Case: Leonard v. Southtec, LLC

3:04-cv-00072 | U.S. District Court for the Middle District of Tennessee

Filed Date: Jan. 27, 2004

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On January 27, 2004, employees filed a lawsuit under under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., 42 U.S.C. § 1981, the Tennessee Human Rights Act, Tenn. Code Ann. § 4-21-01 et seq., and Tennessee state law concerning retaliatory discharge, Tenn. Code Ann. § 50-1-304, against their employer, Southtec LLC, an automotive supplier, in the United States District Court for the Middle District of Tennessee. The plaintiffs, represented by private counsel, alleged racial…

On January 27, 2004, employees filed a lawsuit under under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., 42 U.S.C. § 1981, the Tennessee Human Rights Act, Tenn. Code Ann. § 4-21-01 et seq., and Tennessee state law concerning retaliatory discharge, Tenn. Code Ann. § 50-1-304, against their employer, Southtec LLC, an automotive supplier, in the United States District Court for the Middle District of Tennessee. The plaintiffs, represented by private counsel, alleged racial discrimination and asked the court for injunctive relief, compensatory and punitive damages, and attorneys' fees. Specifically, plaintiffs contended that Southtec LLC had committed intentional and subjective discrimination in which employees and potential employees were discriminated against on the basis of race and national origin in hiring decisions, pay increases, promotion decisions, and in their working environment.

On October 15, 2004, the plaintiffs filed a motion to certify their class action claims and on September 8, 2005, the court (Judge John T. Nixon) granted class certification. The class consisted of all former, present, and future employees at the Southtec plant in Lebanon, Tennessee. Leonard v. Southtec, LLC., 2005 U.S. Dist. LEXIS 32751 (M.D. Tenn. 2005). On January 31, 2006, the Sixth Circuit Court of Appeals granted the defendant's petition for interlocutory appeal and vacated the district court's decision to grant class certification.

The parties subsequently reached a settlement. On March 2, 2007, the plaintiffs entered a settlement agreement and consent decree with the court. On May 15, 2007, the court issued a consent decree and a final order of class action settlement. The settlement class for purposes of monetary relief included all African-American and Hispanic individuals who applied for employment at Southtec's Lebanon, Tennessee facility from January 1, 2002, through the time of the settlement, but who were not hired or re-hired. The settlement class for purposes of equitable and declaratory relief consisted of all African-American and Hispanic individuals who were employed at Southtec's Lebanon, Tennessee facility at any time, for any length of time, between the commencement date and expiration of the decree. Additionally, the plaintiffs' counsel was awarded $315,000 in attorneys' fees and reimbursement of expenses. Overall, defendants agreed to pay $900,000, to not make hiring decisions on the basis of race or national origin, and to provide training prohibiting discrimination and harassment.

Summary Authors

Emily Kuznick (4/8/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4624650/parties/leonard-v-southtec-llc/


Judge(s)

Griffin, Juliet E. (Tennessee)

Guy, Ralph B. Jr. (Michigan)

McKeague, David William (Michigan)

Nixon, John Trice (Tennessee)

Sutton, Jeffrey S. (Ohio)

Attorneys(s) for Plaintiff

Fentonmiller, Laura C. (District of Columbia)

Gonzalez, Jerry (Tennessee)

Sanford, David W. (District of Columbia)

Attorneys(s) for Defendant

Frazier, Keith D. (Tennessee)

Harris, Jonathan O. (Tennessee)

Judge(s)

Griffin, Juliet E. (Tennessee)

Guy, Ralph B. Jr. (Michigan)

McKeague, David William (Michigan)

Nixon, John Trice (Tennessee)

Sutton, Jeffrey S. (Ohio)

Attorneys(s) for Plaintiff

Fentonmiller, Laura C. (District of Columbia)

Gonzalez, Jerry (Tennessee)

Sanford, David W. (District of Columbia)

Attorneys(s) for Defendant

Frazier, Keith D. (Tennessee)

Harris, Jonathan O. (Tennessee)

Documents in the Clearinghouse

Document

Docket

Leonard, et al v. Southtec, LLC, et al

May 15, 2007 Docket
46

Opinion

Leonard, et al v. Southtec, LLC, et al

2005 WL 2177013, 2005 U.S.Dist.LEXIS 32751

Sept. 8, 2005 Order/Opinion

Class Certification Vacated

Leonard, et al v. Southtec, LLC, et al

U. S. Court of Appeals for the Sixth Circuit

Jan. 31, 2006 Order/Opinion
87

Consent Decree and Settlement Agreement

Leonard, et al v. Southtec, LLC, et al

March 2, 2007 Settlement Agreement
96

Final Order of Class Action Settlement

Leonard, et al v. Southtec, LLC, et al

May 15, 2007 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4624650/leonard-v-southtec-llc/

Last updated May 20, 2022, 1:43 a.m.

