Case: Price v. Choctaw Glove & Safety Co., Inc.

4:03-cv-00167 | U.S. District Court for the Southern District of Mississippi

Filed Date: May 1, 2003

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On May 1, 2003, female employees filed suit in the U.S. District Court for the Southern District of Mississippi against a retailer. The plaintiffs, represented by private counsel, alleged sex discrimination in violation of 42 U.S.C. 1981 and Title VII of the Civil Rights Act of 1964. More specifically, plaintiffs alleged hiring practices that delegated women into lower-paying positions. The plaintiffs sought injunctive relief, a declaratory judgment, and damages. On June 1, 2004, the Court (…

On May 1, 2003, female employees filed suit in the U.S. District Court for the Southern District of Mississippi against a retailer. The plaintiffs, represented by private counsel, alleged sex discrimination in violation of 42 U.S.C. 1981 and Title VII of the Civil Rights Act of 1964. More specifically, plaintiffs alleged hiring practices that delegated women into lower-paying positions. The plaintiffs sought injunctive relief, a declaratory judgment, and damages.

On June 1, 2004, the Court (Hon. William H. Barbour) denied plaintiffs' class certification motion; the Court denied similar motions on August 10, 2004 and December 22, 2004. On September 17, 2004, the Court issued an order consolidating this case with another case against the same defendant and that alleged the same causes of action, but omitted claims under the Equal Pay Act.

On December 22, 2004, Judge Barbour dismissed this case without prejudice because the plaintiffs had not filed a pre-litigation complaint with the Equal Employment Opportunity Commission (EEOC), as required by statute. The United States Court of Appeals for the Fifth Circuit affirmed the District Court's decision on January 19, 2005. 459 F.3d 595.

Summary Authors

Maurice Youkanna (6/5/2014)

People

Judge(s)

Barbour, William Henry Jr. (Mississippi)

Davis, W. Eugene (Louisiana)

Dennis, James L. (Louisiana)

Attorney for Plaintiff

Brand, Samuel M. Jr. (Mississippi)

Attorney for Defendant

Eaton, John Wilson III (Mississippi)

Judge(s)

Barbour, William Henry Jr. (Mississippi)

Davis, W. Eugene (Louisiana)

Dennis, James L. (Louisiana)

Nicols, Alfred G. (Mississippi)

Attorney for Plaintiff

Brand, Samuel M. Jr. (Mississippi)

Horn, Dennis L. (Mississippi)

Attorney for Defendant

Eaton, John Wilson III (Mississippi)

Smith, Taylor B (Mississippi)

show all people

Documents in the Clearinghouse

Document

4:04-cv-00156

Docket [Docket of Consolidated Case]

Cleveland v. Choctaw Glove & Safety Co., Inc.

Sept. 17, 2004

Sept. 17, 2004

Docket

4:03-cv-00167

Docket [PACER]

Sept. 28, 2006

Sept. 28, 2006

Docket
96

4:03-cv-00167

Opinion and Order

Dec. 22, 2004

Dec. 22, 2004

Order/Opinion
99

4:03-cv-00167

0:05-60094

Appeal from the United States District Court for the Southern District of Mississippi [affirming district court dismissal]

U. S. Court of Appeals for the Fifth Circuit

Sept. 28, 2006

Sept. 28, 2006

Order/Opinion

Docket

Last updated July 9, 2023, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Filing Fee $ 150.00 Receipt # 00431; jury demand; Notice of Assignment mailed. (thr) (Entered: 08/26/2004)

Aug. 26, 2004

Aug. 26, 2004

Magistrate Judge Assignment Alfred G. Nicols (thr) (Entered: 08/26/2004)

Aug. 26, 2004

Aug. 26, 2004

Case assigned to Pending Track − designation of appropriate track will be made after Case Management Conference and a final track assignment. (thr) (Entered: 08/26/2004)

Aug. 26, 2004

Aug. 26, 2004

2

MOTION by plaintiffs to Consolidate Cases 4:04cv156 and 4:03cv167 (rrl) (Entered: 08/27/2004)

Aug. 27, 2004

Aug. 27, 2004

SUMMONS(ES) issued for defendant Choctaw Glove, defendant Allied Enterprises, defendant Glove Factory (rrl) (Entered: 09/02/2004)

Sept. 2, 2004

Sept. 2, 2004

3

ORDER granting [2−1] motion to Consolidate Cases 4:03cv167 and 4:04cv156 ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (rrl) (Entered: 09/20/2004)

Sept. 17, 2004

Sept. 17, 2004

Memo to courtroom deputies and counsel of record re consolidation of cases (rrl) (Entered: 09/20/2004)

Sept. 17, 2004

Sept. 17, 2004

Consolidated Member Case . Lead Case Number: 4:03cv167 (rrl) (Entered: 09/20/2004)

Sept. 17, 2004

Sept. 17, 2004

Case Details

State / Territory: Mississippi

Case Type(s):

Equal Employment

Key Dates

Filing Date: May 1, 2003

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are female employees who allege gender discrimination by their employer.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Choctaw Glove & Safety Company, Inc., Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

42 U.S.C. § 1981

Equal Pay Act, 29 U.S.C. § 206(d)

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

Declaratory Judgment Act, 28 U.S.C. § 2201

Available Documents:

Trial Court Docket

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Discrimination-area:

Hiring

Pay / Benefits

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female