Case: Faulk v. Home Oil Co., Inc.

2:96-cv-01384 | U.S. District Court for the Middle District of Alabama

Filed Date: Sept. 4, 1996

Closed Date: 2000

Clearinghouse coding complete

Case Summary

On September 4, 1996, a group of African-American employees filed a complaint, under 42 U.S.C. §1981 and Title VII of U.S.C. §2000(e), against Home Oil Company, Inc. We do not have a copy of the complaint; however, it is evident that the plaintiffs, represented by private counsel, sought injunctive, declaratory, and monetary relief claiming that they were victims of racial discrimination on the basis of promotions, hostile environment, termination, equal pay, and unfair hiring. On November 7…

On September 4, 1996, a group of African-American employees filed a complaint, under 42 U.S.C. §1981 and Title VII of U.S.C. §2000(e), against Home Oil Company, Inc. We do not have a copy of the complaint; however, it is evident that the plaintiffs, represented by private counsel, sought injunctive, declaratory, and monetary relief claiming that they were victims of racial discrimination on the basis of promotions, hostile environment, termination, equal pay, and unfair hiring.

On November 7, 1996, the defendant filed a motion to dismiss the claims contained in a portion of the complaint. During the next months, both parties filed responses for and against showing cause as to why the defendants' motion should not be granted. Finally, on April 11, 1997, the Court (Hon. W. Harold Albritton) denied the motion to dismiss the claims.

On June 1, 1998, plaintiffs moved to certify a class, which was denied by the Court on March 9, 1999. Plaintiffs filed a second motion for class certification on June 16, 1999, which was immediately denied on June 28, 1999. The plaintiffs then proceeded on their individual discrimination claims.

On February 16, 2000, the Court granted in part and denied in part the Defendants' Motion for Summary Judgment on the claims of a number, but not all, of the original plaintiffs. The parties mediated the remaining claims. Mediations finally resulted in a settlement in which the Defendant agreed to pay a total of $200,000 to the remaining plaintiffs. On April 13, 2000, plaintiffs filed a motion for attorneys' fees and expenses. On September 22, 2000, the Court ordered that the defendants' pay an additional $186,454.40 in legal expenses and attorneys' fees.

People


Judge(s)

Albritton, William Harold III (Alabama)

Attorneys(s) for Plaintiff

Childs, Robert F. Jr. (Alabama)

Crook, Bobbie Shaw (Alabama)

Harrell, Dusty Lynn (Alabama)

Robertson, Ann C (Alabama)

Weiner, Maury S. (Alabama)

Attorneys(s) for Defendant

Proctor, Robert D. (Alabama)

Redmond, Wesley Clyde (Alabama)

Vreeland, Albert Loring II (Alabama)

Judge(s)

Albritton, William Harold III (Alabama)

Attorneys(s) for Plaintiff

Childs, Robert F. Jr. (Alabama)

Crook, Bobbie Shaw (Alabama)

Harrell, Dusty Lynn (Alabama)

Robertson, Ann C (Alabama)

Weiner, Maury S. (Alabama)

Attorneys(s) for Defendant

Proctor, Robert D. (Alabama)

Redmond, Wesley Clyde (Alabama)

Vreeland, Albert Loring II (Alabama)

Documents in the Clearinghouse

Document

DOCKET [PACER]

Dec. 7, 2000 Docket
10

Memorandum and Opinion (Denying Defendant's Motion to Dismiss and Motion for More Definite Statement)

173 F.R.D. 311

April 11, 1997 Order/Opinion
45

Memorandum Opinion and Order (Denying Class Certification)

184 F.R.D. 645

March 9, 1999 Order/Opinion
52

Memorandum Opinion and Order (Denying Motion to Certify Plaintiff Class)

186 F.R.D. 660

June 28, 1999 Order/Opinion
110

Memorandum Opinion and Order (Granting Plaintiffs Attorneys' Fees and other Expenses)

Sept. 22, 2000 Order/Opinion

Resources

Title Description External URL

Judicial Independence, Employment Discrimination Studies Funded

Ann Nicholson

This brief article describes the Clearinghouse's award of $12,000 to build its collection of employment discrimination class actions brought by private plaintiffs. Nov. 1, 2008 https://law.wustl.edu/...

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT (Containing request for injunctive relief) Filing Fee $ 120.00 Receipt # 61457 (ajr) (Entered: 09/05/1996)

Sept. 4, 1996
1

DEMAND for jury trial by Gloria Faulk, Mary Grover, Robert Condrey, Virginia Tatum, Sherrie Cunningham, Esther West, Tommy R. Grubbs, Ella Faye Evans, Emma Jean McCleod, Norma Kinsman, Pamela R. Humphrey, Frances L. Myles, Casandra Hodo, Harvette Culver, Kim Whitehurst (ajr) (Entered: 09/05/1996)

Sept. 4, 1996

File referred to Judge Albritton (ajr) (Entered: 09/05/1996)

Sept. 5, 1996
2

REQUEST FOR WAIVER of Service as to Home Oil Company Inc, James Quintero 9/6/96 Waiver of Service due by 10/6/96 for James Quintero, for Home Oil Company Inc Answer deadline projected for 11/5/96 for James Quintero, for Home Oil Company Inc (dmk) (Entered: 10/15/1996)

Oct. 15, 1996
3

WAIVER OF SERVICE Returned Executed as to Home Oil Company Inc (dmk) (Entered: 10/15/1996)

