Case: WRIGHT v. SOUTH CENTRAL BELL

2:93-cv-01530 | U.S. District Court for the Northern District of Alabama

Filed Date: July 30, 1993

Closed Date: 2003

Clearinghouse coding complete

Case Summary

On July 30, 1993, African American employees of South Central Bell filed a lawsuit under Title VII, 42 U.S.C. § 2000e and 42 U.S.C. § 1981, against their employer in the United States District Court for the Northern District of Alabama. The plaintiffs, represented by private counsel, asked the court for injunctive and compensatory relief, claiming that South Central Bell had discriminated against them on the basis of their race. Specifically, Plaintiffs claimed that Defendant's use of the Tec…

On July 30, 1993, African American employees of South Central Bell filed a lawsuit under Title VII, 42 U.S.C. § 2000e and 42 U.S.C. § 1981, against their employer in the United States District Court for the Northern District of Alabama. The plaintiffs, represented by private counsel, asked the court for injunctive and compensatory relief, claiming that South Central Bell had discriminated against them on the basis of their race. Specifically, Plaintiffs claimed that Defendant's use of the Technical Telephone Ability Battery (T-Tab) test had an adverse impact on Defendant's African American employees, that the test was not validated, and that the test was not justified by business necessity.

The Court (Judge U.W. Clemon) certified the class on October 25, 1994. and

On March 30, 2001, the Court denied a motion by another employee to intervene in the case because it was untimely. The class was defined as "all African Americans who, at any time since September 2, 1990, have taken and failed to pass the Technical Telephone Ability Battery (T-Tab) Test administered by defendant South Central Bell."

The case was bifurcated for trial, and the Court issued its opinion regarding liability on September 10, 2002. The Court found that the T-Tab test had an adverse impact on black employees, that the test was not related to job performance, and that Defendant failed to consider alternative selection methods that would have caused a less adverse impact.

On February 7, 2003, the Court dismissed the case, without prejudice to the right of the parties to present the Court a proposed consent decree no later than March 1, 2003.

The parties filed a Joint Motion and Stipulation concerning the proposed Settlement Agreement on March 13, 2003.

The Court issued an Order preliminarily approving the proposed settlement agreement on March 17, 2003. Defendant agreed to pay $6,000,000 to Plaintiffs. The settlement fund was to be allocated among the class members. Defendant also agreed to pay Plaintiffs' attorneys' fees and costs.

The Court issued final approval of the parties' settlement agreement on June 6, 2003. The Settlement deals only with the monetary award, but the Defendants stopped using the test in 1995 during the litigation.

Summary Authors

Haley Waller (11/13/2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5380656/parties/wright-v-so-central-bell/


Judge(s)

Clemon, U. W. (Alabama)

Attorneys(s) for Plaintiff

Childs, Robert F. Jr. (Alabama)

Fisher, Samuel (Alabama)

Wiggins, Robert L Jr. (Alabama)

Attorneys(s) for Defendant

Barker, W. Corey (Georgia)

Jackson, Robert L III (Illinois)

Weirich, C. Geoffrey (Georgia)

Expert/Monitor/Master

White, Mark (Texas)

Judge(s)

Clemon, U. W. (Alabama)

Attorneys(s) for Plaintiff

Childs, Robert F. Jr. (Alabama)

Fisher, Samuel (Alabama)

Wiggins, Robert L Jr. (Alabama)

Attorneys(s) for Defendant

Barker, W. Corey (Georgia)

Jackson, Robert L III (Illinois)

Weirich, C. Geoffrey (Georgia)

Expert/Monitor/Master

White, Mark (Texas)

Documents in the Clearinghouse

Document

Docket

Wright v. South Central Bell

March 6, 2006 Docket
130

ORDER DENYING MOTION TO INTERVENE

Wright v. South Central Bell

March 30, 2001 Order/Opinion
131

MEMORANDUM OPINION ON LIABILITY ISSUE

Wright v. South Central Bell

Sept. 10, 2002 Order/Opinion
153

DEFENDANT'S RENEWED MOTION FOR SUMMARY JUDGMENT BASED ON MR. WRIGHT'S FAILURE TO FILE A TIMELY EEOC CHARGE AND MOTION TO DECERTIFY THE CLASS

