Case: McClain v. Lufkin Industries

9:97-cv-00063 | U.S. District Court for the Eastern District of Texas

Filed Date: Feb. 26, 1997

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On February 26, 1997, African American employees of Lufkin Industries filed this lawsuit in the United States District Court for the Eastern District of Texas. The plaintiffs sued under 42 U.S.C. § 1981 and Title VII of the Civil Rights Act against their employer. The plaintiffs, represented by private counsel, sought declaratory and equitable relief, attorneys' fees and costs, an injunction, and any other appropriate equitable relief. The plaintiffs claimed that they were discriminated against…

On February 26, 1997, African American employees of Lufkin Industries filed this lawsuit in the United States District Court for the Eastern District of Texas. The plaintiffs sued under 42 U.S.C. § 1981 and Title VII of the Civil Rights Act against their employer. The plaintiffs, represented by private counsel, sought declaratory and equitable relief, attorneys' fees and costs, an injunction, and any other appropriate equitable relief. The plaintiffs claimed that they were discriminated against on the basis of race in hiring, job assignments, training, evaluations, promotions, demotions, discipline, compensation, lay-offs, recalls, rehires, terminations, and other terms and conditions of employment.

On October 22, 1997, Judge Thad Heartfield denied the defendant's motion to dismiss. The Court stated that the plaintiffs should have the chance to do discovery related to their claims. The parties engaged in discovery over the next two years. In 1998, the case was reassigned to Judge Howell Cobb.

Judge Cobb granted the plaintiffs' motion for class certification on March 31, 1999. The class was certified as: "All Black persons employed for any period of time by defendant Lufkin Industries on or after March 6, 1994, to date, whose compensation, remuneration, benefits, job assignments, promotional opportunities, career advancement and other terms and conditions of employment have been, may have been, or may become, adversely affected by defendant Lufkin Industries' past or present systems of administering hiring, wages, salaries, job assignments, training, evaluations, promotions, demotions, terminations, layoffs, recalls, and rehires." 187 F.R.D. 267 (E.D. Tex. 1999).

In July 2000, the court held a bench trial before Judge Cobb. The parties presented testimony and evidence at the trial. After the trial, the parties agreed to stay the case while they attempted mediation. After three years, mediation proved unsuccessful and the plaintiffs reopened the case, filing their second amended complaint on March 28, 2003.

On July 11, 2003, the Court granted the defendant's motion to dismiss the disparate treatment class claims to the extent that disparate treatment claims, if asserted, would be severed from this case. The Court also ruled on various discovery motions from both parties, denying the defendant's motion to transfer the case to a different court for trial and denying the plaintiffs' motion to bifurcate the trial.

The Court denied the plaintiffs' motion to reconsider the dismissal of disparate treatment class claims on August 1, 2003. The Court denied the plaintiffs' motion primarily because the Court had never certified a disparate treatment class, and the Court had provided mechanisms by which the plaintiffs could individually pursue disparate treatment claims.

The parties entered a stipulation regarding the geographic scope of the class, which the Court signed on October 27, 2003. The stipulation modified the original class certification so that only employees working at the defendant's Angelina County, Texas, facilities were eligible for the class.

The Court denied the defendant's motion to amend the class certification to exclude salaried employees on October 30, 2003. On the same day, the Court denied the defendant's motion for partial summary judgment.

On November 18, 2003, the Court denied three unions' motions to intervene as of right as defendants. The unions (the International Association of Machinists & Aerospace Workers; the Glass, Molders, Pottery, Plastics, & Allied Workers International Union; and the International Association of Boilermakers) had filed their motions only 34 days before the trial. Thus, the Court found that the unions' motion failed the timeliness requirement of Rule 24(a)(2).

On August 31, 2004, the United States Court of Appeals for the Fifth Circuit affirmed the District Court's denial of the motion to intervene. McClain v. Lufkin Industries, 108 Fed. Appx. 176 (5th Cir. 2004).

The Court filed a memorandum and order serving as its findings of fact and conclusions of law after a bench trial on January 13, 2005. McClain v. Lufkin Industries, 2005 U.S.Dist.LEXIS 42545 (E.D. Tex. Jan. 13, 2005). The Court again found that the plaintiffs had satisfied the requirements for class certification and that the plaintiffs had sufficiently exhausted their administrative remedies. The Court enjoined Lufkin Industries against racially-biased assignment and promotion practices. The Court also ordered Lufkin to pay back pay to employees who had been discriminated against. The defendants appealed this decision.

The Court granted in part and denied in part Lufkin Industries' motion to amend and make additional findings of fact on February 14, 2005. The Court did amend its judgment to award pre-judgment interest at the rate of 5% instead of 10% on the back pay, but the Court denied the remainder of the defendant's requests.

On August 29, 2005, the Court amended its final judgment and concluded that the plaintiffs were entitled to back pay and injunctive relief. The Court also awarded the plaintiffs attorneys' fees and costs. The Court denied without prejudice the plaintiffs' motion for a supplemental award of attorneys' fees, costs, and expenses on September 19, 2005. In 2015, Judge Cobb passed away, and the case was reassigned to Judge Ron Clark.