Oct. 15, 1996
4

MOTION by Home Oil Company Inc, James Quintero for More Definite Statement of their claims ; referred to Judge W. H. Albritton III (ajr) (Entered: 11/07/1996)

Nov. 7, 1996
5

MOTION by Home Oil Company Inc, James Quintero to Dismiss claims contained in count two of complaint ; referred to Judge W. H. Albritton III (ajr) (Entered: 11/07/1996)

Nov. 7, 1996
6

ORDER TO SHOW CAUSE as to why defendants' motions should not be granted: Response to Order to Show Cause due on 11/22/96 for Kim Whitehurst, for Harvette Culver, for Casandra Hodo, for Frances L. Myles, for Pamela R. Humphrey, for Norma Kinsman, for Emma Jean McCleod, for Ella Faye Evans, for Tommy R. Grubbs, for Esther West, for Sherrie Cunningham, for Virginia Tatum, for Robert Condrey, for Mary Grover, for Gloria Faulk [5−1] motion to Dismiss claims contained in count two of complaint by James Quintero, Home Oil Company Inc set for submission on 11/22/96, [4−1] motion for More Definite Statement of their claims by James Quintero, Home Oil Company Inc set for submission on 11/22/96 ( signed by Judge W. H. Albritton III ) , copies mailed to counsel; furnished to EL. (vmc) (Entered: 11/08/1996)

Nov. 8, 1996
7

Response by Gloria Faulk, Mary Grover, Robert Condrey, Virginia Tatum, Sherrie Cunningham, Esther West, Tommy R. Grubbs, Ella Faye Evans, Emma Jean McCleod, Norma Kinsman, Pamela R. Humphrey, Frances L. Myles, Casandra Hodo, Harvette Culver, Kim Whitehurst to [6−1] Order to Show Cause re: motion to dismiss and motion for more definite statement; referred to Judge W. H. Albritton III (dmk) (Entered: 11/22/1996)

Nov. 22, 1996
8

NOTICE of Attorney Appearance for Gloria Faulk, Mary Grover, Robert Condrey, Virginia Tatum, Sherrie Cunningham, Esther West, Tommy R. Grubbs, Ella Faye Evans, Emma Jean McCleod, Norma Kinsman, Pamela R. Humphrey, Frances L. Myles, Casandra Hodo, Harvette Culver, Kim Whitehurst by Bobbie S. Crook (dmk) (Entered: 12/02/1996)

Dec. 2, 1996
9

RESPONSE by Home Oil Company Inc, James Quintero to Plaintiffs' Response to Show Cause Order re: Motion to Dismiss and Motion for More Definite Statement ; referred to Judge W. H. Albritton III (dmk) (Entered: 12/10/1996)

Dec. 10, 1996
10

MEMORANDUM OPINION AND ORDER denying [5−1] motion to Dismiss claims contained in count two of complaint, denying [4−1] motion for More Definite Statement of their claims, setting Answer deadline to 4/21/97 for James Quintero, for Home Oil Company Inc ( signed by Judge W. H. Albritton III ), copies mailed to counsel (dmk) (Entered: 04/11/1997)

April 11, 1997
11

ORDER, setting rule 16 Scheduling Conference for 8:45 4/23/97 before Judge W. H. Albritton III ( signed by Judge W. H. Albritton III ) , copies mailed to counsel; furnished to MT, EL. (dmk) (Entered: 04/11/1997)

April 11, 1997

Scheduling conference held before Judge W. H. Albritton III on 4/23/97 (dmk) (Entered: 04/23/1997)

April 23, 1997
13

ORDER that parties conduct discovery on class certification issues and depose plaintiffs by 10/23/97; that plaintiffs submit motion, affidavits, deposition excerpts, evidence and brief in support of class certification by 11/24/97; that defendants respond by 12/24/97 and plaintiffs reply by 1/8/98; that motion will be submitted 1/8/98; that this case will be set for another scheduling conference after issue of class certification is determined ( signed by Judge W. H. Albritton III ) , copies mailed to counsel. (dmk) (Entered: 04/23/1997)

April 23, 1997
14

MOTION to Intervene by Kent Grubbs referred to Judge W. H. Albritton III (dmk) (Entered: 09/02/1997)

Sept. 2, 1997
15

ORDER TO SHOW CAUSE why motion to intervene should not be granted: Response to Order to Show Cause due on 9/22/97 for James Quintero, for Home Oil Company Inc, for Kim Whitehurst, for Harvette Culver, for Casandra Hodo, for Frances L. Myles, for Pamela R. Humphrey, for Norma Kinsman, for Emma Jean McCleod, for Ella Faye Evans, for Tommy R. Grubbs, for Esther West, for Sherrie Cunningham, for Virginia Tatum, for Robert Condrey, for Mary Grover, for Gloria Faulk [14−1] motion to Intervene by Kent Grubbs set for submission on 9/22/97 ( signed by Judge W. H. Albritton III ) , copies mailed to counsel. (dmk) (Entered: 09/08/1997)

Sept. 8, 1997

Stamped ORDER granting [14−1] motion to Intervene by Kent Grubbs ( by Judge W. H. Albritton III ) , copies mailed to counsel. (dmk) (Entered: 09/29/1997)

Sept. 29, 1997
16

Intervenor's COMPLAINT by Kent Grubbs against Home Oil Company Inc, James Quintero; jury demand (dmk) (Entered: 09/29/1997)