ECF Number Description Date Link
46

ORDER granting 25 Motion to Certify Class Signed by Judge John T. Nixon on 9/1/05. (mk )

Sept. 8, 2005 RECAP
1

COMPLAINT (Summons(es) issued) Filing fee paid in the amount of : $150.00 Receipt # 96648, 96649, & 96650 (jb) (Entered: 02/03/2004)

Jan. 27, 2004
2

NOTICE of Initial Case Management Conference: ICMC set for 10:00 a.m. on 3/8/04 , Case referred to Magistrate Judge Juliet E. Griffin (jb) (Entered: 02/03/2004)

Jan. 27, 2004
3

RETURN OF SERVICE executed upon deft Southtec, LLC on 2/9/04 by certified mail (vh) (Entered: 02/18/2004)

Feb. 17, 2004
4

RETURN OF SERVICE executed upon deft L & W Engineering on 2/9/04 by certified mail (vh) (Entered: 02/18/2004)

Feb. 17, 2004
5

MOTION by defts to dismiss pltfs' class claims (vh) (Entered: 03/01/2004)

March 1, 2004
6

MEMORANDUM by defts in support of motion to dismiss pltfs' class claims [5-1] (vh) (Entered: 03/01/2004)

March 1, 2004

PROPOSED Initial Case Management Order submitted by pltf (vh) Modified on 03/05/2004 (Entered: 03/05/2004)

March 5, 2004
7

ANSWER by defts to [1-1] (vh) (Entered: 03/12/2004) shall have until 3/18/04 to file a response to the motion to dismiss pltfs' class claims [5-1]; defts shall have until 3/25/04 to file a reply; Jury trial is set for 9:00 a.m. on 11/15/05 before Judge Nixon; ; pretrial conference is set for 10:00 a.m. on 11/4/05 before Judge Nixon; proposed joint pretrial order ddl 10/28/05 ; by 10/14/05 the parties shall file any mtns in limine, any Daubert mtns and/or othr motions relating to expert testimony and any evidentiary objections to deposition testimony; ay responses to such mtns shall be filed by 10/125/05; by 10/28/05 the parties shall also exchange their lists of witnesses and exhibits, file their respective witness and exhibit lists and file a listing of all agreed stipulations. (cc: all counsel) EOD 3/16/04 (vh) (Entered: 03/16/2004)

March 11, 2004
9

RESPONSE by pltfs to motion to dismiss pltfs' class claims [5-1] (vh) (Entered: 03/19/2004)

March 18, 2004
10

REPLY BRIEF by defts in support of motion to dismiss pltfs' class claims [5-1] (vh) (Entered: 03/26/2004)

March 25, 2004

PROPOSED Initial Case Management Order (km) (Entered: 03/29/2004)

March 26, 2004
11

INITIAL CASE MANAGEMENT ORDER by Magistrate Judge Juliet E. Griffin: Discovery ddl set for 3/25/05; Dispositive mtns filing deadline set for 6/24/05, responses are to be filed within 31 days of the filing of any motion or by 7/25/05, replies are to be filed by 8/8/05 or within 2 weeks of the filing of the response. (EOD 3/30/04) (cc: all counsel) (km) (Entered: 03/30/2004)

March 29, 2004
12

ORDER by Magistrate Judge Juliet E. Griffin: Clerk is directed to forward the file in this case to Judge Nixon for his consideration of the defts' motion to dismiss [5-1]; terminating case referral to Magistrate Judge Juliet E. Griffin. (EOD 3/30/04) (cc: all counsel) (km) (Entered: 03/30/2004)

March 29, 2004
13

MOTION by pltfs for extension of time until 6/20/04 to respond to deft's first set of interrogatories and request for production (km) (Entered: 06/03/2004)

June 3, 2004
14

RESPONSE by deft Southtec, LLC, deft L & W Engineering to motion for extension of time until 6/20/04 to respond to deft's first set of interrogatories and request for production [13-1] (w/attached exhibits 1-5) (km) (Entered: 06/07/2004)

June 4, 2004
15

MOTION by pltfs for leave to file reply to defts' response to pltfs' motion for extension of time in which to respond to deft's first set of interrogatories and request for production (km) (Entered: 06/09/2004)

June 8, 2004
16

RESPONSE by defts to motion for leave to file reply to defts' response to pltfs' motion for extension of time in which to respond to deft's first set of interrogatories and request for production [15-1] (km) (Entered: 06/09/2004)