Wright v. South Central Bell

Feb. 3, 2003 Pleading / Motion / Brief
166

ORDER OF DISMISSAL WITHOUT PREJUDICE

Wright v. South Central Bell

Feb. 7, 2003 Order/Opinion
173

JOINT MOTION AND STIPULATION CONCERNING PROPOSED SETTLEMENT AGREEMENT

Wright v. South Central Bell

March 13, 2003 Pleading / Motion / Brief
174

ORDER PRELIMINARILY APPROVING PROPOSED SETTLEMENT AGREEMENT

Wright v. South Central Bell

March 17, 2003 Order/Opinion
179

FINAL APPROVAL OF SETTLEMENT AND ORDER OF DISMISSAL

Wright v. South Central Bell

June 6, 2003 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5380656/wright-v-so-central-bell/

Last updated May 20, 2022, 1:45 a.m.

ECF Number Description Date Link
1

COMPLAINT filed, amount paid $ 120, receipt # 200 77776 (DDR) (Entered: 07/30/1993)

July 30, 1993
131

MEMORANDUM opinion on Liability issue filed ( by Chief Judge U W. Clemon ) cm (DWC)

Sept. 10, 2002 RECAP
2

REQUEST of plaintiff for service by certified mail filed (DDR) (Entered: 07/30/1993)

July 30, 1993

SUMMONS and complaint issued mailed certified mail (DDR) (Entered: 07/30/1993)

July 30, 1993
3

SUMMONS and complaint returned executed: upon defendant So Central Bell on 8/2/93 filed (DDR) (Entered: 08/03/1993)

Aug. 3, 1993
4

SUMMONS and complaint returned executed: upon defendant Richard Argo on 8/2/93 filed (DDR) (Entered: 08/05/1993)

Aug. 5, 1993
5

SUMMONS and complaint returned executed: upon defendant Amila Rob on 8/2/93 filed (DDR) (Entered: 08/09/1993)

Aug. 9, 1993
6

MOTION by plaintiff to amend complaint w/proposed amendment attached filed cs (DDR) (Entered: 08/24/1993)

Aug. 23, 1993

6 − ORDER granting motion to amend complaint [6−1] ( by Judge U W. Clemon ) entered cm (DDR) (Entered: 08/25/1993)

Aug. 25, 1993
7

AMENDED complaint filed cs (DDR) (Entered: 08/27/1993)

Aug. 27, 1993

SUMMONS and amended complaint issued mailed certified mail (DDR) (Entered: 09/03/1993)

Sept. 3, 1993
8

SUMMONS and amended complaint returned executed: upon defendant South Central Bell, defendant Amila Rob on 9/7/93 filed (DDR) Modified on 09/21/1993 (Entered: 09/09/1993)

Sept. 9, 1993
9

SUMMONS and amended complaint returned executed: upon defendant Richard Argo on 9/7/93 filed (DDR) (Entered: 09/14/1993)

Sept. 14, 1993
11

ORDER 16(b) setting certain deadlines as set out in this order by Judge U W. Clemon entered cm (DDR) (Entered: 09/23/1993)

Sept. 23, 1993
12

MOTION by plaintiff to extend scheduling deadlines filed cs (DDR) (Entered: 10/01/1993)

Oct. 1, 1993

12 − ORDER granting motion to extend scheduling deadlines [12−1] ( by Judge U W. Clemon ) entered cm (DDR) (Entered: 10/04/1993)

Oct. 4, 1993
13

MOTION by defendant for attorney Francies B. Semmes to appear pro hac vice filed cs (DDR) (Entered: 10/05/1993)

Oct. 5, 1993

PRO HAC VICE admission fee paid on 10/5/93 receipt # 200 79286 (DDR) (Entered: 10/05/1993)