After considering the defendants' appeal, on February 29, 2008, the Fifth Circuit Court of Appeals affirmed in part, reversed in part, and vacated and remanded in part, the District Court's judgment in favor of the plaintiffs. McClain v. Lufkin Industries, 519 F.3d 264 (5th Cir. 2008). The Fifth Circuit (Circuit Judges Edith H. Jones, Patrick E. Higginbotham, and Edith Brown Clement) vacated the District Court's judgment insofar as it held the defendant liable for discriminatorily assigning newly hired African Americans to a certain division. However, the Fifth Circuit affirmed the District Court's judgment regarding the defendant's liability for its discriminatory promotional practices.

The parties filed their final joint status report on back pay issues on March 31, 2009. The parties had resolved some issues on their own, but several issues remained that needed to be resolved by the Court.

On April 2, 2009, Judge Clark issued an order regarding attorneys' fees. 2009 U.S.Dist.LEXIS 27983 (Apr. 2, 2009, E.D. Tex.). The Court found that the plaintiffs were the prevailing party even though a final judgment on the merits had not been entered. As such, the Court ordered the defendants to pay the plaintiffs $4,740,195.80 for attorneys' fees and $932,603.84 in litigation related expenses through January 1, 2009. Further, the Court ordered the defendant to pay the plaintiffs $140,562.26 in taxable costs.

On April 7, 2009, Judge Clark approved the parties' proposal to appoint Industrial Organizational Psychologist Dr. Michael Campion to review the defendant's promotion policies, procedures, and practices to address and remedy the Court's findings of unlawful subjectivity in promotions.

Judge Clark issued an order regarding damages on June 19, 2009. The parties had already agreed that damages should be awarded for the time period between 1996 and 2002 in the amounts of $1,901,417 for hourly employees and $128,055 for salaried employees. The Court found that damages must also be awarded for the time period from 2003-04. The Court also ordered the plaintiffs to file a brief outlining their claim for hourly promotion discrimination between 2005-07.

Judge Clark denied the defendant's motion for partial summary judgment on June 19, 2009. In light of previous rulings in the case, the Court refused to find that the defendant did not discriminate when promoting employees to, and within, salaried positions or that damages and injunctive relief were barred.

The defendant appealed the Court's award of attorneys' fees and costs to the plaintiffs. However, the Fifth Circuit dismissed the appeal on August 28, 2009, because it did not qualify under the collateral order doctrine because the award would be reviewable on appeal after the District Court entered a final judgment. McClain v. Lufkin Industries, 342 Fed. Appx. 974 (5th Cir. 2009).

Judge Clark issued an injunction to partially remedy the discrimination found earlier by the Court on December 18, 2009. 2009 WL 5814125 (Dec. 18, 2009, E.D. Tex.). The injunction: (1) appointed an outside ombudsperson to monitor compliance, investigate complaints, and report to the Court; (2) required compliance with certain promotion procedures; (3) outlined testing protocols for determining promotions; (4) imposed training requirements; and, (5) imposed reporting and internal monitoring requirements. The Order remained in effect for five years after the date of its entry (December 18, 2009).

Judge Clark issued an order regarding monetary relief on December 22, 2009. 2009 U.S.Dist.LEXIS 125630 (Dec. 22, 2009, E.D. Tex.). The Court awarded $3,269,845 in back pay (plus pre-judgment interest) and appointed a third-party administrator to administer the funds.

The Court issued its final judgment on January 15, 2010. 2010 WL 455351 (Jan. 15, 2010, E.D. Tex.). The defendants were ordered to pay $3,269,848 in back pay; $2,218,421.48 in pre-judgment interest; and post-judgment interest was to be calculated at the rate of 0.41%. The order also governed the allocation of payments to the plaintiffs and again outlined the payments due to the plaintiffs' attorneys.

On November 14, 2011, the Supreme Court denied certiorari review. The defendants were also denied rehearing and therefore the court proceeded to implement the December 2009 injunction.

After implementing the injunction, the district court held periodic status conferences with the parties in an attempt to narrow the disputed issues and to identify areas of agreement. When the parties reached agreements on certain other issues related to the scope and terms of injunctive relief, the court would amend the injunction to reflect those stipulations.

On December 21, 2011, Judge Clark entered the first amended injunction. A third amended injunction came on December 19, 2012 and a fourth on July 17, 2013. The injunction expired pursuant to its own terms on December 19, 2014. The case is now closed.