June 8, 2004
17

ORDER by Magistrate Judge Juliet E. Griffin granting nunc pro tunc to 5/10/04 motion for extension of time [13-1]; granting motion for leave to file reply [15- 1] inasmuch as the mtn was itself the reply and has already been filed. Both lawayers in this case shall attempt to refrain from unnecessarily and unproductively criticizing each other and shall attempt to communicate with and about each other in a civil and professional manner. EOD 7/1/04 (cc: all counsel) (gi) (Entered: 07/01/2004)

June 30, 2004
18

MEMORANDUM AND ORDER by Judge John T. Nixon denying motion to dismiss pltfs' class claims [5-1]. Pltfs shall have 10 days from the entry of this Order to file a motion explaining why no motion was filed and showing cause why an extension should be granted. (EOD 7/14/04) (cc: all counsel) (km) (Entered: 07/14/2004)

July 12, 2004
19

MOTION by pltfs to extend time for filing motion for class certification (w/attachments) (km) (Entered: 07/27/2004)

July 26, 2004
20

BRIEF by pltf in support of motion to extend time for filing motion for class certification [19-1] (w/attachments) (km) (Entered: 07/27/2004)

July 26, 2004
21

STIPULATION of the parties re medical records (km) (Entered: 08/10/2004)

Aug. 9, 2004
22

RESPONSE by defts Southtec, LLC and L & W Engineering to motion to extend time for filing motion for class certification [19-1] (km) (Entered: 08/12/2004)

Aug. 12, 2004
23

ORDER by Judge John T. Nixon granting motion to extend time for filing motion for class certification [19-1]. Said mtn to be filed by 10/15/04. EOD 8/22/04 (cc: all counsel) (gi) (Entered: 08/22/2004)

Aug. 20, 2004
24

ORDER by Judge John T. Nixon granting the pltf's motion for extension of time, pltfs shall have until 10/15/04 to file a motion for class certification. (cc: all counsel) EOD 8/25/04 (hv) (Entered: 08/25/2004)

Aug. 25, 2004
25

MOTION by pltfs to certify class action (exhibits 1) (hv) (Entered: 10/18/2004)

Oct. 15, 2004

PROPOSED Order to extend ddl for response to motion for class certification (hv) (Entered: 10/28/2004)

Oct. 27, 2004
26

AGREED ORDER by Judge John T. Nixon the response to motion to certify class action [25-1] will be due 11/15/04 (cc: all counsel) EOD 11/5/04 (hv) (Entered: 11/05/2004)

Nov. 5, 2004
27

RESPONSE by defts to motion to certify class action [25-1] (attached exhibits A-E) (hv) (Entered: 11/15/2004)

Nov. 15, 2004
28

ORDER by Judge John T. Nixon: Pltf's motion to certify class action [25-1] is set for a hearing at 1:30 on 5/26/05. EOD 5/10/05 (cc: all counsel) (dlt) (Entered: 05/10/2005)

May 10, 2005
29

ORDER by Judge John T. Nixon Hearing on motion to certify class action [25- 1] is continued from 5/26/05 to 2:00 6/2/05 (cc: all counsel) EOD 5/31/05 (hv) (Entered: 05/31/2005)

May 27, 2005
30

CLERK'S RESUME: hearing on motion to certify class action [25-1] held 6/2/05; order to enter. C/R : Charlotte Sloan (hv) (Entered: 06/03/2005)

June 2, 2005
32

MEMORANDUM by deft in support of motion for summary judgment as to Hollie Leonard [31-1] (hv) (Entered: 06/16/2005)

June 15, 2005
33

STATEMENT of undisputed material facts by deft in support of Motion for Summary Judgment as to Hollie Leonard [31-1] (hv) (Entered: 06/16/2005)

June 15, 2005
34

APPENDIX filed by defts in support of motion for summary judgment as to Hollie Leonard (hv) (Entered: 06/16/2005)

June 15, 2005
35

MOTION by defts for summary judgment as to Elmer Parker (hv) (Entered: 06/16/2005)

June 15, 2005
36

MEMORANDUM by defts in support of motion for summary judgment as to Elmer Parker [35-1] (hv) (Entered: 06/16/2005)

June 15, 2005
37

STATEMENT of undisputed material facts by deft in support of Motion for Summary Judgment as to Elmer Parker [35-1] (hv) (Entered: 06/16/2005)

June 15, 2005
38

APPENDIX filed by defts in support of Motion for Summary Judgment as to Elmer Parker (hv) (Entered: 06/16/2005)