Sept. 29, 1997
17

JOINT MOTION by Gloria Faulk, Mary Grover, Robert Condrey, Virginia Tatum, Sherrie Cunningham, Esther West, Tommy R. Grubbs, Ella Faye Evans, Emma Jean McCleod, Norma Kinsman, Pamela R. Humphrey, Frances L. Myles, Casandra Hodo, Harvette Culver, Kim Whitehurst, Home Oil Company Inc, James Quintero to Extend Deadlines ; referred to Judge W. H. Albritton III (dmk) (Entered: 10/14/1997)

Oct. 14, 1997

Stamped ORDER granting [17−1] joint motion to Extend Deadlines ( by Judge W. H. Albritton III ); copies mailed to counsel. (dkt clerk) (Entered: 10/15/1997)

Oct. 15, 1997
18

ANSWER by Home Oil Company Inc, James Quintero to [16−1] intervenor complaint referred to Judge W. H. Albritton III (dmk) (Entered: 10/22/1997)

Oct. 22, 1997
19

JOINT MOTION by Gloria Faulk, Mary Grover, Robert Condrey, Virginia Tatum, Sherrie Cunningham, Esther West, Tommy R. Grubbs, Ella Faye Evans, Emma Jean McCleod, Norma Kinsman, Pamela R. Humphrey, Frances L. Myles, Casandra Hodo, Harvette Culver, Kim Whitehurst, Home Oil Company Inc, James Quintero to Extend deadlines in 4/23/97 order ; referred to Judge W. H. Albritton III (dmk) (Entered: 11/06/1997)

Nov. 6, 1997

Stamped ORDER granting [19−1] joint motion to Extend deadlines in 4/23/97 order ( by Judge W. H. Albritton III ) , copies mailed to counsel. (dmk) (Entered: 11/06/1997)

Nov. 6, 1997
20

NOTICE of Attorney Appearance for James Quintero by Robert David Proctor, Albert Loring Vreeland II (dkt clerk) (Entered: 01/16/1998)

Jan. 15, 1998
21

JOINT STIPULATION of dismissal of fewer than all defendants; referred to Judge Albritton (ajr) (Entered: 02/03/1998)

Feb. 2, 1998
22

ORDER dismissing with prejudice defendant James Quintero; that each party bear their own costs; that this case shall proceed against remaining defendant Home Oil Co., Inc. ( signed by Judge W. H. Albritton III ) , copies mailed to counsel. (dmk) (Entered: 02/03/1998)

Feb. 3, 1998

Stamped ORDER granting [23−1] joint motion to Extend Deadlines for Plaintiffs to Submit Papers In Support of Class Certification and for Defendant's Response ( by Judge W. H. Albritton III ) , copies mailed to counsel. (dmk) (Entered: 02/10/1998)

Feb. 10, 1998
24

JOINT MOTION by Gloria Faulk, Mary Grover, Robert Condrey, Virginia Tatum, Sherrie Cunningham, Esther West, Tommy R. Grubbs, Ella Faye Evans, Emma Jean McCleod, Norma Kinsman, Pamela R. Humphrey, Frances L. Myles, Casandra Hodo, Harvette Culver, Kim Whitehurst, Home Oil Company Inc to Extend Deadlines for Plaintiffs to Submit Papers in Support of Class Certification and For Defendant's Response ; referred to Judge W. H. Albritton III (dmk) (Entered: 03/16/1998)

March 16, 1998

Stamped ORDER granting [24−1] joint motion to Extend Deadlines for Plaintiffs to Submit Papers in Support of Class Certification and For Defendant's Response ( by Judge W. H. Albritton III ) , copies mailed to counsel. (dmk) (Entered: 03/17/1998)

March 17, 1998
25

JOINT MOTION by Gloria Faulk, Mary Grover, Robert Condrey, Virginia Tatum, Sherrie Cunningham, Esther West, Tommy R. Grubbs, Ella Faye Evans, Emma Jean McCleod, Norma Kinsman, Pamela R. Humphrey, Frances L. Myles, Casandra Hodo, Harvette Culver, Kim Whitehurst, Home Oil Company Inc to Extend deadlines for plaintiffs to submit papers in support of class certification and for defendant's response ; referred to Judge W. H. Albritton III (cc) (Entered: 04/14/1998)

April 13, 1998

Stamped ORDER granting [25−1] joint motion to Extend deadlines for plaintiffs to submit papers in support of class certification and for defendant's response; brief in support due by 5/23/98 for Kim Whitehurst, for Harvette Culver, for Casandra Hodo, for Frances L. Myles, for Pamela R. Humphrey, for Norma Kinsman, for Emma Jean McCleod, for Ella Faye Evans, for Tommy R. Grubbs, for Esther West, for Sherrie Cunningham, for Virginia Tatum, for Robert Condrey, for Mary Grover, for Gloria Faulk ; setting reply brief deadline for 6/24/98 for Home Oil Company Inc ( by Judge W. H. Albritton III ) , copies mailed to counsel. (cc) (Entered: 04/14/1998)

April 14, 1998
26

MOTION by Gloria Faulk, Mary Grover, Robert Condrey, Virginia Tatum, Sherrie Cunningham, Esther West, Tommy R. Grubbs, Ella Faye Evans, Emma Jean McCleod, Norma Kinsman, Pamela R. Humphrey, Frances L. Myles, Casandra Hodo, Harvette Culver, Kim Whitehurst for Leave to File brief and evidence in support of class certification one day out of time (Brief attached; evidentiary materials maintained in separate binder with file) referred to Judge W. H. Albritton III (ajr) (Entered: 05/28/1998)

