the United States District Court for the Eastern District of Pennsylvania. The plaintiffs alleged violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, and asked the court for class-wide injunctive relief, declaratory relief, and equitable financial relief. Specifically, the plaintiffs contended that Kraft had discriminated with regard to discipline and hiring.

On January 31, 2006, the court (Judge Paul S. Diamond) denied the plaintiffs' motion for class certification, holding that the plaintiffs did not meet the typicality requirement. Davis v. Kraft Foods, 2006 WL 237512 (E.D. Pa. 2006). The court approved a preliminary settlement agreement on May 1, 2007. Kraft agreed to pay $1.325 million, which included $1,000 for each plaintiff, plus $3,000 for each plaintiff who was suspended and $10,000 for each plaintiff who was terminated. Kraft also agreed to purge their disciplinary records, monitor their disciplinary system better using tracking, and conduct employee surveys.

Summary Authors

Andrew Kline (5/2/2008)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4659420/parties/davis-v-kraft-foods-north-america-inc/


Judge(s)

Diamond, Paul Steven (Pennsylvania)

Attorneys(s) for Plaintiff

Carson, Shanon J. (Pennsylvania)

Coleman, William T. III (Pennsylvania)

D'Urso, Martin J. (Pennsylvania)

Roeltgen, Hadley Perkins (Pennsylvania)

Vance, Robert T. Jr. (Pennsylvania)

Whinston, Stephen A. (Pennsylvania)

Attorneys(s) for Defendant

King, Allan G. (Texas)

Malloy, Michele Halgas (Pennsylvania)

Walsh, Marguerite S. (Pennsylvania)

Judge(s)

Diamond, Paul Steven (Pennsylvania)

Attorneys(s) for Plaintiff

Carson, Shanon J. (Pennsylvania)

Coleman, William T. III (Pennsylvania)

D'Urso, Martin J. (Pennsylvania)

Roeltgen, Hadley Perkins (Pennsylvania)

Vance, Robert T. Jr. (Pennsylvania)

Whinston, Stephen A. (Pennsylvania)

Attorneys(s) for Defendant

King, Allan G. (Texas)

Malloy, Michele Halgas (Pennsylvania)

Walsh, Marguerite S. (Pennsylvania)

Documents in the Clearinghouse

Document

2:03-cv-06060

Docket

Dec. 31, 2007

Dec. 31, 2007

Docket
53

2:03-cv-06060

Opinion

Jan. 31, 2006

Jan. 31, 2006

Order/Opinion
66

2:03-cv-06060

Complaint

Davis v. Kraft Foods

June 30, 2006

June 30, 2006

Complaint
80

2:03-cv-06060

Opinion

Dec. 1, 2006

Dec. 1, 2006

Order/Opinion

2:03-cv-06060

Settlement

Davis v. Kraft Foods

April 17, 2007

April 17, 2007

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4659420/davis-v-kraft-foods-north-america-inc/

Last updated Aug. 25, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against KRAFT FOODS NORTH AMERICA, INC. ( Filing fee $ 150 receipt number 899042.), filed by DEBRA DAVIS.(ig, ) Modified on 11/4/2003 (ig, ). (Entered: 11/04/2003)

Nov. 3, 2003

Nov. 3, 2003

53

MEMORANDUM AND ORDER THAT PLAINTIFF'S MOTION FOR CLASS CERTIFICATION IS DENIED WITH PREJUDICE WITH RESPECT TO PLAINTIFF'S CLAIMS OF DISCRIMINATORY JOB CLASSIFICATION. PLAINTIFF'S MOTION FOR PARTIAL CLASS CERTIFICATION IS DENIED WITHOUT PREJUDICE WITH RESPECT TO PLAINTIFF'S CLAIMS OF DISCRIMINARTORY DISCIPLINE. DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S EXPERT REPORT IS DENIED AS MOOT TO THE EXTENT IT RELATES TO THOSE PORTIONS OF DR. CRAWFORD'S REPORT DEALING WITH PLAINTIFF'S JOB CLASSIFICATION CLAIMS. DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S EXPERT REPORT IS DENIED WITHOUT PREJUDICE TO THE EXTENT IT RELATES TO THOSE PORTIONS OF DR. CRAWFORD'S REPORT DEALING WITH PLAINTIFF'S CLAIMS OF DISPARATE DISCIPLINE. SIGNED BY JUDGE PAUL S. DIAMOND ON 1/31/06. (Attachments: # 1 order) 2/1/06 ENTERED AND COPIES MAILED, E-MAILED.(fdc)

1 order

View on PACER

Jan. 31, 2006

Jan. 31, 2006

RECAP

1 Summons Issued as to KRAFT FOODS NORTH AMERICA, INC.. Forwarded To: counsel on 12/03/03 (ig, ) Modified on 11/4/2003 (ig, ). (Entered: 11/04/2003)

Nov. 3, 2003

Nov. 3, 2003

2

ORDER THAT THIS CASE IS REASSIGNED FROM JUDGE WILLIAM H. YOHN TO JUDGE EDMUND V. LUDWIG FOR ALL FURTHER PROCEEDINGS. SIGNED BY MICHAEL E. KUNZ, CLERK OF COURT, ON 11/21/03. 11/21/03 ENTERED AND COPIES MAILED.(fdc) (Entered: 11/21/2003)

Nov. 21, 2003

Nov. 21, 2003

3

DEFENDANT, KRAFT FOODS NORTH AMERICA, INC.'S MOTION TO DISQUALIFY BERGER &MONTAGUE, P.C. FROM REPRESENTING PLAINTIFF, MEMORANDUM, CERTIFICATE OF SERVICE.(Attachments: # 1 memorandum# 2 proposed order)(fdc) (Entered: 11/24/2003)