Summary Authors

Haley Waller (9/28/2010)

Lakshmi Gopal (2/22/2016)

Eva Richardson (12/23/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4683445/parties/mcclain-v-lufkin-industries/


Judge(s)

Clark, Ron (Texas)

Clement, Edith Brown (Louisiana)

Cobb, Howell (Texas)

Dennis, James L. (Louisiana)

Garza, Emilio M. (Texas)

Heartfield, Thad (Texas)

Higginbotham, Patrick Errol (Texas)

Jones, Edith Hollan (Texas)

King, Carolyn Dineen (Texas)

Owen, Priscilla Richman (Texas)

Judge(s)

Clark, Ron (Texas)

Clement, Edith Brown (Louisiana)

Cobb, Howell (Texas)

Dennis, James L. (Louisiana)

Garza, Emilio M. (Texas)

Heartfield, Thad (Texas)

Higginbotham, Patrick Errol (Texas)

Jones, Edith Hollan (Texas)

King, Carolyn Dineen (Texas)

Owen, Priscilla Richman (Texas)

Smith, Jerry Edwin (Texas)

Attorneys(s) for Plaintiff

Baller, Morris J. (California)

Burrell, Darci E. (California)

Chan, Lin Yee (California)

Dardarian, Linda M. (California)

Demchak, Teresa (California)

Garrigan, Timothy Borne (Texas)

Jain, Meetali (New Jersey)

Konecky, Joshua Geoffrey (California)

Rabin, Nina Avny (California)

Attorneys(s) for Defendant

Bacon, Christopher V. (Texas)

Ferber, Amy S. (Texas)

Hamel, Douglas E. (Texas)

Mahoney, Michelle (Texas)

Other Attorney(s)

Carona, J. Donald Jr. (Texas)

Forsman, Wade A. (Texas)

Satter, Mimi C. (New York)

Tanner, Rod (Texas)

Expert/Monitor/Master

Butler, Allen (Texas)

Drogin, Richard PhD (California)

Martell, Richard F. Ph.D. (Montana)

Documents in the Clearinghouse

Document

9:97-cv-00063

Docket

Sept. 18, 2015

Sept. 18, 2015

Docket
19

9:97-cv-00063

ORDER (denying dismissal)

Oct. 22, 1997

Oct. 22, 1997

Order/Opinion
89

9:97-cv-00063

MEMORANDUM OPINION

187 F.R.D. 267

March 31, 1999

March 31, 1999

Order/Opinion
170

9:97-cv-00063

SECOND AMENDED SUPPLEMENTAL COMPLAINT

March 28, 2003

March 28, 2003

Complaint
174

9:97-cv-00063

DEFENDANT’S AMENDED ANSWER

April 8, 2003

April 8, 2003

Pleading / Motion / Brief
202

9:97-cv-00063

DEFENDANT LUFKIN INDUSTRIES’ OBJECTION TO TRIAL IN BEAUMONT AND MOTION TO TRANSFER CASE TO LUFKIN FOR TRIAL

July 3, 2003

July 3, 2003

Pleading / Motion / Brief
205

9:97-cv-00063

ORDER (dismissing disparate treatment class claims)

July 11, 2003

July 11, 2003

Order/Opinion
219

9:97-cv-00063

DEFENDANT'S RESPONSE TO PLAINTIFFS' MOTION TO RECONSIDER ORDER DISMISSING DISPARATE TREATMENT CLASS CLAIMS

July 28, 2003

July 28, 2003

Pleading / Motion / Brief
220

9:97-cv-00063

Report on the Impact of Personnel Policies, Procedures and Practice on Racial Disparities at LUFKIN INDUSTRIES, INC.

July 29, 2003

July 29, 2003

Monitor/Expert/Receiver Report
220

9:97-cv-00063

STATISTICAL ANALYSIS OF RACIAL PATTERNS IN LUFKIN WORKFORCE

July 29, 2003

July 29, 2003

Monitor/Expert/Receiver Report

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4683445/mcclain-v-lufkin-industries/

Last updated Aug. 8, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

Original Complaint filed (former empl) (Entered: 02/26/1997)

Feb. 26, 1997

Feb. 26, 1997

PACER
2

In compliance with Article One of the Civil Justice Expense and Delay Reduction Plan, and after a review of the pleadings, this action has been assigned to track 3 for case management purposes. (former empl) (Entered: 02/26/1997)

Feb. 26, 1997

Feb. 26, 1997

PACER
3

Demand for jury trial by Sylvester McClain, Buford Thomas (djh) (Entered: 03/03/1997)

March 3, 1997

March 3, 1997

PACER
4

Return of service executed as to Lufkin Industries 3/3/97 Answer due on 3/24/97 for Lufkin Industries (djh) (Entered: 03/05/1997)

March 5, 1997

March 5, 1997

PACER
5

Answer to pltf's orig cmplt by Lufkin Industries (Mailed track assignment form.) (former empl) (Entered: 03/21/1997)

March 21, 1997

March 21, 1997

PACER
6

Notice of disclosure by Lufkin Industries (djh) (Entered: 04/21/1997)

April 21, 1997

April 21, 1997

PACER
7

Notice of disclosure by Sylvester McClain, Buford Thomas (djh) (Entered: 04/23/1997)

April 23, 1997

April 23, 1997

PACER
8

MOTION by Sylvester McClain and Buford Thomas for leave to file first amended complaint (djh) (Entered: 05/14/1997)