May 27, 1998

Stamped ORDER granting [26−1] motion for Leave to File brief and evidence in support of class certification one day out of time ( by Judge W. H. Albritton III ) , copies mailed to counsel. (ajr) (Entered: 05/28/1998)

May 28, 1998
27

BRIEF by Gloria Faulk, Mary Grover, Robert Condrey, Virginia Tatum, Sherrie Cunningham, Esther West, Tommy R. Grubbs, Ella Faye Evans, Emma Jean McCleod, Norma Kinsman, Pamela R. Humphrey, Frances L. Myles, Casandra Hodo, Harvette Culver, Kim Whitehurst in support of class certification; referred to Judge W. H. Albritton III (ajr) (Entered: 06/01/1998)

May 28, 1998
28

MOTION by Gloria Faulk, Mary Grover, Robert Condrey, Virginia Tatum, Sherrie Cunningham, Esther West, Tommy R. Grubbs, Ella Faye Evans, Emma Jean McCleod, Norma Kinsman, Pamela R. Humphrey, Frances L. Myles, Casandra Hodo, Harvette Culver, Kim Whitehurst, Home Oil Company Inc, James Quintero, Kent Grubbs, Kent Grubbs for Leave to File Motion for Class Certification Out of Time ; (Plaintiffs' Motion for Class Certification attached) referred to Judge W. H. Albritton III (dkt clerk) Modified on 06/01/1998 (Entered: 06/01/1998)

May 29, 1998

Stamped ORDER granting [28−1] motion for Leave to File Motion for Class Certification Out of Time ( by Judge W. H. Albritton III ); copies mailed to counsel (dkt clerk) (Entered: 06/01/1998)

June 1, 1998
29

MOTION by Gloria Faulk, Mary Grover, Robert Condrey, Virginia Tatum, Sherrie Cunningham, Esther West, Tommy R. Grubbs, Ella Faye Evans, Emma Jean McCleod, Norma Kinsman, Pamela R. Humphrey, Frances L. Myles, Casandra Hodo, Harvette Culver, Kim Whitehurst to Certify Class referred to Judge W. H. Albritton III (djy) (Entered: 06/10/1998)

June 1, 1998
30

MOTION by Home Oil Company Inc to Extend Time to File Materials In Response to Motion for Class Certification referred to Judge W. H. Albritton III h(hc) (Entered: 06/24/1998)

June 23, 1998
31

ORDER granting [30−1] motion to Extend Time to File Materials In Response to Motion for Class Certification, Defendants' Response to Motion reset to 7/27/98 for [29−1] motion to Certify Class , set reply brief deadline for 8/5/98 for Kim Whitehurst, for Harvette Culver, for Casandra Hodo, for Frances L. Myles, for Pamela R. Humphrey, for Norma Kinsman, for Emma Jean McCleod, for Ella Faye Evans, for Tommy R. Grubbs, for Esther West, for Sherrie Cunningham, for Virginia Tatum, for Robert Condrey, for Mary Grover, for Gloria Faulk [29−1] motion to Certify Class by plaintiffs set for submission on 8/5/98 ( signed by Judge W. H. Albritton III ) , copies mailed to counsel. (war) (Entered: 06/25/1998)

June 25, 1998
32

MOTION by Home Oil Company Inc to Extend Time to File Materials in Response to Motion for Class Certification , referred to Judge W. H. Albritton III h(hc) (Entered: 07/22/1998)

July 21, 1998

Stamped ORDER granting [32−1] motion to Extend Time to File Materials in Response to Motion for Class Certification ( by Judge W. H. Albritton III ) , copies mailed to counsel . (dmk) (Entered: 07/22/1998)

July 22, 1998
33

MOTION by Home Oil Company Inc to Extend Time to File Materials in Response to Motion for Class Certification referred to Judge W. H. Albritton III (dmk) (Entered: 08/06/1998)

Aug. 6, 1998

Stamped ORDER granting [33−1] motion to Extend Time to File Materials in Response to Motion for Class Certification ( by Judge W. H. Albritton III ) , copies mailed to counsel . (dmk) (Entered: 08/07/1998)

Aug. 7, 1998
34

BRIEF by Home Oil Company Inc in opposition to [29−1] motion to Certify Class referred to Judge W. H. Albritton III (dmk) (Entered: 08/26/1998)

Aug. 26, 1998
35

EVIDENTIARY SUBMISSION by Home Oil Company Inc in opposition to [29−1] motion to Certify Class (Exhibits 1−33 maintained in separate binder); referred to Judge W. H. Albritton III (dmk) (Entered: 08/26/1998)

Aug. 26, 1998
36

MOTION by Gloria Faulk, Mary Grover, Robert Condrey, Virginia Tatum, Sherrie Cunningham, Esther West, Tommy R. Grubbs, Ella Faye Evans, Emma Jean McCleod, Norma Kinsman, Pamela R. Humphrey, Frances L. Myles, Casandra Hodo, Harvette Culver, Kim Whitehurst to Extend Time to File Reply to Defendants Opposition to Motion for Class Certification ; referred to Judge W. H. Albritton III (dmk) (Entered: 08/28/1998)

Aug. 28, 1998

Stamped ORDER granting [36−1] motion to Extend Time to File Reply to Defendants Opposition to Motion for Class Certification ( by Judge W. H. Albritton III ) , copies mailed to counsel. (dmk) (Entered: 09/08/1998)