Oct. 5, 1993

12 − ORDER granting motion for attorney Francies B. Semmes to appear pro hac vice [13−1] ( by Judge U W. ) entered cm (DDR) (Entered: 10/06/1993)

Oct. 5, 1993
14

NOTICE of appearance for plaintiff by Ann K Norton filed cs (DDR) (Entered: 10/08/1993)

Oct. 8, 1993
15

MOTION by plaintiff to amend the complaint w/proposed amendment attached filed cs (DDR) (Entered: 11/23/1993)

Nov. 22, 1993

15 − ORDER granting motion to amend the complaint [15−1] ( by Judge U W. Clemon ) entered cm (DDR) (Entered: 11/24/1993)

Nov. 24, 1993
16

AMENDED complaint filed [1−1]; adding Bellsouth Telecomm, Comm Workers of Am filed (service held for summons) (DDR) (Entered: 11/24/1993)

Nov. 24, 1993
17

ANSWER by defendant Comm Workers of Am to the amended complaint filed cs (DDR) (Entered: 01/20/1994)

Jan. 19, 1994
18

NOTICE of appearance for defendant Bellsouth Telecomm by Peyton Lacy Jr, Harry L Hopkins, Thomas F Campbell filed cs (DDR) (Entered: 01/28/1994)

Jan. 28, 1994
19

ANSWER by defendant Richard Argo, defendant Amila Rob, defendant Bellsouth Telecomm d/b/a South Central Bell to he second amended complaint filed cs (DDR) (Entered: 02/17/1994)

Feb. 17, 1994
20

NOTICE of appearance for defendant So Central Bell by J Mark White filed cs (DDR) (Entered: 02/25/1994)

Feb. 23, 1994
21

NOTICE of appearance for plaintiff by Rocco Calamusa Jr filed cs (DDR) (Entered: 03/04/1994)

March 4, 1994
22

MOTION by plaintiff to downgrade pretrial conf to status conf filed cs (DDR) (Entered: 03/09/1994)

March 9, 1994
23

MOTION by intervenor Felicia D Carter to intervene filed cs (DDR) (Entered: 03/14/1994)

March 11, 1994

23 − ORDER granting motion to intervene [23−1] ( by Judge U W. Clemon ) entered cm (DDR) (Entered: 03/15/1994)

March 15, 1994
24

INTERVENOR complaint by Felicia D. Carter as to dfts Bellsouth Tele and CWA only filed cs (DDR) (Entered: 03/15/1994)

March 15, 1994

22 − ORDER granting motion to downgrade pretrial conf to status conf [22−1] ( by Judge U W. Clemon ) entered cm (ABC) (Entered: 03/16/1994)

March 16, 1994
25

MOTION by defendant for reconsideration of order granting Felicia Carter's motion to intervene filed cs (DDR) (Entered: 03/25/1994)

March 25, 1994
26

MOTION (addendum) by dfts Richard Argo, Amila Rob, Bellsouth Telecomm for reconsideration of order granting intervention w/exhs att thereto filed cs (SCL)

April 11, 1994
27

MOTION by defendant Richard Argo, defendant Amila Rob, defendant So Central Bell for attorney to appear pro hac vice filed cs (DDR) (Entered: 04/18/1994)

April 18, 1994

PRO HAC VICE admission fee paid on 4/18/94 receipt # 200 83779 (DDR) (Entered: 04/18/1994)

April 18, 1994

27 − ORDER granting motion for attorney to appear pro hac vice [27−1] ( by Judge U W. Clemon ) entered cm (DDR) (Entered: 04/20/1994)

April 19, 1994
28

MOTION by defendant Richard Argo, defendant Amila Rob, defendant So Central Bell for attorney to appear pro hac vice filed cs (DDR) (Entered: 04/21/1994)

April 21, 1994

PRO HAC VICE admission fee paid on 4/21/94 receipt # 200 83917 (DDR) (Entered: 04/21/1994)