June 15, 2005
39

MOTION for Summary Judgment as to pltf Pam Ward by Southtec, LLC, L & W Engineering Co.. Responses due by 7/18/2005 (hv, ) (Entered: 06/27/2005)

June 24, 2005
40

MEMORANDUM in Support of 39 MOTION for Summary Judgment filed by Southtec, LLC, L & W Engineering Co.. (hv) (Entered: 06/27/2005)

June 24, 2005
41

STATEMENT of undisputed material facts filed by Southtec, LLC, L & W Engineering Co. in support of 39 Motion for Summary Judgment as to pltf Pam Ward. (hv) (Entered: 06/27/2005)

June 24, 2005
42

APPENDIX filed by Southtec, LLC, L & W Engineering Co. re 39 Motion for Summary Judgment as to pltf Pam Ward. (Attachments: # 1 Exbibit 1 - Transcript# 2 Split Transcript (3) Exhibit Tab 2-7 (4) Exhibit Tab 8-9 (5) Exhibit Tab 10-12 (6) Exhibit Tab 13-15)(hv) (Entered: 06/27/2005)

June 24, 2005
43

MOTION for Extension of Time to File Response/Reply as to 31 Motion for Summary Judgment, 35 Motion for Summary Judgment, 39 MOTION for Summary Judgment by Hollie Leonard, Elmer Parker, Pamela Ward. Responses due by 8/4/2005 (Gonzalez, Jerry) (Entered: 07/18/2005)

July 18, 2005
44

MEMORANDUM in Support of 43 MOTION for Extension of Time to File Response/Reply as to 31 Motion for Summary Judgment, 35 Motion for Summary Judgment, 39 MOTION for Summary Judgment filed by Hollie Leonard, Elmer Parker, Pamela Ward. (Gonzalez, Jerry) (Entered: 07/18/2005)

July 18, 2005
45

RESPONSE in Opposition re 43 MOTION for Extension of Time to File Response/Reply as to 31 Motion for Summary Judgment, 35 Motion for Summary Judgment, 39 MOTION for Summary Judgment filed by Southtec, LLC, L & W Engineering Co.. (Attachments: # 1 Exhibit)(Rutchow, William) (Entered: 07/22/2005)

July 22, 2005
47

MOTION to Stay Pending the Outcome of Defendants' Petition to the Sixth Circuit Under Fed. R. Civ. P. 23(f) by Southtec, LLC, L & W Engineering Co.. Responses due by 10/27/2005 (Harris, Jonathan) (Entered: 10/10/2005)

Oct. 10, 2005
48

RESPONSE to Motion re 47 MOTION to Stay Pending the Outcome of Defendants' Petition to the Sixth Circuit Under Fed. R. Civ. P. 23(f) filed by Hollie Leonard, Elmer Parker, Pamela Ward. (Gonzalez, Jerry) (Entered: 10/11/2005)

Oct. 11, 2005
49

REPLY to Response to Motion re 47 MOTION to Stay Pending the Outcome of Defendants' Petition to the Sixth Circuit Under Fed. R. Civ. P. 23(f) Defendant's Reply Brief in Support of Motion to Stay filed by Southtec, LLC, L & W Engineering Co.. (Attachments: # 1 Exhibit June 10, 2004 Letter to opposing counsel# 2 Exhibit Unreported Cases)(Harris, Jonathan) (Entered: 10/12/2005)

Oct. 12, 2005
50

ORDER granting 47 MOTION to Stay Pending the Outcome of Defendants' Petition to the Sixth Circuit Under Fed. R. Civ. P. 23(f) filed by Southtec, LLC, L & W Engineering Co. Pretrial Conference (11/4/05) and trial (11/15/05) are CONTINUED. Case Mgt Conference set for 11/4/2005 10:00 AM in Courtroom 764 before Magistrate Judge Juliet Griffin. Signed by Judge Juliet Griffin on 10/25/05. (hv) (Entered: 10/25/2005)

Oct. 25, 2005

Minute Entry for proceedings held before Judge Juliet Griffin : Status Conference held on 11/7/2005 (orig. set for 11/4/05, but moved at request of plf's counsel, with deft's coun. agreement), order to enter. (Tape #G2005-173.) (jwc, ) (Entered: 11/07/2005)

Nov. 7, 2005
51

ORDER granting 43 Motion for Extension of Time to File Response/Reply to defts' 35 Motion for Summary Judgment, 31 Motion for Summary Judgment, 39 MOTION for Summary Judgment. Pltfs' Responses now due by 1/6/2006; Defts' Replies now due by 1/19/2006. Signed by Judge Juliet Griffin on 11/7/05. (hv) (Entered: 11/07/2005)