Sept. 8, 1998
37

MOTION by Gloria Faulk, Mary Grover, Robert Condrey, Virginia Tatum, Sherrie Cunningham, Esther West, Tommy R. Grubbs, Ella Faye Evans, Emma Jean McCleod, Norma Kinsman, Pamela R. Humphrey, Frances L. Myles, Casandra Hodo, Harvette Culver, Kim Whitehurst to Extend Time in which to file Reply to Defendant's Opposition to Motion for Class Certification , referred to Judge W. H. Albritton III h(hc) (Entered: 09/16/1998)

Sept. 15, 1998
38

MOTION by Gloria Faulk, Mary Grover, Robert Condrey, Virginia Tatum, Sherrie Cunningham, Esther West, Tommy R. Grubbs, Ella Faye Evans, Emma Jean McCleod, Norma Kinsman, Pamela R. Humphrey, Frances L. Myles, Casandra Hodo, Harvette Culver, Kim Whitehurst For Additional Seven Days In Which to File Reply to Defendant's Opposition to Motion for Class Certification referred to Judge W. H. Albritton III (dmk) (Entered: 09/30/1998)

Sept. 29, 1998

Stamped ORDER granting [38−1] motion For Additional Seven Days In Which to File Reply to Defendant's Opposition to Motion for Class Certification ( by Judge W. H. Albritton III ) , copies mailed to counsel. (dmk) (Entered: 10/01/1998)

Oct. 1, 1998
39

REPLY BRIEF by Gloria Faulk, Mary Grover, Robert Condrey, Virginia Tatum, Sherrie Cunningham, Esther West, Tommy R. Grubbs, Ella Faye Evans, Emma Jean McCleod, Norma Kinsman, Pamela R. Humphrey, Frances L. Myles, Casandra Hodo, Harvette Culver, Kim Whitehurst in support of [29−1] motion to Certify Class by plaintiffs; referred to Judge W. H. Albritton III (dmk) (Entered: 10/28/1998)

Oct. 28, 1998
40

SUPPLEMENTAL EVIDENTIARY SUBMISSION by Gloria Faulk, Mary Grover, Robert Condrey, Virginia Tatum, Sherrie Cunningham, Esther West, Tommy R. Grubbs, Ella Faye Evans, Emma Jean McCleod, Norma Kinsman, Pamela R. Humphrey, Frances L. Myles, Casandra Hodo, Harvette Culver, Kim Whitehurst in support of [29−1] motion to Certify Class (Exhibits 1−22 maintained in separate binder); referred to Judge W. H. Albritton III (dmk) (Entered: 10/28/1998)

Oct. 28, 1998
41

MOTION by Home Oil Company Inc for Leave to File Response to Reply Brief in Support of Plaintiffs' Motion for Class Certification ; referred to Judge W. H. Albritton III (dmk) (Entered: 11/23/1998)

Nov. 23, 1998
42

ORDER granting [41−1] motion for Leave to File Response to Reply Brief in Support of Plaintiffs' Motion for Class Certification until 12/4/98; [29−1] motion to Certify Class by plaintiffs set for submission on 12/4/98 ( signed by Judge W. H. Albritton III ) , copies mailed to counsel. (dmk) (Entered: 11/25/1998)

Nov. 25, 1998
43

RESPONSE by Home Oil Company Inc to [39−1] brief reply by plaintiffs in support of plaintiffs' motion for class certification (Exhibits 1−12 attached); referred to Judge W. H. Albritton III (dmk) (Entered: 12/01/1998)

Nov. 25, 1998
44

ORDER, set Scheduling Conference for 8:30 3/18/99 before Judge W. H. Albritton III in chambers at the FMJ, Jr. Fed. Bldg. &US Courthouse in Montg., AL, as further set out in order (signed by Judge W. H. Albritton III), copies mailed to counsel. Furnished to EL, DH, HC. h(hc) (Entered: 03/09/1999)

March 9, 1999
45

MEMORANDUM OPINION AND ORDER denying [29−1] Motion to Certify Class (signed by Judge W. H. Albritton III), copies mailed to counsel. h(hc) (Entered: 03/09/1999)

March 9, 1999
46

SCHEDULING ORDER setting Pretrial Conference for 2/7/00 in Montg., AL. before Judge W. H. Albritton III; Motion Filing deadline on 11/9/99; Discovery cutoff 1/24/00; Jury Trial set for 3/6/00 in Montg., AL. before Judge W. H. Albritton III; set Amended Pleading deadline for 6/1/99; Mediation Notice deadline on 12/6/99 (signed by Judge W. H. Albritton III), copies mailed to counsel. Furnished to EL, CAC, DH, HC. h(hc) (Entered: 03/18/1999)

March 18, 1999
47

MOTION by Home Oil Company Inc for Leave to File Amended Answer and Amended Answer to Complaint−In−Intervention (Exhibit A &B attached), referred to Judge W. H. Albritton III h(hc) (Entered: 06/01/1999)

June 1, 1999

Stamped ORDER granting [47−1] motion for Leave to File Amended Answer and Amended Answer to Complaint−In−Intervention ( by Judge W. H. Albritton III ); copies mailed to counsel (dkt clerk) (Entered: 06/10/1999)

June 10, 1999
49

AMENDED ANSWER to Complaint−In−Intervention by Home Oil Company Inc: amends [18−1] intervenor answer by James Quintero, Home Oil Company Inc (dkt clerk) (Entered: 06/10/1999)

June 10, 1999
50

MOTION by Gloria Faulk, Mary Grover, Robert Condrey, Virginia Tatum, Sherrie Cunningham, Esther West, Tommy R. Grubbs, Ella Faye Evans, Emma Jean McCleod, Norma Kinsman, Pamela R. Humphrey, Frances L. Myles, Casandra Hodo, Harvette Culver, Kim Whitehurst for Class Certification , referred to Judge W. H. Albritton III h(hc) (Entered: 06/17/1999)