May 14, 1997

May 14, 1997

PACER
9

Motion by Lufkin Industries to dismiss class action claims . (former empl) (Entered: 06/09/1997)

June 9, 1997

June 9, 1997

PACER
10

Docket Control Order entered setting Pretrial conference at 10:30 1/12/98 for Lufkin Industries, for Buford Thomas, for Sylvester McClain ( signed by Magistrate Judge Wendell C. Radford 6/16/97 ) cc: attys 6/19/97 (pkb) (Entered: 06/19/1997)

June 18, 1997

June 18, 1997

PACER
11

Response by Sylvester McClain and Buford Thomas in opposition to [9-1] motion to dismiss class action claims (djh) (Entered: 06/23/1997)

June 23, 1997

June 23, 1997

PACER
12

MOTION by Lufkin Industries for leave to file reply to pla's response in opposition to dft's mo to dismiss class action claims (djh) (Entered: 07/07/1997)

July 7, 1997

July 7, 1997

PACER
13

Supplemental response to dft's [9-1] motion to dismiss class action claims by plaintiff Sylvester McClain, & plaintiff Buford Thomas (djh) (Entered: 09/10/1997)

July 18, 1997

July 18, 1997

PACER
14

ORDER granting dft's unopposed alternative motion to file a reply limited to 30 pages, and denying [12-1] motion for leave to file a reply brief to pla's response in opposition to mo to dismiss class action claims in excess of 30 pages. ( signed by Judge Thad Heartfield 7/18/97) cc: attys 7/22/97 (pkb) (Entered: 07/22/1997)

July 21, 1997

July 21, 1997

PACER
16

Reply by Lufkin Industries to plas' response [9-1] in opposition to dft's motion to dismiss class action clms. (djh) (Entered: 07/28/1997)

July 21, 1997

July 21, 1997

PACER
15

Notice of supplemental disclosure by Sylvester McClain, Buford Thomas (djh) (Entered: 07/22/1997)

July 22, 1997

July 22, 1997

PACER
17

Order referring case to Allen Butler as mediator. The mediation conference may occur any time between 10/1/97 and 12/1/97 (signed by Judge Thad Heartfield) cc: attys 8/4/97 (bjc) (Entered: 08/04/1997)

Aug. 1, 1997

Aug. 1, 1997

PACER
18

MOTION by Lufkin Industries unopposed to expedite motion to amend docket control order (djh) (Entered: 10/09/1997)

Oct. 9, 1997

Oct. 9, 1997

PACER
19

ORDER denying [9-1] motion to dismiss class action claims, The parties must file a discovery plan relating to the question of class certification set discovery due for 11/3/97 Pla's must file their motion for class certification set motion filing deadline for 11/14/97, Dfts must respond to the motion. Response to motion due by 11/28/97 . A hearing will be held on the motion in Beaumont, TX Motion hearing set for 12/15/97 at 1:00 ( signed by Judge Thad Heartfield 10/22/97 ) cc: attys 10/22/97 (pkb) (Entered: 10/22/1997)

Oct. 22, 1997

Oct. 22, 1997

PACER
154

Supplemental Complaint filed by Sylvester McClain (kjr) (Entered: 10/16/2000)

Oct. 22, 1997

Oct. 22, 1997

PACER
20

ORDER, vacating the deadline in this case's docket control order for dispositive motions denying [18-1] motion to expedite motion to amend docket control order ( signed by Judge Thad Heartfield 10/22/97) cc: attys 10/22/97 (pkb) (Entered: 10/22/1997)

Oct. 22, 1997

Oct. 22, 1997

PACER
21

ORDER granting [8-1] motion for leave to file first amended supplemental complaint ( signed by Judge Thad Heartfield 10/22/97) cc: attys 10/22/97 (pkb) (Entered: 10/22/1997)

Oct. 22, 1997

Oct. 22, 1997

PACER
22

ORDER reassigning this action to track 5 for case management purposes. ( signed by Judge Thad Heartfield 10/22/97) cc: attys 10/22/97 (pkb) (Entered: 10/22/1997)

Oct. 22, 1997

Oct. 22, 1997

PACER
23

Discover plan relating to the question of class certification (djh) (Entered: 11/03/1997)

Nov. 3, 1997

Nov. 3, 1997

PACER
24

JOINT AGREED MOTION by Sylvester McClain, Buford Thomas, Lufkin Industries, & Allen Butler for additional time to mediate disputes (djh) (Entered: 11/04/1997)

Nov. 4, 1997

Nov. 4, 1997

PACER
25

ORDER granting [24-1] motion for additional time to mediate disputes. The order referring case to mediation is MODIFIED to permit the mediation conference to take place at any time up to and including the 45th day following the court's ruling on class certification issues. ( signed by Judge Thad Heartfield 11/5/97 ) cc: attys 11/6/97 (pkb) (Entered: 11/06/1997)