Nov. 7, 2005
52

RESPONSE in Opposition re 31 Motion for Summary Judgment by Defendants filed by Hollie Leonard. (Attachments: # 1 Exhibit Affidavit of Hollie Leonard# 2 Exhibit Affidavit of Pam Ward# 3 Exhibit 3-Affidavit of Elmer Parker# 4 Exhibit Leonard Termination Report# 5 Exhibit Email fm Russel to Davidson# 6 Exhibit Ward Termination Report# 7 Exhibit Kayne Story Application# 8 Exhibit Newspaper ad for receptionist# 9 Exhibit Ward separation notice# 10 Exhibit Leonard EEOC charge)(Gonzalez, Jerry) (Entered: 01/07/2006)

Jan. 7, 2006
53

MOTION for Leave to To File Responses re 41 Statement, 39 MOTION for Summary Judgment, 35 Motion for Summary Judgment, 33 Statement, 52 Response in Opposition to Motion,,, 31 Motion for Summary Judgment, 37 Statement by Hollie Leonard, Elmer Parker, Pamela Ward. Responses due by Hollie Leonard# 7 Exhibit Exhibit 2-Affidavit of Pam Ward# 8 Exhibit Exhibit 3-Affidavit of Elmer Parker# 9 Exhibit Exhibit 4-Leonard Termination Rprt# 10 Exhibit Exhibit 5-Email fm Russell to Davidson 02-24-03# 11 Exhibit Exhibit 6-Ward Termination Rpt# 12 Exhibit Exhibit 7-Kayne Story application.# 13 Exhibit Exhibit 8-Advertisement for receptionist# 14 Exhibit Exhibit 9-Ward Separation Notice# 15 Exhibit Exhibit 10-Leonard EEOC charge# 16 Exhibit Exhibit 11-Ward phone log# 17 Exhibit Exhibit 12-Parker EEOC charge# 18 Exhibit Exhibit 13-Sample of Southtec Handwritten application log# 19 Exhibit Exhibit 14-Sample of Southtec Typed application log# 20 Exhibit Exhibit 15- Sample of Southtec Typed application log-2004)(Gonzalez, Jerry) (Entered: 01/08/2006)

Jan. 8, 2006
54

ORDER granting 53 pltfs' Motion for Leave to File Late Responses; the deft shall have until 1/23/06 to file replies to pltfs' responses . Signed by Judge Juliet Griffin on 1/9/06. (hv) (Entered: 01/10/2006)

Jan. 9, 2006

Set/Reset Deadlines as to 35 Motion for Summary Judgment, 31 Motion for Summary Judgment, 39 MOTION for Summary Judgment. Replies due by 1/23/2006. (hv) (Entered: 01/10/2006)

Jan. 9, 2006
55

RESPONSE to 35 Motion for Summary Judgment filed by Elmer Parker. (Attachments: (1) Exhibit Leonard Termination Rpt (2) Exhibit Email from Russell to Davidson (3) Exhibit Ward Termination Rpt (4) Exhibit Kayne Story Application (5) Exhibit Advertisement for Receptionist (6) Exhibit Ward Separation Notice (7) Exhibit Leonard EEOC charge (8) Exhibit Ward phone log (9) Exhibit Parker EEOC charge (10) Exhibit Sample Southtec Handwitten Application Log (11) Exhibit Sample Southtec Typed Application Log (12) Exhibit Sample Southtec Typed Application Log 2004)(hv) (Entered: 01/10/2006)

Jan. 9, 2006
56

RESPONSE filed by Elmer Parker re 37 Statement filed by Southtec, LLC, L & W Engineering Co. (hv) (Entered: 01/10/2006)

Jan. 9, 2006
57

AFFIDAVIT of Elmer Parker by Elmer Parker. (hv) (Entered: 01/10/2006)

Jan. 9, 2006
58

RESPONSE to 39 MOTION for Summary Judgment filed by Pamela Ward. (Attachments: (1) Exhibit Leonard Termination Rpt (2) Exhibit Email from Russell to Davidson (3) Exhibit Ward Terminiation Rpt (4) Exhibit Kayne Story Application (5) Exhibit Advertisement for Receptionist (6) Exhibit Ward Separation Notice (7) Exhibit Leonard EEOC charge (8) Exhibit Ward Phone Log (9) Exhibit Parker EEOC charge (10) Exhibit Sample Southtec Handwritten Appication Log (11) Exhibit Sample Southtec Typed Application Log (12) Exhibit Sample Southtec Typed Application Log 2004)(hv) (Entered: 01/10/2006)