Nov. 21, 2003

Nov. 21, 2003

4

STIPULATION AND ORDER THAT THE TIME FOR PLAINTIFF TO RESPOND TO DEFENDANT'S MOTION TO DISQUALIFY BERGER &MONTAGUE, P.C. FROM REPRESENTING PLAINTIFF IS EXTENDED AND SUCH RESPONSE IS NOW DUE ON OR BEFORE DECEMBER 12, 2003. SIGNED BY JUDGE EDMUND V. LUDWIG ON 12/12/03. 12/12/03 ENTERED AND COPIES MAILED.(fdc) (Entered: 12/12/2003)

Dec. 12, 2003

Dec. 12, 2003

5

PLAINTIFF DEBRA DAVIS' MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT'S MOTION TO DISQUALIFY BERGER &MONTAGUE, P.C. FROM REPRESENTING PLAINTIFF, CERTIFICATE OF SERVICE. (EXHIBITS IN PAPER FORM). (jpd, ) Additional attachment(s) added on 8/16/2007 (ke, ). Modified on 8/16/2007 (ke, ). (Entered: 12/15/2003)

Dec. 12, 2003

Dec. 12, 2003

6

NOTICE of Hearing: SCHEDULING CONFERENCE SET FOR 2/10/2004 11:30 AM IN JUDGE'S CHAMBERS BEFORE HONORABLE EDMUND V. LUDWIG. (Attachments: # 1 C A S E Managment Program)(kc, ) (Entered: 01/08/2004)

Jan. 8, 2004

Jan. 8, 2004

7

REPLY Brief in Further Support of Motion re 3 MOTION to Disqualify Counsel filed by KRAFT FOODS NORTH AMERICA, INC., Certificate of Service. (WALSH, MARGUERITE) Modified on 1/13/2004 (np). (Entered: 01/12/2004)

Jan. 12, 2004

Jan. 12, 2004

8

PLAINTIFF DEBRA DAVIS'S Sur−Reply in Opposition to Defendant's Motion to Disqualify Berger &Montague, P.C. from representing Plaintiff, Certificate of Service. (fdc) Additional attachment(s) added on 8/16/2007 (ke, ). (Entered: 01/29/2004)

Jan. 28, 2004

Jan. 28, 2004

9

ORDER THAT THE MOTION OF DEFENDANT KRAFT FOODS NORTH AMERICA, INC. TO DISQUALIFY BERGER &MONTAGUE, P.C. FROM ACTING AS COUNSEL TO PLAINTIFF DEBRA DAVIS AND OTHERS SIMILARLY SITUATED IS DENIED. SIGNED BY JUDGE EDMUND V. LUDWIG ON 4/13/04. 4/13/04 ENTERED AND COPIES MAILED. (fdc) (Entered: 04/13/2004)

April 13, 2004

April 13, 2004

10

NOTICE of Hearing: SCHEDULING CONFERENCE SET FOR 5/4/2004 11:00 AM IN JUDGE'S CHAMBERS ROOM 12614 BEFORE HONORABLE EDMUND V. LUDWIG. (kc, ) (Entered: 04/20/2004)

April 20, 2004

April 20, 2004

11

ORDER THAT BY FRIDAY, MAY 7, 2004, PLAINTIFF SHALL REQUEST, IN WRITING, PRODUCTION OF THE DEFENDANT'S HUMAN RESOURCES DATABASE, AND SHALL DESCRIBE IN DETAIL THE PARAMETERS OF THE DESIRED PRODUCTION. THIS REQUEST SHALL BE MADE SEPARATELY FROM ANY OTHER REQUEST FOR THE PRODUCTION OF DOCUMENTS AND THINGS THAT PLAINTIFF MAY MAKE. BY FRIDAY, MAY 14, 2004, DEFENDANT SHALL ADVISE, IN WRITING, WHETHER IT OBJECTS TO THE PARAMETERS OF THE PRODUCTION REQUESTED BY PLAINTIFF, AND SHALL ALSO ADVISE WHEN PRODUCTION OF NON−OBJECTED TO INFORMATION CAN BE MADE. A RULE 16 CONFERENCE WILL BE HELD ON WEDNESDAY, JULY 7, 2004 AT 11:30 AM. PRIOR TO THE CONFERENCE, PLAINTIFF SHALL MAKE A SETTLEMENT DEMAND OUTLINING BOTH MONETARY AND NON−MONETARY RELIEF. SIGNED BY JUDGE EDMUND V. LUDWIG ON 5/5/04. 5/5/04 ENTERED AND COPIES MAILED.(fdc) (Entered: 05/05/2004)

May 5, 2004

May 5, 2004

13

AMENDED NOTICE of Hearing: SCHEDULING CONFERENCE SET FOR 8/12/2004 11:00 AM (CHANGED FROM 7/7/2004)IN JUDGE'S CHAMBERS BEFORE HONORABLE EDMUND V. LUDWIG. (kc, ) (Entered: 07/01/2004)

July 1, 2004

July 1, 2004

14

ORDER THAT THIS CASE IS REASSIGNED FROM JUDGE EDMUND V. LUDWIG TO JUDGE PAUL S. DIAMOND FOR ALL FURTHER PROCEEDINGS SIGNED BY CLERK OF COURT MICHAEL E. KUNZ ON 8/9/04. 8/9/04 ENTERED AND COPIES MAILED AND FAXED.(stb, ) (Entered: 08/09/2004)