Nov. 5, 1997

Nov. 5, 1997

PACER
26

ORDER approving the parties' discovery plan relating to the question of class certification. ( signed by Judge Thad Heartfield 11/7/97 ) cc: attys 11/7/97 (pkb) (Entered: 11/07/1997)

Nov. 7, 1997

Nov. 7, 1997

PACER
27

MOTION by Sylvester McClain & Buford Thomas to certify class action (former empl) (Entered: 11/14/1997)

Nov. 14, 1997

Nov. 14, 1997

PACER
28

MOTION by Sylvester McClain, Buford Thomas to compel production of personnel databases in compliance w/the discovery plan relating to the question of class certification (djh) (Entered: 11/24/1997)

Nov. 24, 1997

Nov. 24, 1997

PACER
29

Response by Lufkin Industries to [28-1] motion to compel production of personnel databases in compliance w/the discovery plan relating to the question of class certification (djh) (Entered: 11/25/1997)

Nov. 25, 1997

Nov. 25, 1997

PACER
30

ORDER granting [28-1] motion to compel production of personnel databases in compliance w/the discovery plan relating to the question of class certification, Set notice of compliance due for 12/5/97 for Lufkin Industries Ordered that the defendant shall provide copies of its affirmative action plans and the two letters from the OFCCP and defendant's responses thereto. Production required by this order shall be completed by 12/5/97( signed by Magistrate Judge Harry W. McKee ) cc all parties 11/26/97 (tln) (Entered: 11/26/1997)

Nov. 26, 1997

Nov. 26, 1997

PACER
31

Reply by Sylvester McClain & Buford Thomas to [29-1] motion response (dft's response to pltfs' motion to compel production of personnel databases) (former empl) (Entered: 11/26/1997)

Nov. 26, 1997

Nov. 26, 1997

PACER
32

Response by Lufkin Industries to pla's [27-1] motion to certify class action (djh) (Entered: 12/01/1997)

Dec. 1, 1997

Dec. 1, 1997

PACER
33

MOTION by Sylvester McClain and Buford Thomas to reset class certification hearing (djh) (Entered: 12/02/1997)

Dec. 2, 1997

Dec. 2, 1997

PACER
34

MOTION by Lufkin Industries for reconsideration of [30-1] court's discovery order (djh) (Entered: 12/05/1997)

Dec. 5, 1997

Dec. 5, 1997

PACER
37

ORDER granting [33-1] mo to reset class certification hrg. The class certification hrg will begin at 10:30 on 1/6/98 (signed by Judge Thad Heartfield) cc: attys 12/8/97 (bjc) (Entered: 12/08/1997)

Dec. 5, 1997

Dec. 5, 1997

PACER
35

Response by Lufkin Industries to [33-1] motion to reset class certification hearing (djh) (Entered: 12/05/1997)

Dec. 5, 1997

Dec. 5, 1997

PACER
36

ORDER granting [34-1] motion for reconsideration of [30-1] court's discovery order for the dft redact the portions of its affirmative action plans entitled "Analyses and Plan Audit" before producing the plans to pla. No other provisions of the Court's discovery order entered on 11/26/97 is modified by this order (signed by Magistrate Judge Harry W. McKee) cc: attys, TH, HWM 12/8/97 (djh) (Entered: 12/08/1997)

Dec. 8, 1997

Dec. 8, 1997

PACER
38

MOTION by Sylvester McClain for reconsideration of [37-1] order (resetting clas certification hrg on 1/6/98 at 10:30 am) (former empl) (Entered: 12/10/1997)

Dec. 10, 1997

Dec. 10, 1997

PACER
39

Response in opposition by Sylvester McClain to [35-1] Request for additional discovery by Lufkin Industries (former empl) (Entered: 12/10/1997)

Dec. 10, 1997

Dec. 10, 1997

PACER
40

ORDER denying motion for reconsideration of [30-1] court's discovery order wherein dft was ordered to produce it Affirmative Action Plans to pltf. (signed by Magistrate Judge Harry W. McKee) cc: attys, HWM & TH (former empl) (Entered: 12/12/1997)

Dec. 12, 1997

Dec. 12, 1997

PACER
41

ORDER resetting mo hrg for 10:00 2/18/98 for [27-1] motion to certify class action (signed by Judge Thad Heartfield) cc: attys 12/22/97 (bjc) (Entered: 12/22/1997)

Dec. 19, 1997

Dec. 19, 1997

PACER
42

ORDER, vacating [10-1] Scheduling order . ( signed by Judge Thad Heartfield 12/23/97 ) cc: attys 12/24/97 (pkb) (Entered: 12/24/1997)

Dec. 23, 1997

Dec. 23, 1997

PACER
43

ORDER that plas' must file evidence supporting their motion for class certification with accompanying brief, set evidence and brief due for 1/21/98, set status conference to discuss the format for the hearing on pla's motion for class certification for 10:00 2/10/98 before Judge Thad Heartfield ( signed by Judge Thad Heartfield 12/23/97 ) cc: attys 12/24/97 (pkb) (Entered: 12/24/1997)