Jan. 9, 2006
59

RESPONSE filed by Pamela Ward re 41 Statement filed by Southtec, LLC, L & W Engineering Co. (hv) (Entered: 01/10/2006)

Jan. 9, 2006
61

RESPONSE filed by Hollie Leonard re 33 Statement filed by Southtec, LLC, L & W Engineering Co. (hv) (Entered: 01/10/2006)

Jan. 9, 2006
62

AFFIDAVIT of Hollie Leonard by Hollie Leonard. (hv) (Entered: 01/10/2006)

Jan. 9, 2006
63

REPLY to Response to Motion re 35 Motion for Summary Judgment as to Plaintiff Elmer Parker filed by Southtec, LLC, L & W Engineering Co.. (Attachments: # 1 Exhibit Unreported Case - Dotson v. Norfolk# 2 Exhibit Unreported Case - Durham v. RR Donnelly# 3 Exhibit Unreported Case - Evans v. Toys R Us# 4 Exhibit Unreported Case - Melton v. Five Four Corp# 5 Exhibit Unreported Case - Moore v. Total Sleep# 6 Exhibit Unreported Case - Paschall v. Henry County# 7 Exhibit Unreported Case - Romaniszak-Sanchez v. International# 8 Exhibit Unreported Case - Santiago v. Giant Food# 9 Exhibit Unreported Case - Thomas v. Coleman# 10 Exhibit Unreported Case - Ulmer v. Dana Corporation# 11 Exhibit Unreported Case - Watson v. Norton)(Frazier, Keith) (Entered: 01/13/2006)

Jan. 13, 2006
64

REPLY to Response to Motion re 31 Motion for Summary Judgment as to Plaintiff Hollie Leonard filed by Southtec, LLC, L & W Engineering Co.. (Attachments: # 1 Exhibit 1A - Leonard Deposition# 2 Exhibit 1B - Leonard Deposition (continued)# 3 Exhibit 1C - Leonard Deposition (continued)# 4 Chapman v AmSouth Bank# 5 Dotson v Norfolk# 6 Durham v R.R. Donnelley# 7 Evans v Toys R Us# 8 Henderson v Leroy Hill Coffee Co.# 9 Kahn v Dean & Fulkerson# 10 Khalifa v Crowell# 11 Melton v Five Four Corp.# 12 Merrill v Burke E. Porter Machinery# 13 Moore v Total Sleep Diagnostics# 14 Thomas v Coleman Enterprises# 15 Thomas v Union Institute# 16 Ulmer v Dana Corporation# 17 Vredevelt v. GEO Group# 18 Wofford v Middletown Tube)(Frazier, Keith) (Entered: 01/23/2006)

Jan. 23, 2006
65

REPLY to Response to Motion re 39 MOTION for Summary Judgment as to Pam Ward filed by Southtec, LLC, L & W Engineering Co.. (Attachments: # 1 Exhibit Ex. 1 - Plaintiff's Deposition - Part One# 2 Exhibit Ex. 1 - Deposition of Pam Ward - Part Two# 3 Exhibit Ex. 1 - Deposition of Pam Ward - Part Three# 4 Exhibit Ex. 1 - Deposition of Pam Ward - Part Four# 5 Exhibit Ex. 2 - Charge of Discrimination# 6 Exhibit Ex. 3 - Charge Information Form# 7 Exhibit Unreported Case# 8 Exhibit Unreported Case# 9 Exhibit Unreported Case# 10 Exhibit Unreported Case# 11 Exhibit Unreported Case# 12 Exhibit Unreported Case# 13 Exhibit Unreported Case - King v. Techumseh# 14 Exhibit Unreported Case - Lewis v. Weterhaeuser# 15 Exhibit Unreported Case - McElroy v. Philips# 16 Exhibit Unreported Case - Melton v. Five Four Corp.# 17 Exhibit Unreported Case - Merill v. Porter# 18 Exhibit Unreported Case - Merryman v. Central Parking# 19 Exhibit Unreported Case - Moore v. Total Sleep# 20 Exhibit Unreported Case - Sasse v. United States# 21 Exhibit Unreported Case - Scott v. Genuine Parts# 22 Exhibit Unreported Case - Thomas v. Union# 23 Exhibit Unreported Case - Ulmer v. Dana# 24 Exhibit Unreported Case - Vredevelt v. GEO Group# 25 Exhibit Unreported Case - White v. Simpson)(Harris, Jonathan) (Entered: 01/23/2006)

