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

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11107141/parties/faulk-v-home-oil-company-inc/


Judge(s)

Albritton, William Harold III (Alabama)

Attorney for Plaintiff

Childs, Robert F. Jr. (Alabama)

Crook, Bobbie Shaw (Alabama)

Harrell, Dusty Lynn (Alabama)

Attorney for Defendant

James, Frank Samuel (Alabama)

Documents in the Clearinghouse

Documents in this case

2:96-cv-01384

DOCKET [PACER]

Dec. 7, 2000

Dec. 7, 2000

Docket
10

2:96-cv-01384

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

April 11, 1997

April 11, 1997

Order/Opinion

173 F.R.D. 311

45

2:96-cv-01384

Memorandum Opinion and Order (Denying Class Certification)

March 9, 1999

March 9, 1999

Order/Opinion

184 F.R.D. 645

52

2:96-cv-01384

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

June 28, 1999

June 28, 1999

Order/Opinion

186 F.R.D. 660

110

2:96-cv-01384

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

Sept. 22, 2000

Sept. 22, 2000

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11107141/faulk-v-home-oil-company-inc/

Last updated Sept. 22, 2026, 6:56 p.m.

Docket for: Faulk v. Home Oil Company Inc
ECF Number Date Description Link
1 Sept. 4, 1996

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)

RECAP
Sept. 5, 1996

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

PACER
Sept. 5, 1996

File referred to Judge Albritton (ajr)

2 Oct. 15, 1996

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)

RECAP
3 Oct. 15, 1996

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

RECAP
4 Nov. 7, 1996

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)

RECAP
5 Nov. 7, 1996

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)

RECAP
6 Nov. 8, 1996

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)

RECAP
7 Nov. 22, 1996

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)

RECAP
8 Dec. 2, 1996

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)

RECAP
9 Dec. 10, 1996

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)

RECAP
10 April 11, 1997

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)

RECAP
11 April 11, 1997

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)

RECAP
12 April 21, 1997

ANSWER to Complaint by Home Oil Company Inc, James Quintero ; referred to Judge W. H. Albritton III (dmk) (Entered: 04/22/1997)

RECAP
13 April 23, 1997

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)

RECAP
April 23, 1997

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

PACER
April 23, 1997

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

14 Sept. 2, 1997

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

RECAP
15 Sept. 8, 1997

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)

RECAP
16 Sept. 29, 1997

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

RECAP
Sept. 29, 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)

PACER
Sept. 29, 1997

Stamped ORDER granting [14-1] motion to Intervene by Kent Grubbs ( by Judge W. H. Albritton III ), copies mailed to counsel. (dmk)

17 Oct. 14, 1997

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)

RECAP
Oct. 15, 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)

PACER
Oct. 15, 1997

Stamped ORDER granting [17-1] joint motion to Extend Deadlines ( by Judge W. H. Albritton III ); copies mailed to counsel. (dkt clerk)

18 Oct. 22, 1997

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)

RECAP
19 Nov. 6, 1997

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)

RECAP
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)

PACER
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)

20 Jan. 15, 1998

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

RECAP
21 Feb. 2, 1998

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

RECAP
22 Feb. 3, 1998

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)

RECAP
23 Feb. 9, 1998

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, Kent Grubbs 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: 02/09/1998)

RECAP
Feb. 10, 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)

PACER
Feb. 10, 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)

24 March 16, 1998

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)

RECAP
March 17, 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)

PACER
March 17, 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)

25 April 13, 1998

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)

RECAP
April 14, 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)

PACER
April 14, 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)

26 May 27, 1998

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)

RECAP
27 May 28, 1998

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)

RECAP
May 28, 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)

PACER
May 28, 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)

28 May 29, 1998

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)

RECAP
29 June 1, 1998

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)

RECAP
June 1, 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)

PACER
June 1, 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)

30 June 23, 1998

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)

RECAP
31 June 25, 1998

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)

RECAP
32 July 21, 1998

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)

RECAP
July 22, 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)

PACER
July 22, 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)

33 Aug. 6, 1998

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)

RECAP
Aug. 7, 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)

PACER
Aug. 7, 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)

34 Aug. 26, 1998

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)

RECAP
35 Aug. 26, 1998

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)

RECAP
36 Aug. 28, 1998

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)

RECAP
Sept. 8, 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)

PACER
Sept. 8, 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)

37 Sept. 15, 1998

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)

RECAP
Sept. 16, 1998

Stamped ORDER granting [37-1] motion to Extend Time 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)

38 Sept. 29, 1998

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)

RECAP
Oct. 1, 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)

PACER
Oct. 1, 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)

39 Oct. 28, 1998

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)

RECAP
40 Oct. 28, 1998

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)

RECAP
41 Nov. 23, 1998

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)

RECAP
42 Nov. 25, 1998

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)

RECAP
43 Nov. 25, 1998

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)

RECAP
44 March 9, 1999

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)

RECAP
45 March 9, 1999

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)

RECAP
46 March 18, 1999

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)

RECAP
47 June 1, 1999

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)

RECAP
48 June 10, 1999

AMENDED ANSWER to Complaint by Home Oil Company Inc: amends [12-1] answer by James Quintero, Home Oil Company Inc (dkt clerk) (Entered: 06/10/1999)

RECAP
49 June 10, 1999

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)

RECAP
June 10, 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)

PACER
June 10, 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)

50 June 16, 1999

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)

RECAP
51 June 16, 1999

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)

RECAP
52 June 28, 1999

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)

RECAP
53 Nov. 5, 1999

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)

RECAP
Nov. 8, 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)

PACER
Nov. 8, 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)

54 Nov. 19, 1999

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

RECAP
55 Nov. 19, 1999

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)

RECAP
56 Nov. 19, 1999

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

RECAP
57 Nov. 19, 1999

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)

RECAP
58 Nov. 19, 1999

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)

RECAP
59 Nov. 22, 1999

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)

RECAP
60 Nov. 22, 1999

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)

RECAP
61 Nov. 22, 1999

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)

RECAP
62 Dec. 1, 1999

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)

RECAP
63 Dec. 2, 1999

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)

RECAP
64 Dec. 7, 1999

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)

RECAP
65 Dec. 7, 1999

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)

RECAP
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)

PACER
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)

Case Details

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

Private Entity/Person

Home Oil Company, Inc.

Defendant Type(s):

Retailer

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Other Dockets:

Middle District of Alabama 2:96-cv-01384

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $386,454.40

Issues

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Hiring

Pay / Benefits

Promotion

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

White

Recommended Citation