Aug. 9, 2004

Aug. 9, 2004

15

NOTICE of Cancellation of Hearing: SCHEDULING CONFERENCE SET FOR 8/12/2004 11:00 AM IS CANCELLED, THIS ACTION HAS BEEN REASSIGNED TO JUDGE PAUL S. DIAMOND. (kc, ) (Entered: 08/09/2004)

Aug. 9, 2004

Aug. 9, 2004

16

NOTICE of Hearing: STATUS CONFERENCE SET FOR 2/16/2005 09:30 AM IN JUDGE'S CHAMBERS BEFORE HONORABLE PAUL S. DIAMOND. (cdj, ) (Entered: 02/11/2005)

Feb. 11, 2005

Feb. 11, 2005

17

SCHEDULING ORDER. A FINAL PRETRIAL CONFERENCE IS SET FOR 8/10/2005 AT 10:00 AM IN COURTROOM BEFORE HONORABLE PAUL S. DIAMOND. DISCOVERY DUE BY 6/17/2005. MOTIONS DUE BY 7/25/2005. PLAINTIFF PRETRIAL MEMO DUE BY 7/21/2005. DEFENDANT PRETRIAL MEMO DUE BY 7/25/2005. TRIAL DATE SET FOR 8/16/2005 09:30 AM BEFORE HONORABLE PAUL S. DIAMOND. SIGNED BY JUDGE PAUL S. DIAMOND ON 2/15/05. 2/15/05 ENTERED AND COPIES E−MAILED AND FAXED.(fdc) (Entered: 02/15/2005)

Feb. 15, 2005

Feb. 15, 2005

18

ORDER THAT PLAINTIFF SHALL FILE AND SERVE UPON OPPOSING COUNSEL A MOTION TO COMPEL ADDRESSING THE TWO SUBJECTS RAISED IN TODAY'S CONFERENCE CALL BY 4:00 PM ON 3/31/05. SIGNED BY JUDGE PAUL S. DIAMOND ON 3/29/05. 3/29/05 ENTERED AND COPIES MAILED AND FAXED.(fdc) (Entered: 03/29/2005)

March 29, 2005

March 29, 2005

19

PLAINTIFF'S MOTION TO COMPEL DISCOVERY, MEMORANDUM, CERTIFICATE OF SERVICE.(fdc) Additional attachment(s) added on 4/4/2005 (fdc, ). (Entered: 04/01/2005)

March 31, 2005

March 31, 2005

20

Memorandum of Law in Opposition re 19 MOTION to Compel and Proposed Order filed by KRAFT FOODS NORTH AMERICA, INC., Certificate of Service. (MALLOY, MICHELE) Modified on 4/4/2005 (np). (Entered: 04/01/2005)

April 1, 2005

April 1, 2005

21

Exhibits Re: Memorandum of Law in Opposition re 19 MOTION to Compelfiled by KRAFT FOODS NORTH AMERICA, INC.. (MALLOY, MICHELE) Modified on 4/4/2005 (np). (Entered: 04/01/2005)

April 1, 2005

April 1, 2005

22

ORDER THAT PLAINTIFF'S MOTION TO COMPEL IS GRANTED IN PART AND DENIED IN PART. SIGNED BY JUDGE PAUL S. DIAMOND ON 4/4/05. 4/4/05 ENTERED AND COPIES E−MAILED AND FAXED. (fdc) (Entered: 04/04/2005)

April 4, 2005

April 4, 2005

23

STIPULATION AND ORDER THAT THE TIME FOR PLAINTIFF TO FILE AND SERVE THEIR MEMORANDUM OF LAW IN SUPPORT OF CLASS CERTIFICATION IS EXTENDED AND SUCH MEMORANDUM IS NOW DUE ON OR BEFORE 5/13/05; AND DEFENDANT SHALL FILE ITS MEMORANDUM OF LAW IN OPPOSITION TO CLASS CERTIFICATION ON OR BEFORE 5/31/05. SIGNED BY JUDGE PAUL S. DIAMOND ON 5/2/05. 5/2/05 ENTERED AND COPIES MAILED AND FAXED.(fdc) (Entered: 05/02/2005)

May 2, 2005

May 2, 2005

24

ORDER THAT ALL DISCOVERY IS DUE BY 5/31/2005. SIGNED BY JUDGE PAUL S. DIAMOND ON 5/12/05. 5/13/05 ENTERED AND COPIES E−MAILED.(fdc) (Entered: 05/13/2005)

May 13, 2005

May 13, 2005

26

STIPULATION AND AMENDED SCHEDULING ORDER. ALL FACT DISCOVERY SHALL BE COMPLETED WITHIN THIRTY (30) DAYS FOLLOWING THE COURT'S DECISION WITH RESPECT TO PLAINTIFF'S MOTION FOR CLASS CERTIFICATION. THE PARTIES SHALL DISCLOSE ALL EXPERT REPORTS WITHIN FOURTEEN (14) DAYS FOLLOWING THE CLOSE OF FACT DISCOVERY. THE PARTIES MAY ENGAGE IN EXPERT DISCOVERY FOR A PERIOD OF THIRTY (30) DAYS FOLLOWING THE DISCLOSURE OF EXPERT REPORTS, AS REQUIRED IN PARAGRAPH 2, ABOVE. ANY SUMMARY JUDGMENT MOTION OR OTHER DISPOSITIVE MOTION, TOGETHER WITH SUPPORTING BRIEF, SHALL BE FILED WITHIN FOURTEEN (14) DAYS FOLLOWING THE CLOSE OF EXPERT DISCOVERY. SIGNED BY JUDGE PAUL S. DIAMOND ON 6/6/05. 6/7/05 ENTERED AND COPIES MAILED AND FAXED.(fdc) (Entered: 06/07/2005)