Jan. 23, 2006
67

MOTION for attorney David W. Sanford and Laura C. Fentonmiller to Appear Pro Hac Vice by Hollie Leonard, Elmer Parker, Pamela Ward. Responses due by 3/3/2006 (Gonzalez, Jerry) (PHV fee paid 2/21/06)Modified on 2/15/2006, 2/22/2006 (hv). (Entered: 02/14/2006)

Feb. 14, 2006
68

CERTIFICATE OF GOOD STANDING filed by Hollie Leonard, Elmer Parker, Pamela Ward. (Gonzalez, Jerry) (Entered: 02/14/2006)

Feb. 14, 2006
69

CERTIFICATE OF GOOD STANDING filed by Hollie Leonard, Elmer Parker, Pamela Ward. (Gonzalez, Jerry) (Entered: 02/14/2006)

Feb. 14, 2006
70

MOTION for an Order Scheduling a Judicial Settlement Conference by Southtec, LLC, L & W Engineering Co.. Responses due by 3/6/2006 (Attachments: # 1 Reeb v. Ohio Dept' of Rehabilitation)(Frazier, Keith) (Entered: 02/15/2006)

Feb. 15, 2006
71

ORDER: Telephone Status Conference set for 2/27/2006 02:00 PM before Magistrate Judge Juliet Griffin. Signed by Judge Juliet Griffin on 2/21/06. (hv) (Entered: 02/21/2006)

Feb. 21, 2006
72

RECEIPT #108848 in the amount of $150.00 posted by Hollie Leonard, Elmer Parker, Pamela Ward re 67 Motion to Appear Pro Hac Vice for Attys Sanford and Fentonmiller. (hv) (Entered: 02/22/2006)

Feb. 21, 2006
73

ORDER granting 67 Motion for David W. Sanford and Laura C. Fentonmiller to Appear Pro Hac Vice . Signed by Judge Juliet Griffin on 2/23/06. (hv) (Entered: 02/23/2006)

Feb. 23, 2006
74

RESPONSE in Opposition re 70 MOTION for an Order Scheduling a Judicial Settlement Conference filed by Hollie Leonard, Elmer Parker, Pamela Ward. (Gonzalez, Jerry) (Entered: 02/27/2006)

Feb. 27, 2006

Minute Entry for proceedings held before Judge Juliet Griffin : Telephone Status Conference held on 2/27/2006, order to enter. (jwc, ) (Entered: 03/01/2006)

Feb. 27, 2006
75

ORDER following 2/27/06 telephone conference: denying without prejudice 70 Motion to schedule a settlement conference, with leave to renew; pltfs will make a settlement demand by 3/6/06. Pltfs have until 3/29/06 to file a renewed motion for class certification, response ddl 20 days within the filing of the motion, reply ddl within 2 wks. Signed by Judge Juliet Griffin on 3/6/06. (hv) (Entered: 03/06/2006)

March 6, 2006
76

Joint MOTION for Extension of Time to File Renewed Motion for Class Certification by Hollie Leonard, Elmer Parker, Pamela Ward, Southtec, LLC, L & W Engineering Co.. Responses due by 4/6/2006 (Frazier, Keith) (Entered: 03/20/2006)

March 20, 2006
77

ORDER granting 76 Motion for Extension of Time to File Motion for Class Certification: extension granted until 4/28/06, response ddl within 20 days (5/18/06), reply ddl within 2 wks (6/1/06). By 4/21/06, the parties shall file a joint status report on settlement negotiations. Signed by Judge Juliet Griffin on 3/27/06. (hv) (Entered: 03/27/2006)

March 27, 2006
78

Joint MOTION report on the status of settlement discussion and Joint motion to postpone Plaintiffs' Deadline for Filing a Motion for Class Certification by Hollie Leonard, Elmer Parker, Pamela Ward, Southtec, LLC, L & W Engineering Co.. Responses due by 5/15/2006 (Frazier, Keith) (Entered: 04/28/2006)

April 28, 2006
79

ORDER granting 78 Motion to postpone the deadline for filing a motion for class recertification; the 4/28/06 ddl for class certification is extended pending participation in ADR. Signed by Judge Juliet Griffin on 5/1/06. (hv) (Entered: 05/01/2006)

May 1, 2006
80

REPORT of Mediation by Hollie Leonard, Elmer Parker, Pamela Ward, Southtec, LLC, L & W Engineering Co.(Frazier, Keith) (Entered: 05/17/2006)

May 17, 2006
81

ORDER: the parties shall notify the court by 6/5/06 of when the mediation is scheduled. Signed by Judge Juliet Griffin on 5/22/06. (hv) (Entered: 05/22/2006)