June 16, 1999
51

MEMORANDUM BRIEF by Gloria Faulk, Mary Grover, Robert Condrey, Virginia Tatum, Sherrie Cunningham, Esther West, Tommy R. Grubbs, Ella Faye Evans, Emma Jean McCleod, Norma Kinsman, Pamela Humphrey, Frances L. Myles, Casandra Hodo, Harvette Culver, Kim Whitehurst in support of [50−1] Motion for Class Certification (w/attachment), referred to Judge W. H. Albritton III h(hc) (Entered: 06/17/1999)

June 16, 1999
52

MEMORANDUM OPINION AND ORDER denying [50−1] Motion for Class Certification (signed by Judge W. H. Albritton III), copies mailed to counsel. h(hc) (Entered: 06/28/1999)

June 28, 1999
53

MOTION by Home Oil Company Inc to Extend Time to File Dispositive Motions , referred to Judge W. H. Albritton III h(hc) (Entered: 11/05/1999)

Nov. 5, 1999

Stamped ORDER granting [53−1] Motion to Extend Time to File Dispositive Motions, reset Motion Filing deadline to 1/19/99 (by Judge W. H. Albritton, III), copies mailed to Counsel. h(hc) (Entered: 11/08/1999)

Nov. 8, 1999
54

MOTION by Home Oil Company Inc to Dismiss (w/attachment), referred to Judge W. H. Albritton III h(hc) (Entered: 11/22/1999)

Nov. 19, 1999
55

MOTION by Home Oil Company Inc to Dismiss Plaintiff, Harvett Culver's Complaint (Exhibit A attached), referred to Judge W. H. Albritton, III h(hc) (Entered: 11/22/1999)

Nov. 19, 1999
56

MOTION by Home Oil Company Inc for Summary Judgment , referred to Judge W. H. Albritton, III h(hc) (Entered: 11/22/1999)

Nov. 19, 1999
57

BRIEF by Home Oil Company Inc in support of [56−1] Motion for Summary Judgment (Exhibits 1 − 16 maintained in separate brown folder), referred to Judge W. H. Albritton, III h(hc) (Entered: 11/22/1999)

Nov. 19, 1999
58

EVIDENTIARY SUBMISSION by Home Oil Company Inc in support of [56−1] Motion for Summary Judgment (Exhibits A − K, Vol. 1; Exhibits L − R1−11, Vol 2; Exhibits R12−46, S1−3, T and U, Vol. 3) maintained in separate brown folders, referred to Judge W. H. Albritton, III h(hc) (Entered: 11/22/1999)

Nov. 19, 1999
59

ORDER TO SHOW CAUSE why Dft Motion to Dismiss as to Pla Pamela Humphrey should not be granted: Response to Order to Show Cause due on 12/6/99 for Kim Whitehurst, for Harvette Culver, for Casandra Hodo, for Frances L. Myles, for Pamela R. Humphrey, for Norma Kinsman, for Emma Jean McCleod, for Ella Faye Evans, for Tommy R. Grubbs, for Esther West, for Sherrie Cunningham, for Virginia Tatum, for Robert Condrey, for Grover, for Gloria Faulk; Dft Reply to Response to Show Cause, set deadline for Reply to Response to Order to Show Cause for 12/13/99 for Home Oil Company Inc ; [54−1] Motion to Dismiss by Home Oil Company Inc set for submission on 12/13/99 without oral hearing (signed by Judge W. H. Albritton, III), copies mailed to Counsel. h(hc) (Entered: 11/22/1999)

Nov. 22, 1999
60

ORDER TO SHOW CAUSE why Dft's Motion to Dismiss as to Pla Harvette Culver should not be granted: Response to Order to Show Cause due on 12/6/99 for Kim Whitehurst, for Harvette Culver, for Casandra Hodo, for Frances L. Myles, for Pamela R. Humphrey, for Norma Kinsman, for Emma Jean McCleod, for Ella Faye Evans, for Tommy R. Grubbs, for Esther West, for Sherrie Cunningham, for Virginia Tatum, for Robert Condrey, for Grover, for Gloria Faulk; Dft Reply to Response to Show Cause, set deadline for Reply to Response to Order to Show Cause for 12/13/99 for Home Oil Company Inc ; [55−1] Motion to Dismiss Plaintiff, Harvett Culver's Complaint by Home Oil Company Inc set for submission on 12/13/99 without oral hearing (signed by Judge W. H. Albritton, III), copies mailed to Counsel. h(hc) (Entered: 11/22/1999)

Nov. 22, 1999
61

ORDER [56−1] Motion for Summary Judgment by Home Oil Company Inc set for submission on 12/20/99 without oral argument; Pla shall file Affidavits, briefs, depo, or other docs in opposition, brief in opposition due by 12/13/99 for Kim Whitehurst, for Harvette Culver, for Casandra Hodo, for Frances L. Myles, for Pamela R. Humphrey, for Norma Kinsman, for Emma Jean McCleod, for Ella Faye Evans, for Tommy R. Grubbs, for Esther West, for Sherrie Cunningham, for Virginia Tatum, for Robert Condrey, for Grover, for Gloria Faulk ; Dft reply to brief in opposition, Reply to Brief in Opposition to Motion set to 12/20/99 for [56−1] Motion for Summary Judgment (signed by Judge W. H. Albritton, III), copies mailed to Counsel. h(hc) (Entered: 11/22/1999)