April 21, 1994

28 − ORDER granting motion for attorney to appear pro hac vice [28−1] ( by Judge U W. Clemon ) entered cm (DDR) (Entered: 04/22/1994)

April 22, 1994
29

STIPULATION of parties regarding videotape deposition of pla filed (BSH) (Entered: 05/02/1994)

April 29, 1994
30

ORDER in 2:93−cv−1338 granting motion to consolidate [35−1] in 2:93−cv−1338 as to issues raised in complaint in intervention in 2:93−cv−1530 [24−1] filed ( by Judge Robert B. Propst ) cm [complaint in intervention deemed filed in 2:93−cv−1338 5/11/94] (SCL) Modified on 05/18/1994 (Entered: 05/11/1994)

May 11, 1994
31

CONSENT ORDER protective order as to the production of confidential information and documents filed ( by Judge U W. Clemon ) cm (KAM) (Entered: 05/20/1994)

May 20, 1994
32

MOTION by plaintiff to amend scheduling order filed cs (DDR) (Entered: 05/27/1994)

May 27, 1994

32 − ORDER granting motion to amend scheduling order [32−1] ( by Judge U W. Clemon ) entered cm (DDR) (Entered: 05/31/1994)

May 31, 1994
33

STIPULATION of pla and dfts Robb and Argo for dismissal filed (DDR) (Entered: 08/17/1994)

Aug. 17, 1994
34

ORDER based on the stipulation of the parties for dismissal [33−1] that dfts Robb and Argo are dismissed w/prejudice terminating party Amila Rob, party Richard Argo filed ( by Judge U W. Clemon ) (DDR) (Entered: 08/24/1994)

Aug. 24, 1994
35

ORDER that class certification hearing is set for 9:30 10/24/94 ; further that parties must notify Court w/in 10 days of any conflicts filed ( by Judge U W. Clemon ) cm (ADF) (Entered: 08/29/1994)

Aug. 29, 1994
36

MOTION by dft Bellsouth Telecomm to amend answer to pla's second amended complaint w/attachment filed cs (ADF) (Entered: 08/29/1994)

Aug. 29, 1994

36 − ORDER granting motion to amend answer to pla's second amended complaint [36−1] ( by Judge U W. Clemon ) entered cm (ADF) (Entered: 08/31/1994)

Aug. 30, 1994
37

AMENDED ANSWER to pla's second amended complaint by dft Bellsouth Telecomm filed cs (ADF) (Entered: 08/31/1994)

Aug. 30, 1994
38

MOTION by applicant Tommy Marsh to intervene w/proposed complaint in intervention attached filed cs (DDR) (Entered: 09/07/1994)

Sept. 6, 1994
39

OPPOSITION by dft Bellsouth Telecomm to Tommy Marsh's motion to intervene or, in the alternative, motion to consolidate [38−1] filed cs (ADF) (Entered: 09/14/1994)

Sept. 13, 1994

DOCKET modification (utility event) Case consolidated 2:93−cv−1530 with member cases 2:94−cv−2333 (ADF) (Entered: 09/23/1994)

Sept. 23, 1994
41

ORDER that within 7 days of the date of this order, pla's counsel shall provide the Court and dft's counsel with a definition of the proposed class filed ( by Judge U W. Clemon ) cm (ADF) (Entered: 09/28/1994)

Sept. 28, 1994
42

NOTICE of compliance by plas to court's order of 9/28/94 w/exhibit attached filed cs (ADF) (Entered: 10/18/1994)

Oct. 17, 1994
43

MOTION by dft Bellsouth Telecomm in 2:93−cv−01530 for protective order filed cs (ADF) (Entered: 10/19/1994)

Oct. 18, 1994

43 − ORDER denying motion for protective order [43−1] ( by Judge U W. Clemon ) entered cm (ADF) (Entered: 10/20/1994)

Oct. 20, 1994

COURTROOM NOTES: CLASS CERTIFICATION HEARING (UWC) − written order to be entered by the court − (Tommy Dempsey, rptr.) (DGS) (Entered: 10/24/1994)