Dec. 23, 1997

Dec. 23, 1997

PACER
44

Brief filed by Sylvester McClain, Buford Thomas explaining how evidence relates to each class certification criterion (djh) (Entered: 01/21/1998)

Jan. 21, 1998

Jan. 21, 1998

PACER
45

Response by Lufkin Industries to pla's [44-1] brief explanation how evidence relates to class certification criteron (djh) (Entered: 02/02/1998)

Feb. 2, 1998

Feb. 2, 1998

PACER
46

Minutes Re: [0-0] status conference by Magistrate Judge Wendell C. Radford on 2/10/98 (Ct rep/ECRO: Tonya Piper) (former empl) (Entered: 02/11/1998)

Feb. 10, 1998

Feb. 10, 1998

PACER
47

Exhibit list by Sylvester McClain, Buford Thomas (jmv) (Entered: 02/19/1998)

Feb. 18, 1998

Feb. 18, 1998

PACER
48

Witness list filed by Sylvester McClain, Buford Thomas (jmv) (Entered: 02/19/1998)

Feb. 18, 1998

Feb. 18, 1998

PACER
49

Witness list filed by Lufkin Industries (jmv) (Entered: 02/19/1998)

Feb. 18, 1998

Feb. 18, 1998

PACER
50

Minutes Re: [0-0] motion hearing by Judge Thad Heartfield on 2/18/98 (Ct rep/ECRO: J.Kelley) (jmv) (Entered: 02/19/1998)

Feb. 18, 1998

Feb. 18, 1998

PACER
51

ORDER denying [35-2] motion for additional discovery ( signed by Judge Thad Heartfield ) cc: attys (rll) (Entered: 02/24/1998)

Feb. 23, 1998

Feb. 23, 1998

PACER
52

ORDER transferring the case to the docket of the Honorable Howell Cobb for future handling & disposition pursuant to General Order 98-5. (signed by Judge Thad Heartfield) cc: attys, HC & TH (former empl) (Entered: 05/01/1998)

May 1, 1998

May 1, 1998

PACER
53

Supplemental Response by Lufkin Industries to [27-1] motion to certify class action (former empl) (Entered: 06/03/1998)

June 3, 1998

June 3, 1998

PACER
54

Supplemental brief in support of pla's motion for class certification filed by Sylvester McClain, Buford Thomas (djh) (Entered: 06/18/1998)

June 18, 1998

June 18, 1998

PACER
55

ORDER Motion hearing set for 2:00 7/13/98 for [38-1] motion for reconsideration of [37-1] order, set for 2:00 7/13/98 for [27-1] motion to certify class action, set expert witness list due for 6/30/98 for Allen Butler ., for Lufkin Industries, for Buford Thomas, for Sylvester McClain ( signed by Judge Howell Cobb ) cc: attys (rll) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

PACER
56

Transcript of hearing on class certification before Judge Thad Heartfield filed (djh) (Entered: 06/30/1998)

June 29, 1998

June 29, 1998

PACER
57

Proposed witness list for 6/13/98 class certification hearing filed by Sylvester McClain, Buford Thomas (djh) (Entered: 06/30/1998)

June 30, 1998

June 30, 1998

PACER
60

ORDER that the information requested in this order be submitted to the ct at the class cetification hearing which is to commence on Monday, 7/13/98 at 2:00 p.m. in the US District Court, Lufkin, TX. Further ORDERED that the dft shall not destroy, delete, alter change or make new notations on documents, personnel records, electronic materials and magnetic recordings which are in any way, involved in the alleged discriminatory practices alleged by pla (signed by Judge Howell Cobb) cc: attys, HC 7/2/98 (djh) (Entered: 07/02/1998)

June 30, 1998

June 30, 1998

PACER
58

Witness list for class certification hearing filed by Lufkin Industries (djh) (Entered: 07/01/1998)

July 1, 1998

July 1, 1998

PACER
59

MOTION by Sylvester McClain, Buford Thomas for leave to file 1st amended supplemental complaint adding Eric Knighton as a pla (djh) (Entered: 07/01/1998)

July 1, 1998

July 1, 1998

PACER
61

Response by Lufkin Industries to [59-1] motion for leave to file 1st amended supplemental complaint adding Eric Knighton as a pla (djh) (Entered: 07/09/1998)

July 9, 1998

July 9, 1998

PACER
62

ORDER that due unforseen and tragic circumstances pla's counsel has been called out of town and therefore the class certification hearing set in this case for 7/13/98 will be postponed and rescheduled as soon as possible (signed by Judge Howell Cobb) cc: attys, HC 7/9/98 (djh) (Entered: 07/09/1998)

July 9, 1998

July 9, 1998

PACER
63

PARTIALLY UNOPPOSED MOTION by Sylvester McClain, Buford Thomas to extend time to reply to dft's response to plas' mo for lv to add Eric Knighton as a pla (djh) (Entered: 07/13/1998)

July 13, 1998

July 13, 1998

PACER
64

ORDER that motions to exceed page limit is denied. ( signed by Judge Howell Cobb ) cc: attys 7/27/98 (former empl) (Entered: 07/27/1998)