Nov. 22, 1999
62

MOTION by Harvette Culver for 10−Day Extension for Pla Harvette Culver to Show Cause why Dft's Motion to Dismiss Her Claims should not be granted , referred to Judge W. H. Albritton, III h(hc) (Entered: 12/02/1999)

Dec. 1, 1999
63

MOTION by Pamela R. Humphrey for Robert F. Childs, Jr., Ann C. Robertson, Maury S. Weiner, Laura M. Hitt and Bobbie S. Crook to Withdraw as Counsel , referred to Judge W. H. Albritton, III h(hc) (Entered: 12/02/1999)

Dec. 2, 1999
64

ORDER 1) granting [54−1] Motion to Dismiss; dismissing all Claims of Pamela Humphrey against Dfts with prejudice, for failure to prosecute her claim; 2) granting [63−1] Motion for Robert F. Childs, Jr., Ann C. Robertson, Maury Weiner, Laura M. Hitt and Bobbie S. Crook to Withdraw as Counsel (Terminated attorney Robert F. Childs for Pamela R. Humphrey, attorney Ann C. Robertson for Pamela R. Humphrey, attorney Maury Steven Weiner for Pamela R. Humphrey, attorney Bobbie S. Crook for Pamela R. Humphrey; directing Clerk to mail copy of Order to Pamela Humphrey as further set out in Order (signed by Judge W. H. Albritton, III), copies mailed to Counsel and Pamela Humphrey. h(hc) (Entered: 12/07/1999)

Dec. 7, 1999

Stamped ORDER granting [62−1] Motion for 10−Day Extension for Pla Harvette Culver to Show Cause why Dft's Motion to Dismiss Her Claims should not be granted (by Judge W. H. Albritton, III), copies mailed to Counsel. h(hc) (Entered: 12/07/1999)

Dec. 7, 1999
65

Notice Concerning Settlement Conference and Mediation filed by Gloria Faulk, Mary Grover, Robert Condrey, Virginia Tatum, Sherrie Cunningham, Esther West, Tommy R. Grubbs, Ella Faye Evans, Emma Jean McCleod, Norma Kinsman, Frances L. Myles, Casandra Hodo, Harvette Culver, Kim Whitehurst, referred to Judge W. H. Albritton, III h(hc) (Entered: 12/08/1999)

Dec. 7, 1999
66

BRIEF by Gloria Faulk, Mary Grover, Robert Condrey, Virginia Tatum, Sherrie Cunningham, Esther West, Tommy R. Grubbs, Ella Faye Evans, Emma Jean McCleod, Norma Kinsman, Frances L. Myles, Casandra Hodo, Harvette Culver, Kim Whitehurst in opposition to [56−1] Motion for Summary Judgment, referred to Judge W. H. Albritton, III h(hc) (Entered: 12/14/1999)

Dec. 13, 1999
67

EVIDENTIARY SUBMISSION by Gloria Faulk, Mary Grover, Robert Condrey, Virginia Tatum, Sherrie Cunningham, Esther West, Tommy R. Grubbs, Ella Faye Evans, Emma Jean McCleod, Norma Kinsman, Frances L. Myles, Casandra Hodo, Harvette Culver, Kim Whitehurst in opposition to [56−1] Motion for Summary Judgment (Exhibits 1 − 22; 23A − 23O maintained in separate brown folder), referred to Judge W. H. Albritton, III h(hc) Modified on 12/14/1999 (Entered: 12/14/1999)

Dec. 13, 1999
68

SUPPLEMENTAL EVIDENTIARY MATERIALS by Home Oil Company, Inc in support of [56−1] Motion for Summary Judgment (Exhibits A − C maintained in separate brown folder), referred to Judge W. H. Albritton h(hc) (Entered: 12/14/1999)

Dec. 13, 1999
70

ORDER granting [55−1] Motion to Dismiss Plaintiff, Harvett Culver's Complaint; dismissing all Claims of Harvette Culver with prejudice; directing Pla's Counsel to promptly furnish Clerk with last known address they have for Ms. Culver; directing Clerk to mail copy of Order to Ms. Culver at that address in addition to mailing copies to Counsel (signed by Judge W. H. Albritton, III ), copies mailed to Counsel and Ms. Culver. h(hc) (Entered: 12/17/1999)

Dec. 17, 1999
71

ORDER granting [69−1] Motion for Robert F. Childs, Ann C. Robertson, Maury S. Weiner, Laura M. Hitt and Bobbie S. Crook to Withdraw as Attorneys (Terminated Attorney Robert F. Childs, Bobbie S. Crook, Maury Steven Weiner and Ann C. Robertson for Harvette Culver; directing Clerk to maile copy of Order direct to Harvette at las known address, to be furnished by Plas' Counsel, in addition to mailing copies to counsel (signed by Judge W. H. Albritton, III), copies mailed to Counsel and Ms. Culver. h(hc) (Entered: 12/17/1999)

Dec. 17, 1999
72

REPLY by Home Oil Company Inc to [66−1] and [67−1] Briefs in opposition to Dft's Motion for Summary Judgment by Plas (Exhibits A − N maintained in separate brown folder), referred to Judge W. H. Albritton, III h(hc) (Entered: 12/21/1999)

Dec. 20, 1999
73

MOTION by Home Oil Company Inc to Strike Unauthenticated Documents (C, G, H, I, J, K and O) contained in [67−1] Evidentiary Submissions by Plas , or, alternatively, to Permit Dft to Submit Explanatory Response (Exhibit A attached), referred to Judge W. H. Albritton, III h(hc) (Entered: 12/21/1999)