May 22, 2006
82

ORDER: Telephone Conference set for 9/1/2006 12:00 PM before Magistrate Judge Juliet Griffin. Signed by Judge Juliet Griffin on 6/6/06. (hv) (Entered: 06/07/2006)

June 6, 2006
83

ORDER: Telephone Conference reset for 10/2/2006 11:00 AM before Magistrate Judge Juliet Griffin. Signed by Judge Juliet Griffin on 9/1/06. (hv) (Entered: 09/01/2006)

Sept. 1, 2006

Minute Entry for proceedings held before Judge Juliet Griffin : Telephone Conference held on 10/2/2006. Order to enter. (jwc) (Entered: 10/02/2006)

Oct. 2, 2006
84

ORDER: as a result of the settlement, the defts' pending 31 35 39 Motions for Summary Judgment are rendered MOOT. Unless otherwise directed by the Court, there will be no further proceedings before the Magistrate Judge. Signed by Judge Juliet Griffin on 10/2/06. (hv) (Entered: 10/02/2006)

Oct. 2, 2006
85

Consent MOTION for Extension of Time to File Settlement Filings to the Court by Southtec, LLC, L & W Engineering Co.. (Harris, Jonathan) (Entered: 11/17/2006)

Nov. 17, 2006
86

Joint MOTION for Preliminary Approval of Proposed Consent Decree and Notice to Class by Hollie Leonard, Elmer Parker, Pamela Ward. (Attachments: # 1 Proposed Order Preliminarily Approving Settlement and Notice to Class)(Gonzalez, Jerry) (Entered: 03/02/2007)

March 2, 2007
87

SETTLEMENT AGREEMENT and CONSENT DECREE by Hollie Leonard, Elmer Parker, Pamela Ward. (Attachments: # 1 Appendix I-Mailed Notice to Class Members# 2 Appendix II-Class Member Verification Form# 3 Appendix III-Published Notice to Class Members)(Gonzalez, Jerry) (Entered: 03/02/2007)

March 2, 2007
89

NOTICE of Class Member Verification by Keasha Alexander (redacted for security; original in file) (hv) (Entered: 04/06/2007)

April 5, 2007
90

NOTICE by Hollie Leonard of Complying With Class Notice Provisions (Gonzalez, Jerry) (Entered: 04/12/2007)

April 12, 2007
91

MOTION for Attorney Fees and Expenses by Hollie Leonard, Elmer Parker, Pamela Ward. (Gonzalez, Jerry) (Entered: 04/12/2007)

April 12, 2007
92

MEMORANDUM in Support of 91 MOTION for Attorney Fees and Expenses filed by Hollie Leonard, Elmer Parker, Pamela Ward. (Gonzalez, Jerry) (Entered: 04/12/2007)

April 12, 2007
93

AFFIDAVIT re 91 MOTION for Attorney Fees and Expenses of Jerry Gonzalez,Class Counsel by Hollie Leonard, Elmer Parker, Pamela Ward. (Gonzalez, Jerry) (Entered: 04/12/2007)

April 12, 2007
94

PROPOSED ORDER OF DISMISSAL /FINAL APPROVAL OF CLASS SETTLEMENT filed by Hollie Leonard, Elmer Parker, Pamela Ward. (Gonzalez, Jerry) (Entered: 04/12/2007)

April 12, 2007
95

Minute Entry for proceedings held before Judge John T. Nixon : Class Settlement Hearing held on 4/13/2007. Settlement approved; atty to submit settlement order. (Court Reporter : Charlotte Sloan.) (hv) (Entered: 04/16/2007)

April 13, 2007
96

CONSENT DECREE AND FINAL ORDER OF CLASS ACTION SETTLEMENT: Plaintiffs' counsel are awarded $315,000 as attorneys' fees; class counsel is awarded reimbursement of expenses in the amount of $18,887.17 (see order for additional details). Signed by Judge John T. Nixon on 5/15/07. (hv) (Entered: 05/15/2007)

May 15, 2007
97

Docket entry no. 96 was entered on the docket in compliance with Rule 58 and/or Rule 79(a) FRCvP, on 5/15/07 by hv. (hv) (Entered: 05/15/2007)

May 15, 2007

State / Territory: Tennessee

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Private Employment Class Actions

Key Dates

Filing Date: Jan. 27, 2004

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Former, present, and future minority employees at the Southtec plant in Lebanon, Tennessee.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Southtec, LLC, et al, 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

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Hiring

Pay / Benefits

Promotion

Discrimination-basis:

Race discrimination

Race:

Race, unspecified

Affected Gender:

Female

Male