July 24, 1998

July 24, 1998

PACER
65

ORDER that class certification hearing is set for 8/18/98 at 10:30. ( signed by Judge Howell Cobb ) cc: attys 7/27/98 (former empl) (Entered: 07/27/1998)

July 27, 1998

July 27, 1998

PACER
66

Reply by Sylvester McClain, Buford Thomas to response to [59-1] motion for leave to file 1st amended supplemental complaint adding Eric Knighton as a pla (djh) (Entered: 08/11/1998)

Aug. 11, 1998

Aug. 11, 1998

PACER
67

Supplemental proposed witness list filed by Sylvester McClain, Buford Thoma for 8/18/98 class certification hearing (djh) (Entered: 08/11/1998)

Aug. 11, 1998

Aug. 11, 1998

PACER
68

Minutes Re: [0-0] motion hearing by Judge Howell Cobb held on 8/18/98 (Ct rep: Whitney Garza w/Excel Reporting & Assoc., Lufkin, TX) (former empl) (Entered: 08/19/1998)

Aug. 18, 1998

Aug. 18, 1998

PACER
69

Minutes Re: [0-0] motion hearing by Judge Howell Cobb held on 8/19/98 (Ct rep: Whitney Garza w/Excel Reporting & Assoc., Lufkin, TX) (former empl) (Entered: 08/20/1998)

Aug. 19, 1998

Aug. 19, 1998

PACER
70

Witness list filed by Sylvester McClain, Buford Thomas (former empl) (Entered: 08/21/1998)

Aug. 20, 1998

Aug. 20, 1998

PACER
71

Exhibit list by Sylvester McClain, Buford Thomas (former empl) (Entered: 08/21/1998)

Aug. 20, 1998

Aug. 20, 1998

PACER
72

Witness list filed by Lufkin Industries (former empl) (Entered: 08/21/1998)

Aug. 20, 1998

Aug. 20, 1998

PACER
73

Exhibit list by Lufkin Industries (former empl) (Entered: 08/21/1998)

Aug. 20, 1998

Aug. 20, 1998

PACER
74

ORDER for Examination of Facility ( signed by Judge Howell Cobb ) cc: HC, attys via hand delivered 8/20/98 (former empl) (Entered: 08/21/1998)

Aug. 20, 1998

Aug. 20, 1998

PACER
75

Minutes Re: [0-0] 3rd day motion hearing held by Judge Howell Cobb on 8/20/98 (Ct rep: Whitney Garza w/Excel Reporting & Assoc., Lufkin, TX) (former empl) (Entered: 08/21/1998)

Aug. 20, 1998

Aug. 20, 1998

PACER
76

MOTION by Sylvester McClain, Buford Thomas for relief from retaliation against witnesses (djh) (Entered: 10/08/1998)

Oct. 8, 1998

Oct. 8, 1998

PACER
77

Response by Buford Thomas to [76-1] motion for relief from retaliation against witnesses (djh) (Entered: 10/14/1998)

Oct. 14, 1998

Oct. 14, 1998

PACER
78

ORDER that Roald Mark will be returned to work consistent with his present medical condition to his assignment in the general foundry at the rate of $9.25 per hour. Nothing in this order shall prohibit or interfere with Mr. Mark bidding on other jobs, or receiving raises or advancing in any way or being subject to job transfer, demotion, or layoff according to the governing terms of the collective bargaining agreement. ( signed by Judge Howell Cobb ) cc: attys 10/14/98 (former empl) (Entered: 10/14/1998)

Oct. 14, 1998

Oct. 14, 1998

PACER
79

Witness list filed by Sylvester McClain, Buford Thomas (former empl) (Entered: 10/19/1998)

Oct. 14, 1998

Oct. 14, 1998

PACER
80

Witness list filed by Lufkin Industries (former empl) (Entered: 10/19/1998)

Oct. 14, 1998

Oct. 14, 1998

PACER
81

Exhibit list by Sylvester McClain, Buford Thomas (former empl) (Entered: 10/19/1998)

Oct. 14, 1998

Oct. 14, 1998

PACER
82

Exhibit list by Lufkin Industries (former empl) (Entered: 10/19/1998)

Oct. 14, 1998

Oct. 14, 1998

PACER
83

Minutes Re: Motion hearing held before Judge Howell Cobb on 10/14/98 (Ct rep: Wendell Parks) (former empl) (Entered: 10/19/1998)

Oct. 14, 1998

Oct. 14, 1998

PACER
84

MOTION by Sylvester McClain, Buford Thomas for leave to file motion for relief from retaliation against witnesses and motion to show cause why dft should not be held in contempt in excess of 15 pages (kjr) (Entered: 01/25/1999)

Jan. 25, 1999

Jan. 25, 1999

PACER
85

ORDER granting [84-1] motion for leave to file motion for relief from retaliation against witnesses and motion to show cause why dft should not be held in contempt in excess of 15 pages ( signed by Judge Howell Cobb ) cc: HC and attys (rll) (Entered: 02/16/1999)