Oct. 24, 1994
44

ORDER that plaintiff Carl Wright is CERTIFIED as representative of class consisting of that which is set out in this order filed ( by Judge U W. Clemon ) cm (SCL) (Entered: 10/25/1994)

Oct. 25, 1994
45

TRANSCRIPT of proceedings had before Judge U W. Clemon on Class Certification Hearing held 10/24/94 filed − Court Reporter Tommy Dempsey (ADF) (Entered: 11/03/1994)

Nov. 3, 1994
46

MOTION by dft So Central Bell to compel w/exhibits attached filed cs (ADF) (Entered: 12/29/1994)

Dec. 29, 1994

MOTION by dft in 2:94−cv−02333 for order regarding discovery deadline and other pretrial issues filed cs (ADF) (Entered: 01/20/1995)

Jan. 19, 1995
47

MOTION (Joint) by parties to amend scheduling order filed cs (ADF) (Entered: 01/30/1995)

Jan. 27, 1995
48

MOTION by dft So Central Bell for order for approval of class action notices w/exhibits attached filed cs (ADF) (Entered: 01/30/1995)

Jan. 27, 1995

47 − ORDER granting motion to amend scheduling order [47−1] ( by Judge U W. Clemon ) entered (ADF) (Entered: 02/01/1995)

Jan. 31, 1995
49

ORDER that the Pretrial Conference is set for 10:00 on 6/1/95 ; parties to notify court of conflict within 10 days of this order filed ( by Judge U W. Clemon ) cm (ADF) (Entered: 02/08/1995)

Feb. 8, 1995

48 − ORDER granting motion for approval of class action notices [48−1] ( by Judge U W. Clemon ) cm (ADF) (Entered: 02/09/1995)

Feb. 8, 1995
50

RESPONSE by plaintiff to df'ts motion to compel [46−1] filed cs (ADF) (Entered: 02/15/1995)

Feb. 14, 1995
51

ORDER rescheduling Pretrial Conference for 9:30 on 6/16/95 filed ( by Judge U W. Clemon ) cm (ADF) (Entered: 03/06/1995)

March 6, 1995

SUMMONS and complaint issued as to Communications Workers of America &returned to pla's attorney for service (ADF) (Entered: 03/07/1995)

March 7, 1995

SUMMONS and complaint issued as to Communications Workers of America &returned to pla's atty for service (ADF) (Entered: 03/08/1995)

March 7, 1995
104

EXHIBIT(amended) list by dft Bellsouth Telecomm filed cs (SWB) (Entered: 08/17/1995)

March 17, 1995
53

MOTION by dft Bellsouth Telecomm to dismiss class allegations , or, in the alternative, to extend pretrial deadlines filed cs (ADF) (Entered: 03/29/1995)

March 28, 1995
54

ORDER to show cause directing class counsel within 10 days of the date of this order to show cause in writing why this action should not be de−certified as a class action filed ( by Judge U W. Clemon ) cm (ADF) (Entered: 03/29/1995)

March 29, 1995
55

RESPONSE by plaintiff Carl Wright to show cause order [54−1] filed w/exh att cs (SWB) (Entered: 04/13/1995)

April 12, 1995
56

RESPONSE(reply) by defendant Bellsouth Telecomm to pltff's response to this court's 3/29/95 show cause order [55−1] filed w/exh att cs (SWB) (Entered: 04/18/1995)

April 14, 1995
57

MOTION by deft So Central Bell for protective order filed w/att(s) cs (SWB) (Entered: 04/20/1995)

April 18, 1995
58

RESPONSE by plas' to motion for protective order [57−1] filed w/att(s) cs (SWB) (Entered: 04/25/1995)

April 24, 1995
59

MOTION by intervenor−plaintiffs Rita Long and Harold Humphrey to intervene filed cs (SWB) (Entered: 04/25/1995)

April 24, 1995
60

RESPONSE(reply) by dfts to plaintiffs' response to dft's motion for protective order [58−1] filed w/exh att cs (SWB) (Entered: 05/05/1995)