June 7, 2005

June 7, 2005

27

PLAINTIFF'S MOTION FOR PARTIAL CLASS CERTIFICATION FOR THE PURPOSE OF INJUNCTIVE AND DECLARATORY RELIEF ONLY, MEMORANDUM, CERTIFICATE OF SERVICE.(fdc) Additional attachment(s) added on 6/17/2005 (fdc, ). (Entered: 06/15/2005)

June 14, 2005

June 14, 2005

28

ORDER THAT DEFENDANT MAY FILE ANY SUPPLEMENTAL BRIEF RELATED TO THE TESTIMONY OF DAVID MATTHEWS BY 9:00 A.M. ON 7/14/05; PLAINTIFF MAY FILE A RESPONSE BY 5:00 P.M. ON 7/12/05.. SIGNED BY JUDGE LEGROME D. DAVIS ON 6/23/05. 6/27/05 ENTERED AND COPIES E−MAILED.(afm, ) (Entered: 06/27/2005)

June 24, 2005

June 24, 2005

29

RESPONSE in Opposition re 27 MOTION to Certify Class and Motion to Stike Expert Report filed by KRAFT FOODS NORTH AMERICA, INC.. (MALLOY, MICHELE) (Entered: 06/28/2005)

June 28, 2005

June 28, 2005

30

Appendix to DEFENDANT KRAFT FOODS GLOBAL, INC.'S Memorandum of Law in Opposition to Class Certification and in Support of Motion to Strike Plaintiff's Expert Report. (fdc) (Entered: 06/29/2005)

June 28, 2005

June 28, 2005

31

SCHEDULING ORDER. DEFENDANT MAY FILE ANY SUPPLEMENTAL BRIEF RELATED TO THE TESTIMONY OF DAVID MATTHEWS BY 9:00 AM ON JULY 11, 2005. IF DEFENDANT FILES A SUPPLEMENTAL BRIEF PLAINTIFF MAY FILE A RESPONSE BY 5:00 PM ON JULY 12, 2005. ANY SUCH BRIEF SHALL BE RELATED SOLELY TO THE TESTIMONY OF DAVID MATTHEWS TO BE TAKEN ON JULY 7, 2005. ALL OTHER DATES ESTABLISHED BY THE MAY 12, 2005 SCHEDULING ORDER SHALL REMAIN IN EFFECT. THE JUNE 23, 2005 SCHEDULING ORDER IS HEREBY VACATED. SIGNED BY JUDGE PAUL S. DIAMOND ON 6/27/05. 6/29/05 ENTERED AND COPIES E−MAILED.(fdc) (Entered: 06/29/2005)

June 28, 2005

June 28, 2005

32

REPLY Memorandum in Support of Motion re 27 MOTION to Certify Class filed by DEBRA DAVIS, Certificate of Service. (COLEMAN, WILLIAM) Modified on 7/7/2005 (np, ). (Entered: 07/06/2005)

July 5, 2005

July 5, 2005

33

Plff's Memorandum in opposition to Deft's motion to strike report of Plff's expert, certificate of service. (sc, ) Additional attachment(s) added on 7/14/2005 (fdc, ). (Entered: 07/06/2005)

July 5, 2005

July 5, 2005

35

Corrected Reply Memorandum in Support of Plaintiff's Motion for Partial Class Certification for the Purpose of Injunctive and Declaratory Relief only, Certificate of Service. (fdc) Additional attachment(s) added on 7/14/2005 (np, ). (Entered: 07/07/2005)

July 6, 2005

July 6, 2005

36

MOTION for Leave to File Reply Memorandum in Further Support of Motion to Strike filed by KRAFT FOODS NORTH AMERICA, INC..Memorandum; Certificate of Service.(MALLOY, MICHELE) (Entered: 07/15/2005)

July 15, 2005

July 15, 2005

37

MOTION for Leave to File Sur−Reply Memorandum filed by KRAFT FOODS NORTH AMERICA, INC..Memorandum; Certificate of Service.(MALLOY, MICHELE) (Entered: 07/15/2005)

July 15, 2005

July 15, 2005

38

Supplemental Memorandum in Opposition re 27 MOTION to Certify Class filed by KRAFT FOODS NORTH AMERICA, INC., Certificate of Service. (WALSH, MARGUERITE) Modified on 7/26/2005 (np). (Entered: 07/25/2005)

July 25, 2005

July 25, 2005

39

Supplemental Memorandum in Support of Her 27 MOTION FOR PARTIAL CLASS CERTIFICATION FOR THE PURPOSE OF INJUNCTIVE AND DECLARATORY RELIEF ONLY , Certificate of Service. (CARSON, SHANON) Modified on 7/27/2005 (fh) (Entered: 07/26/2005)

July 26, 2005

July 26, 2005

40

PLAINTIFF DEBRA DAVIS' Exhibit re: 39 Supplemental Memorandum in Support of Her 27 MOTION FOR PARTIAL CLASS CERTIFICATION FOR THE PURPOSE OF INJUNCTIVE AND DECLARATORY RELIEF ONLY. (CARSON, SHANON) Modified on 7/27/2005 (fh) (Entered: 07/27/2005)

July 27, 2005

July 27, 2005

41

ORDER THAT AN ORAL ARGUMENT ON PLAINTIFF'S MOTION FOR CLASS CERTIFICATION AND DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S EXPERT REPORT IS SCHEDULED AT 9:30 AM ON 8/23/05. SIGNED BY JUDGE PAUL S. DIAMOND ON 8/3/05. 8/3/05 ENTERED AND COPIES E−MAILED.(fdc) (Entered: 08/03/2005)

