Case: Thomas v. Pemco Aeroplex, Inc.

2:99-cv-03280 | U.S. District Court for the Northern District of Alabama

Filed Date: Dec. 9, 1999

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On December 9, 1999, a group of thirty-six African American employees filed a lawsuit, under 42 U.S.C. §1981, 42 U.S.C. §1981A, Title VII of U.S.C. §2000e, and 42 U.S.C. §1988, against Pemco Aeroplex, Inc. seeking monetary and injunctive relief. The plaintiffs, represented by private counsel, claimed that they were victims of racial discrimination which created a hostile working environment. Debate over class certification ensued from 1999 to 2000. Ultimately, hearings on class certification…

On December 9, 1999, a group of thirty-six African American employees filed a lawsuit, under 42 U.S.C. §1981, 42 U.S.C. §1981A, Title VII of U.S.C. §2000e, and 42 U.S.C. §1988, against Pemco Aeroplex, Inc. seeking monetary and injunctive relief. The plaintiffs, represented by private counsel, claimed that they were victims of racial discrimination which created a hostile working environment.

Debate over class certification ensued from 1999 to 2000. Ultimately, hearings on class certification halted, and plaintiffs withdrew their class allegations and moved to file an amended complaint. On October 12, 2000, the EEOC attempted to consolidate EEOC v. Pemco Aeroplex, Inc. (Case #00-cv-02762) with this case, and consolidation was granted in part (discovery only) and denied in part (trial judgment). Meanwhile, the plaintiffs filed Second and Third Amended Complaints on February 21, 2001, and July 10, 2001, respectively. On February 15, 2002, the EEOC made a second attempt to consolidate the two cases; however, the Court (Hon. William M. Acker, Jr.) denied the motion.

Of the original thirty-six plaintiffs, only nine had claims remaining against the defendant.

On July 1, 2002, the nine prevailing plaintiffs were awarded $10,501 each in damages. On October 16, 2002, they were awarded $225,000 in attorneys' fees and expenses to be divided among their counsel.

Related Cases

EEOC v. Pemco Aeroplex, Northern District of Alabama (2000)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5315618/parties/thomas-v-pemco-aeroplex-inc/


Judge(s)

Acker, William Marsh Jr. (Alabama)

Attorney for Plaintiff

Agboola, Adedapo T (Alabama)

Anthony, Emory Jr. (Alabama)

Bender, Darryl (Alabama)

Attorney for Defendant

Allen, Mitchell G. (Alabama)

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Documents in the Clearinghouse

Document

2:99-cv-03280

DOCKET [PACER]

U.S. District Court for the Southern District of Alabama

March 31, 2004

March 31, 2004

Docket
39

2:99-cv-03280

Plaintiffs' Second Amended Complaint

Feb. 21, 2001

Feb. 21, 2001

Complaint
68

2:99-cv-03280

Plaintiffs' Third Amended Complaint

July 10, 2001

July 10, 2001

Complaint
202

2:99-cv-03280

Plaintiffs' Motion for Injunctive Relief

May 9, 2002

May 9, 2002

Pleading / Motion / Brief
214

2:99-cv-03280

Order (Summary Judgment, Injunctive Relief, Monetary Relief, Motions in Limine)

May 30, 2002

May 30, 2002

Order/Opinion
248

2:99-cv-03280

Order and Final Judgment (Monetary Awards, Dismissing Plaintiffs' Actions, Denying Pending Motions)

July 1, 2002

July 1, 2002

Order/Opinion
264

2:99-cv-03280

Order (Closing case)

Oct. 16, 2002

Oct. 16, 2002

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5315618/thomas-v-pemco-aeroplex-inc/

Last updated Aug. 19, 2025, 4:58 a.m.

ECF Number Description Date Link Date / Link
20

MEMORANDUM opinion filed ( by Judge William M. Acker Jr ) cm (DWC)

June 5, 2000

June 5, 2000

RECAP
53

MEMORANDUM opinion filed ( by Judge William M. Acker Jr ) cm (Former Employee)

June 4, 2001

June 4, 2001

RECAP
263

MEMORANDUM opinion filed ( by Judge William M. Acker Jr ) cm (Former Employee)

Oct. 16, 2002

Oct. 16, 2002

RECAP
277

MEMORANDUM opinion filed ( by Judge William M. Acker Jr ) cm (KAM)

March 31, 2004

March 31, 2004

RECAP

Case Details

State / Territory: Alabama

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 9, 1999

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

African American employees who were subjected to unlawful and discriminatory employment practices creating a hostile working environment at Pemco Aeroplex in Birmingham, AL.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Pemco Aeroplex, Inc. (Birmingham), Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Mixed

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $349,509

Issues

Discrimination Area:

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

Discipline

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Race discrimination

Affected Race(s):

Black