Dec. 20, 1999

Orders of 12/17/99 mailed to Harvetta Culver at address provided by atty Bobbie S. Crook h(hc) (Entered: 12/21/1999)

Dec. 21, 1999

Order of 12/17/99 mailed to Harvette Culver; 2705 Pecan returned w/notation, "Return to Sender − Addressee Unknown" h(hc) (Entered: 12/28/1999)

Dec. 27, 1999
74

NOTICE of Filing of Additional Attachments to [72−1] Dft's Reply to Plas' Brief in Opposition to Dft's Motion for Summ Jgmt by Home Oil Company Inc. (Exhibit 1 attached), referred to Judge W. H. Albritton, III h(hc) (Entered: 12/28/1999)

Dec. 27, 1999
75

ORDER TO SHOW CAUSE why Dft's Motion to Strike should not be granted: Response to Order to Show Cause due on 1/11/00 for Kim Whitehurst, for Casandra Hodo, for Frances L. Myles, for Norma Kinsman, for Emma Jean McCleod, for Ella Faye Evans, for Tommy R. Grubbs, for Esther West, for Sherrie Cunningham, for Virginia Tatum, for Robert Condrey, for Mary Grover, for Gloria Faulk; [73−1] Motion to Strike Unauthenticated Documents (C, G, H, I, J, K and O) contained in [67−1] Evidentiary Submissions by Plas by Home Oil Company Inc set for submission on 1/11/00 without oral hearing (signed by Judge W. H. Albritton, III), copies mailed to Counsel. h(hc) (Entered: 12/28/1999)

Dec. 28, 1999

Order of 12/17/99 mailed to Harvette Culver at 2705 Pecan St returned w/notation "Return to Sender − Addressee Unknown"; P O Box 12005 returned w/notation "Returned to Sender − Forwarding Order Expired" h(hc) (Entered: 12/30/1999)

Dec. 30, 1999
76

ORDER, set Scheduling Order Deadlines: Pretrial Conference for 9:00 2/7/00 before Judge W. H. Albritton, III in chambers; Proposed Pretrial Order due 2/3/00; Jury Trial set for 3/6/00 before Judge W. H. Albritton, III ; Proposed Order on Pretrial Hearing attached (signed by Judge W. H. Albritton, III), copies mailed to Counsel. Furnished to EL, CAC, YG, HC. h(hc) Modified on 01/03/2000 (Entered: 01/03/2000)

Jan. 3, 2000
77

ORDER that Dft, Home Oil, Inc.,file a copy of the EEOC charges referenced in its brief on or before 1/10/00; directing Clerk to serve copy of this order to Attys for Parties by facsimile transmission (signed by Judge W. H. Albritton, III), copies mailed and faxed to Counsel. h(hc) (Entered: 01/05/2000)

Jan. 5, 2000
78

RESPONSE by Gloria Faulk, Mary Grover, Robert Condrey, Virginia Tatum, Sherrie Cunningham, Esther West, Tommy R. Grubbs, Ella Faye Evans, Emma Jean McCleod, Norma Kinsman, Frances L. Myles, Casandra Hodo, Kim Whitehurst to [73−1] Motion to Strike Unauthenticated Documents (C, G, H, I, J, K and O) contained in [67−1] Evidentiary Submissions by Plas by Home Oil Company Inc or alternatively, [73−2] Motion to Permit Dft to Submit Explanatory Response by Home Oil Company Inc., referred to Judge W. H. Albritton, III h(hc) (Entered: 01/07/2000)

Jan. 7, 2000
79

NOTICE of Filing of EEOC Charges by Home Oil Company Inc. (w/attachment), referred to Judge W. H. Albritton, III h(hc) (Entered: 01/11/2000)

Jan. 10, 2000
80

Witness list by Gloria Faulk, Mary Grover, Robert Condrey, Virginia Tatum, Sherrie Cunningham, Esther West, Tommy R. Grubbs, Ella Faye Evans, Emma Jean McCleod, Norma Kinsman, Frances L. Myles, Casandra Hodo, Kim Whitehurst; referred to Judge Albritton (dkt clerk) (Entered: 01/14/2000)

Jan. 14, 2000
81

NOTICE of Attorney Appearance for Gloria Faulk, Mary Grover, Robert Condrey, Virginia Tatum, Sherrie Cunningham, Esther West, Tommy R. Grubbs, Ella Faye Evans, Emma Jean McCleod, Norma Kinsman, Frances L. Myles, Casandra Hodo, Kim Whitehurst by Atty Dusty L. Harrell h(hc) (Entered: 02/07/2000)

Feb. 7, 2000
82

MOTION by Home Oil Company Inc to Sever some of the claims for trial , referred to Judge W. H. Albritton, III h(hc) (Entered: 02/07/2000)

Feb. 7, 2000

Pre−Trial Conference held before Judge W. H. Albritton, III on 2/7/00 h(hc) (Entered: 02/07/2000)

Feb. 7, 2000

State / Territory: Alabama

Case Type(s):

Equal Employment

Key Dates

Filing Date: Sept. 4, 1996

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

African-American and white employees of Home Oil Company, Inc., claiming to be victims of racial discrimination.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Home Oil Company, Inc. (Cowarts, Montgomery), 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

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $386,454.40

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Hiring

Pay / Benefits

Promotion

Discrimination-basis:

Race discrimination

Race:

Black

White