Aug. 3, 2005

Aug. 3, 2005

42

ORDER THAT THE ORAL ARGUMENT IN THE ABOVE−CAPTIONED CASE IS RESCHEDULED TO 9/8/05 AT 2:00 PM. SIGNED BY JUDGE PAUL S. DIAMOND ON 8/12/05. 8/15/05 ENTERED AND COPIES E−MAILED.(fdc) (Entered: 08/15/2005)

Aug. 12, 2005

Aug. 12, 2005

43

MOTION for Leave to Appear Pro Hac Vice of Allan G. King filed by KRAFT FOODS NORTH AMERICA, INC..Affidavit of Allan G. King; Certificate of Service.(MALLOY, MICHELE) (Entered: 08/16/2005)

Aug. 16, 2005

Aug. 16, 2005

Filing Fee (Pro Hac Vice − Allan G. King): $ 40.00, receipt number 920069. (fdc) (Entered: 08/16/2005)

Aug. 16, 2005

Aug. 16, 2005

44

ORDER THAT DEFENDANT'S MOTION FOR ALLAN G. KING, ESQ. TO APPEAR PRO HAC VICE IS GRANTED. SIGNED BY JUDGE PAUL S. DIAMOND ON 8/16/05. 8/16/05 ENTERED AND COPIES MAILED AND FAXED. (fdc) Additional attachment(s) added on 8/16/2007 (ke, ). (Entered: 08/16/2005)

Aug. 16, 2005

Aug. 16, 2005

45

Minute Entry for Oral Argument held on 9/8/2005 before Judge Diamond. ESR/Court Reporter: John Stasny. (mbh, ) (Entered: 09/09/2005)

Sept. 8, 2005

Sept. 8, 2005

47

TRANSCRIPT of Hearing held on 9/8/05 at 2:10 pm before Judge Diamond. (fdc) (Entered: 09/13/2005)

Sept. 12, 2005

Sept. 12, 2005

46

Memorandum re 27 MOTION to Certify Class Plaintiff's Supplemental Memorandum Of Law In Support Of Class Certification filed by DEBRA DAVIS, Certificate of Service. (CARSON, SHANON) Modified on 9/14/2005

Sept. 13, 2005

Sept. 13, 2005

49

Plaintiff's Letter Brief In Further Support Of Class Certification filed by DEBRA DAVIS. (COLEMAN, WILLIAM) Modified on 12/19/2005 (cdd, ). (Entered: 12/16/2005)

Dec. 16, 2005

Dec. 16, 2005

50

Letter Re: RESPONSE in Opposition re 27 MOTION to Certify Class filed by KRAFT FOODS NORTH AMERICA, INC. (MALLOY, MICHELE) Modified on 12/27/2005 (np). (Entered: 12/23/2005)

Dec. 23, 2005

Dec. 23, 2005

51

EXHIBITS to Deft Kraft Foods Global, Inc.'s Letter Brief in response to Plff's opposition to motion to certify class.(sc, ) (Entered: 12/23/2005)

Dec. 23, 2005

Dec. 23, 2005

52

Plaintiff's Surreply Letter Brief Re: Alleged Conflict Issue And In Further Support Of Class Certification filed by DEBRA DAVIS. (CARSON, SHANON) Modified on 1/9/2006 (np). (Entered: 01/05/2006)

Jan. 5, 2006

Jan. 5, 2006

54

ORDER THAT THE CLERK OF COURT MARK THIS ACTION CLOSED FOR STATISTICAL PURPOSES AND PLACE THE MATTER IN THE CIVIL SUSPENSE FILE. SIGNED BY JUDGE PAUL S. DIAMOND ON 2/2/06. 2/3/06 ENTERED AND COPIES MAILED, E−MAILED.(gs) (Entered: 02/03/2006)

Feb. 3, 2006

Feb. 3, 2006

55

ORDER THAT PLAINTIFF'S REQUEST FOR AN EXTENSION OF TIME TO SECURE REPLACEMENT COUNSEL IS GRANTED. PLAINTIFF SHALL HAVE UNTIL 4/30/06 TO FIND REPLACEMENT COUNSEL TO REPRESENT HER IN THE CLASS PROCEEDINGS. SIGNED BY JUDGE PAUL S. DIAMOND ON 3/31/06. 4/3/06 ENTERED AND COPIES MAILED, E−MAILED.(fdc) (Entered: 04/03/2006)

April 3, 2006

April 3, 2006

56

STATUS REPORT Letter to Honorable William H. Yohn by DEBRA DAVIS. (Attachments: # 1)(COLEMAN, WILLIAM) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

57

NOTICE of Appearance by ROBERT T. VANCE, JR on behalf of DEBRA DAVIS (fdc, ) (Entered: 05/08/2006)

May 8, 2006

May 8, 2006

58

Entry of Appearance of MARTIN J. D'URSO, ESQ. on behalf of DEBRA DAVIS, Certificate of Service. (fdc) (Entered: 05/09/2006)

May 8, 2006

May 8, 2006

59

NOTICE of Hearing: STATUS CONFERENCE SET FOR 5/19/2006 02:00 PM IN JUDGE'S CHAMBERS BEFORE HONORABLE PAUL S. DIAMOND. (cj, ) (Entered: 05/11/2006)

May 11, 2006

May 11, 2006

60

NOTICE of Withdrawal of Appearance by SHANON J. CARSON on behalf of DEBRA DAVIS (CARSON, SHANON) (Entered: 05/11/2006)

May 11, 2006

May 11, 2006

61

ORDER THAT THE CLERK OF COURT TRANSFER SAID CASE FROM THE CIVIL SUSPENSE FILE TO THE CURRENT DOCKET FOR FINAL DISPOSITION. SIGNED BY JUDGE PAUL S. DIAMOND ON 5/11/06. 5/16/06 ENTERED AND COPIES MAILED, E−MAILED.(fdc) (Entered: 05/16/2006)