Feb. 11, 1999

Feb. 11, 1999

PACER
86

Second MOTION by Sylvester McClain & Buford Thomas for relief from retaliation against witnesses and to show cause why dft Lufkin Industries should not be held in contempt (kjr) (Entered: 02/22/1999)

Feb. 11, 1999

Feb. 11, 1999

PACER
87

Response by Lufkin Industries to [86-1] motion for relief from retaliation against witnesses, [86-2] motion to show cause why dft Lufkin Industries should not be held in contempt (kjr) (Entered: 02/22/1999)

Feb. 22, 1999

Feb. 22, 1999

PACER
88

Reply by Sylvester McClain & Buford Thomas to response to [86-1] motion for relief from retaliation against witnesses and [86-2] motion to show cause why dft Lufkin Industries should not be held in contempt (kjr) (Entered: 02/23/1999)

Feb. 23, 1999

Feb. 23, 1999

PACER
89

Memorandum Opinion Regarding Certification of Class Action ( signed by Judge Howell Cobb ) cc: HC and attys (rll) Modified on 04/01/1999 (Entered: 04/01/1999)

March 31, 1999

March 31, 1999

PACER
95

Memorandum Opinion and Order Re: Class Certification ( signed by Judge Howell Cobb ) cc: HC and attys (rll) (Entered: 04/09/1999)

March 31, 1999

March 31, 1999

PACER
90

ORDER granting [27-1] motion to certify class action (signed by Judge Howell Cobb ) cc: HC and attys (rll) (Entered: 04/01/1999)

March 31, 1999

March 31, 1999

PACER
91

ORDER DESIGNATING CLASS REPRESENTATIVES. The court hereby designates the following as additional class representatives: Patrick Ross; Mary Thomas; Eddie K. Mask; Leroy Garner; Sherry Calloway Swint; John Doe a/k/a "A"; John Doe II a/k/a "B"; John Doe III a/k/a "C"; Clifford R. Duirden; Earl Potts; and Roald Mark. In the event any John Doe wishes to withdraw his willingness to be a class representative, and the ineitable discovery of his true name, leave of the court is hereby granted to each to file such motion to withdraw in camera. (signed by Judge Howell Cobb ) cc: HC and attys (rll) (Entered: 04/01/1999)

March 31, 1999

March 31, 1999

PACER
92

ORDER denying [59-1] motion for leave to file 1st amended supplemental complaint adding Eric Knighton as a pla (signed by Judge Howell Cobb ) cc: HC and attys (rll) (Entered: 04/01/1999)

March 31, 1999

March 31, 1999

PACER
93

ORDER denying [63-1] motion to extend time to reply to dft's response to plas' mo for lv to add Eric Knighton as a pla (signed by Judge Howell Cobb ) cc: HC and attys (rll) (Entered: 04/01/1999)

March 31, 1999

March 31, 1999

PACER
94

ORDER SUBSTITUTING OPINION. The court hereby substitutes the attached opinion for the original one filed 3/31/99. (signed by Judge Howell Cobb 4/7/99 ) cc: HC and attys (rll) (Entered: 04/09/1999)

April 8, 1999

April 8, 1999

PACER
96

USCA ORDER that the petition filed by petitioner Lufkin Industries for permission to appeal is denied. (USCA #99-33). Before Higinbotham, Jones & Dennis. Issued 6/23/99 cc HC (kjr) (Entered: 06/28/1999)

June 28, 1999

June 28, 1999

PACER
97

ORDER granting [86-1] motion for relief from retaliation against witnesses, granting [86-2] motion to show cause why dft Lufkin Industries should not be held in contempt and setting contempt hearing for 1:30 10/28/99 before Judge Howell Cobb in Lufkin (signed by Judge Howell Cobb) cc HC, parties 9/29/99 (kjr) (Entered: 09/29/1999)

Sept. 29, 1999

Sept. 29, 1999

PACER
98

Transcript filed of motion hrg held on 10/14/98 before Judge Cobb. Court Reporter: Wendell Parks (191 pages) (kjr) (Entered: 10/15/1999)

Oct. 14, 1999

Oct. 14, 1999

PACER
99

MOTION by Sylvester McClain to exceed page limitation for filing plas' second motion to compel production of personnel databases (kjr) (Entered: 11/03/1999)

Nov. 3, 1999

Nov. 3, 1999

PACER

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 26, 1997

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

African American employees of Lufkin Industries

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Lufkin Industries, 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

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 11.5 million

Order Duration: 2010 - 2014

Content of Injunction:

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Monitoring

Other requirements regarding hiring, promotion, retention

Reporting

Training

Issues

General:

Disparate Impact

Pattern or Practice

Discrimination-area:

Demotion

Discharge / Constructive Discharge / Layoff

Discipline

Hiring

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

Pay / Benefits

Promotion

Training

Discrimination-basis:

Race discrimination

Race:

Black