May 3, 1995
61

RESPONSE by dft Comm Workers of Am to motion to intervene [59−1] filed cs (SWB) (Entered: 05/05/1995)

May 3, 1995
62

OPPOSITION by dft So Central Bell to motion to intervene by Rita Long and Harold Humphrey [59−1] filed w/exhs att cs (SWB) (Entered: 05/05/1995)

May 4, 1995
63

ORDER ; Pretrial scheduling conf set for 9:30 6/15/95 filed ( by Judge U W. Clemon ) cm (KAM) (Entered: 05/17/1995)

May 17, 1995
64

MOTION by pla Carl Wright to compel attendance at depositions filed cs (SWB) (Entered: 06/08/1995)

June 8, 1995
65

MOTION by pla Carl Wright to compel filed w/atts cs (SWB) (Entered: 06/08/1995)

June 8, 1995
66

MOTION(notice) by intervenor−pla Harold Humphrey to withdraw motion to intervene and notice of dismissal [59−1] filed cs (SWB) (Entered: 06/12/1995)

June 12, 1995

66 − ORDER granting motion to withdraw motion to intervene and notice of dismissal [59−1] [66−1] withdrawing motion to intervene [59−1] ( by Judge U W. Clemon ) entered cm (SWB) (Entered: 06/14/1995)

June 13, 1995

DOCKET modification (utility event) terminating party Harold Humphrey; see doc #66 (SWB) (Entered: 06/14/1995)

June 13, 1995
67

MOTION by intervenor−plaintiff Rita Long for withdrawal of motion to intervene and notice of dismissal [59−1] filed cs (SWB) (Entered: 06/14/1995)

June 14, 1995

67 − ORDER granting motion for withdrawal of motion to intervene and notice of dismissal [59−1] [67−1] withdrawing motion to intervene [59−1] terminating party Rita Long ( by Judge U W. Clemon ) entered cm (SWB) (Entered: 08/16/1995)

June 15, 1995

57 − ORDER finding the motion for protective order [57−1] moot ( by Judge U W. Clemon ) entered cm (SWB) (Entered: 06/28/1995)

June 28, 1995

64 − ORDER granting motion to compel attendance at depositions [64−1] ( by Judge U W. Clemon ) entered cm (SWB) (Entered: 06/28/1995)

June 28, 1995
68

ORDER denying, overruling and withdrawing in part motion to compel [46−1] as set out in order filed ( by Judge U W. Clemon ) cm (SWB) (Entered: 06/29/1995)

June 29, 1995
69

ORDER granting and denying in part pla's motion to compel [65−1] as set out in this order filed ( by Judge U W. Clemon ) cm (SWB) (Entered: 06/29/1995)

June 29, 1995
70

ORDER on pre−trial hearing pre−trial conference held 6/15/95 ; Discovery cutoff <discovery is closed > ; court trial set 8/21/95 for liability issues ; PTC held 9:30 6/16/95 filed ( by Judge U W. Clemon ) cm (SWB) (Entered: 06/30/1995)

June 30, 1995
71

MOTION by dft dft Bellsouth Telecomm, d/b/a South Central Bell for clarification , and/or for protective order filed w/exhs att cs (SWB) (Entered: 07/05/1995)

July 3, 1995
72

MOTION by dft Bellsouth Telecomm for clarification , or reconsideration regarding order on pla's motion to compel filed cs (SWB) (Entered: 07/07/1995)

July 6, 1995
73

ORDER granting motions for clarification [72−1], reconsideration regarding order on pla's motion to compel [72−2], for clarification [71−1] and for protective order [71−2] as set out in this order; filed ( by Judge U W. Clemon ) cm (SWB) (Entered: 07/07/1995)

July 7, 1995

State / Territory: Alabama

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: July 30, 1993

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

African American employees of South Central Bell

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

South Central Bell, 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

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 6,000,000

Issues

General:

Disparate Impact

Discrimination-area:

Promotion

Testing

Discrimination-basis:

Race discrimination

Race:

Black