May 16, 2006

May 16, 2006

62

SCHEDULING ORDER THAT PLAINTIFF'S MOTION TO AMEND THE COMPLAINT TO ADD AN ADDITIONAL NAMED PLAINTIFF SHALL BE DUE FRIDAY, 5/26/06. DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION TO AMEND SHALL BE DUE MONDAY, 5/29/06. SIGNED BY JUDGE PAUL S. DIAMOND ON 5/19/06. 5/22/06 ENTERED AND COPIES MAILED, E−MAILED.(fdc) (Entered: 05/22/2006)

May 22, 2006

May 22, 2006

63

PLAINTIFF'S MOTION TO AMEND THE COMPLAINT. MEMORANDUM IN SUPPORT, PROPOSED ORDER, CERTIFICATE OF SERVICE.(tjd) (Entered: 05/30/2006)

May 26, 2006

May 26, 2006

64

RESPONSE to Motion re 63 MOTION to Modify /Amend the Complaint filed by KRAFT FOODS NORTH AMERICA, INC.. (MALLOY, MICHELE) (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

65

ORDER THAT PLAINTIFF'S UNOPPOSED MOTION TO AMEND THE COMPLAINT IS GRANTED. SIGNED BY JUDGE PAUL S. DIAMOND ON 5/31/06. 5/31/06 ENTERED AND COPIES MAILED, E−MAILED. (fdc) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

66

AMENDED COMPLAINT against KRAFT FOODS NORTH AMERICA, INC. , filed by FRANCENIA CANION, DEBRA DAVIS, CERTIFICATE OF SERVICE, Jury Demand.(jl, ) (Entered: 07/03/2006)

June 30, 2006

June 30, 2006

67

STIPULATION AND ORDER THAT DEFENDANT KRAFT FOODS NORTH AMERICA, INC. SHALL HAVE AN EXTENSION OF TIME UNTIL 7/28/2006 TO RESPOND TO PLAINTIFF'S AMENDED COMPLAINT.. SIGNED BY JUDGE PAUL S. DIAMOND ON 7/14/06. 7/17/06 ENTERED AND COPIES MAILED AND E−MAILED.(afm, ) (Entered: 07/17/2006)

July 14, 2006

July 14, 2006

68

ANSWER to Amended Complaint and Certificate of Service by KRAFT FOODS NORTH AMERICA, INC..(MALLOY, MICHELE) (Entered: 07/28/2006)

July 28, 2006

July 28, 2006

69

SCHEDULING ORDER. ORDER THAT PLAINTIFFS' UNOPPOSED REQUEST TO FILE A SUPPLEMENTAL MOTION FOR CLASS CERTIFICATION AND FOR A SCHEDULING ORDER IS GRANTED AS FOLLOWS: PLAINTIFF FRANCENIA CANION WILL BE DEPOSED ON OR BEFORE 9/15/06. WRITTEN DISCOVERY RELATING TO CLASS CERTIFICATION ISSUES SHALL BE COMPLETED ON OR BEFORE 9/15/06. PLAINTIFFS SHALL FILE A SUPPLEMENTAL MOTION FOR CLASS CERTIFICATION ON OR BEFORE 9/29/06. DEFENDANT SHALL RESPOND TO THE SUPPLEMENTAL MOTION FOR CLASS CERTIFICATION ON OR BEFORE 10/13/06. SIGNED BY JUDGE PAUL S. DIAMOND ON 8/10/06. 8/11/06 ENTERED AND COPIES MAILED, E−MAILED.(fdc) (Entered: 08/11/2006)

Aug. 10, 2006

Aug. 10, 2006

Set/Reset Deadlines: DISCOVERY DUE BY 9/15/2006. (fdc, ) (Entered: 08/11/2006)

Aug. 11, 2006

Aug. 11, 2006

70

NOTICE of Appearance by HADLEY PERKINS ROELTGEN on behalf of FRANCENIA CANION, DEBRA DAVIS with certificate of service (ROELTGEN, HADLEY) (Entered: 08/16/2006)

Aug. 16, 2006

Aug. 16, 2006

71

Supplemental Memorandum in Support of Motion for Class Certification filed by FRANCENIA CANION, DEBRA DAVIS and Certificate of Service. (Attachments: # Exhibit Part 1# Exhibit Exhibits 2# Exhibit Part 3# Exhibit Part 4# Exhibit Part 5# Exhibit Part 6) (ROELTGEN, HADLEY) Modified on 10/3/2006 (np). Additional attachment(s) added on 12/13/2006 (np, ). (Entered: 09/29/2006)

Sept. 29, 2006

Sept. 29, 2006

72

MOTION to Strike Portions of Plaintiffs' Supplemental Memorandum of Law in Support of Class Certification filed by KRAFT FOODS NORTH AMERICA, INC..Memorandum, Proposed Order, Certificate of Service.(MALLOY,

Oct. 13, 2006

Oct. 13, 2006

74

RESPONSE in Opposition re 72 MOTION to Strike Portions of Plaintiffs' Supplemental Memorandum of Law in Support of Class Certification filed by FRANCENIA CANION, DEBRA DAVIS. (Attachments: # 1 Exhibit)(ROELTGEN, HADLEY) (Entered: 10/27/2006)

Oct. 27, 2006

Oct. 27, 2006

75

REPLY to Response to Motion re 71 Supplemental Memorandum in Support of Motion for Class Certification filed by FRANCENIA CANION, DEBRA DAVIS. (ROELTGEN, HADLEY) (Entered: 10/27/2006)

Oct. 27, 2006

Oct. 27, 2006

76

ORDER THAT DEFENDANT SHALL PROVIDE THE COURT WITH A BRIEF ON THIS QUESTION (WHETHER TO RECONSIDER THE ORDER OF 5/18/05) BY 5 PM ON 11/1/06. PLAINTIFF SHALL RESPOND BY 5 PM ON 11/3/06. SIGNED BY JUDGE PAUL S. DIAMOND ON 11/1/06. 11/1/06 ENTERED AND COPIES MAILED, E−MAILED.(fdc) (Entered: 11/01/2006)

Nov. 1, 2006

Nov. 1, 2006

77

Letter Re: RESPONSE in Support re 72 MOTION to Strike Portions of Plaintiffs' Supplemental Memorandum of Law in Support of Class Certification filed by KRAFT FOODS NORTH AMERICA, INC.. (MALLOY, MICHELE) Modified on 11/2/2006 (np). (Entered: 11/01/2006)

Nov. 1, 2006

Nov. 1, 2006

78

Letter Brief in Response to Defendant's Letter Brief RE: RESPONSE in Opposition re 72 MOTION to Strike Portions of Plaintiffs' Supplemental Memorandum of Law in Support of Class Certification filed by FRANCENIA CANION, DEBRA DAVIS. (ROELTGEN, HADLEY) Modified on 11/6/2006 (np). (Entered: 11/03/2006)

Nov. 3, 2006

Nov. 3, 2006

79

Minute Entry for proceedings held before Judge PAUL S. DIAMOND : Status Conference held on 11/9/06. (fdc, ) (Entered: 11/09/2006)

Nov. 9, 2006

Nov. 9, 2006

81

SCHEDULING ORDER. ORDER THAT THE ORDER OF 11/20/06 IS HEREBY AMENDED. DEFENDANT SHALL FILE A SURREPLY BY 12/6/06. PLAINTIFF SHALL FILE A RESPONSE TO DEFENDANT'S SURREPLY BY 12/13/06. SIGNED BY JUDGE PAUL S. DIAMOND ON 12/1/06. 12/4/06 ENTERED AND COPIES MAILED, E−MAILED.(fdc) (Entered: 12/04/2006)

Dec. 4, 2006

Dec. 4, 2006

82

RESPONSE in Opposition re 71 Supplemental Memorandum in Support of Motion for Class Certification filed by KRAFT FOODS NORTH AMERICA, INC.. (Attachments: # 1 Exhibit A through D)(MALLOY, MICHELE) (Entered: 12/06/2006)

Dec. 6, 2006

Dec. 6, 2006

83

REPLY to Response to Motion re 71 Supplemental Memorandum in Support of Motion for Class Certification filed by FRANCENIA CANION, DEBRA DAVIS. (Attachments: # 1 Exhibit Exh. A# 2 Exhibit Exhs. B &C and COS)(ROELTGEN, HADLEY) (Entered: 12/13/2006)

Dec. 13, 2006

Dec. 13, 2006

84

Exhibits. Re: Plaintiff's Supplemental Memorandum in Support of Motion for Class Certification (Exhibits 7, 8, and 9 Filed under Seal). (fdc) (Entered: 12/14/2006)

Dec. 13, 2006

Dec. 13, 2006

86

TRANSCRIPT of Hearing held on 1/9/07 before Judge Diamond. (fdc) (Entered: 01/10/2007)

Jan. 10, 2007

Jan. 10, 2007

87

AMENDED SCHEDULING ORDER. THE SETTLEMENT CONFERENCE IS SET FOR 1/30/07 AT 1:30 PM IN JUDGE'S CHAMBERS BEFORE HONORABLE PAUL S. DIAMOND. SIGNED BY JUDGE PAUL S. DIAMOND ON 1/10/07. 1/12/07 ENTERED AND COPIES MAILED, E−MAILED.(fdc) (Entered: 01/12/2007)

Jan. 12, 2007

Jan. 12, 2007

88

Minute Entry for proceedings held before Judge PAUL S. DIAMOND : Settlement Conference held on 1/30/07. (fdc, ) (Entered: 01/31/2007)

Jan. 31, 2007

Jan. 31, 2007

89

ORDER THAT A SETTLEMENT CONFERENCE IS SET FOR 2/8/07 AT 9:30 AM IN JUDGE'S CHAMBERS BEFORE HONORABLE PAUL S. DIAMOND. SIGNED BY JUDGE PAUL S. DIAMOND ON 2/2/07. 2/2/07 ENTERED AND COPIES MAILED, E−MAILED.(fdc) (Entered: 02/02/2007)

Feb. 2, 2007

Feb. 2, 2007

90

ORDER THAT THE SETTLEMENT CONFERENCE IS RESCHEDULED FOR 2/20/07 AT 2:00 PM BEFORE HONORABLE PAUL S. DIAMOND. SIGNED BY JUDGE PAUL S. DIAMOND ON 2/6/07. 2/6/07 ENTERED AND COPIES E−MAILED.(fdc) (Entered: 02/06/2007)

Feb. 6, 2007

Feb. 6, 2007

91

ORDER THAT A SETTLEMENT CONFERENCE IS SET FOR 2/27/07 AT 2:00 PM BEFORE HONORABLE PAUL S. DIAMOND. SIGNED BY JUDGE PAUL S. DIAMOND ON 2/20/07. 2/21/07 ENTERED AND COPIES E−MAILED.(fdc) (Entered: 02/21/2007)

Feb. 21, 2007

Feb. 21, 2007

92

Minute Entry for proceedings held before Judge PAUL S. DIAMOND : Docket Call held on 2/20/07. (mas, ) (Entered: 02/21/2007)

Feb. 21, 2007

Feb. 21, 2007

93

ORDER THAT THE SETTLEMENT CONFERENCE IS RESCHEDULED FOR 3/8/07 AT 3:00 PM BEFORE HONORABLE PAUL S. DIAMOND. SIGNED BY JUDGE PAUL S. DIAMOND ON 2/26/07. 2/27/07 ENTERED AND COPIES MAILED, E−MAILED.(fdc) (Entered: 02/27/2007)

Feb. 27, 2007

Feb. 27, 2007

94

MOTION for Settlement Preliminary Approval filed by FRANCENIA CANION, DEBRA DAVIS.Memorandum, COS. (Attachments: # 1 Memorandum and COS# 2 Exhibit)(ROELTGEN, HADLEY) (Entered: 04/17/2007)

April 17, 2007

April 17, 2007

95

Withdrawal of Appearance by MARTIN J. D'URSO on behalf of FRANCENIA CANION, DEBRA DAVIS, Certificate of Service. (fdc) (Entered: 04/20/2007)

April 20, 2007

April 20, 2007

96

ORDER THAT THE MOTION FOR PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT WITH KRAFT FOODS NORTH AMERICA, INC. IS GRANTED. THE COURT WILL HOLD A HEARING ON 7/12/07 AT 9:30 AM IN COURTROOM 6B, BEFORE HONORABLE PAUL S. DIAMOND TO DETERMINE FAIRNESS, REASONABLENESS AND ADEQUACY OF THE PROPOSED SETTLEMENT WITH KRAFT. SIGNED BY JUDGE PAUL S. DIAMOND ON 4/30/07. 5/1/07 ENTERED AND COPIES MAILED.(fdc) Additional attachment(s) added on 5/17/2007 (fdc, ). (Entered: 05/01/2007)

May 1, 2007

May 1, 2007

97

MOTION FOR FINAL APPORVAL OF PROPOSED SETTLEMENT WITH KRAFT FOODS NORTH AMERICA, INC. AND FOR FINAL APPROVAL OF PLAINTIFFS' PROPOSED PLAN FOR DISTRIBUTION OF SETTLEMENT FUNDS filed by FRANCENIA CANION, DEBRA DAVIS, MEMORANDUM, , Certificate of Service. (Attachments: # 1 Exhibit)(ROELTGEN, HADLEY) Modified on 5/22/2007 (fh) (Entered: 05/21/2007)

May 21, 2007

May 21, 2007

98

APPLICATION for Attorney Fees and Costs filed by FRANCENIA CANION, DEBRA DAVIS, MEMORANDUM, CERTIFICATE OF SERVICE.(Attachments: # 1 Exhibit Exhibit A# 2 Affidavit Exhibit B)(ROELTGEN, HADLEY) Modified on 5/22/2007 (fh, ). (Entered: 05/21/2007)

May 21, 2007

May 21, 2007

99

Declaration re 97 MOTION FOR FINAL APPORVAL OF PROPOSED SETTLEMENT WITH KRAFT FOODS NORTH AMERICA, INC. AND FOR FINAL APPROVAL OF PLAINTIFFS' PROPOSED PLAN FOR DISTRIBUTION OF SETTLEMENT FUNDS by FRANCENIA CANION, DEBRA DAVIS. (ROELTGEN, HADLEY) (Entered: 07/05/2007)

July 5, 2007

July 5, 2007

100

SCHEDULING ORDER THAT THE COURT WILL HOLD A HEARING ON 7/19/07 AT 9:30 AM IN COURTROOM 6B BEFORE HONORABLE PAUL S. DIAMOND. SIGNED BY JUDGE PAUL S. DIAMOND ON 7/9/07. 7/9/07 ENTERED AND COPIES MAILED, E−MAILED.(fdc) (Entered: 07/09/2007)

July 9, 2007

July 9, 2007

101

Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by KRAFT FOODS NORTH AMERICA, INC..(MALLOY, MICHELE) (Entered: 07/10/2007)

July 10, 2007

July 10, 2007

102

ORDER THAT THE ORAL ARGUMENT HAS BEEN RESCHEDULED FOR FRIDAY, 7/27/07 AT 11:00 AM IN COURTROOM BEFORE HONORABLE PAUL S. DIAMOND. SIGNED BY JUDGE PAUL S. DIAMOND ON 7/19/07. 7/20/07 ENTERED AND COPIES E−MAILED AND FAXED BY CHAMBERS.(fdc) (Entered: 07/20/2007)

July 19, 2007

July 19, 2007

103

AFFIDAVITS in Support of 98 Application, by FRANCENIA CANION and DEBRA DAVIS with Certificate of Service. (Attachments: # 1 Affidavit # 2 Affidavit)(ROELTGEN, HADLEY) Modified on 7/27/2007 (le, ). (Entered: 07/26/2007)

July 26, 2007

July 26, 2007

104

Minute Entry for proceedings held before Judge PAUL S. DIAMOND : FAIRNESS HEARING held on 7/27/07. (jl, ) (Entered: 07/27/2007)

July 27, 2007

July 27, 2007

Case Details

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 3, 2003

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All African-American hourly employees who worked at the Kraft Philadelphia bakery from November 3, 1999 to December 31, 2006.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Kraft Foods, Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Expungement of Employment Record

Monitoring

Recordkeeping

Utilize objective hiring/promotion criteria

Issues

General:

Pattern or Practice

Discrimination-area:

Discipline

Hiring

Discrimination-basis:

Race discrimination

Race:

Black

Affected Gender:

Female

Male