Case: Hill v. Merrill Gardens LLC

1:04-cv-00248 | U.S. District Court for the Northern District of Indiana

Filed Date: June 25, 2004

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On June 25, 2004, two African-American job applicants filed this class action lawsuit in the U.S. District Court for the Northern District of Indiana, against Defendant Merrill Gardens LLC. Represented by private counsel, the plaintiffs alleged that the Merrill Gardens, a private corporation, maintained a secret policy of notating all African-Americans’ job applications in an effort to prevent African-Americans from being hired. This, they said, violated Title VII of the Civil Rights Act of 196…

On June 25, 2004, two African-American job applicants filed this class action lawsuit in the U.S. District Court for the Northern District of Indiana, against Defendant Merrill Gardens LLC. Represented by private counsel, the plaintiffs alleged that the Merrill Gardens, a private corporation, maintained a secret policy of notating all African-Americans’ job applications in an effort to prevent African-Americans from being hired. This, they said, violated Title VII of the Civil Rights Act of 1964.

This case was ultimately assigned to Chief Judge Theresa Springmann.

On January 4, 2005, the Equal Employment Opportunity Commission (“EEOC”) separately filed suit in a case available (in this Clearinghouse) against Merrill Gardens under Title VII for a pattern or practice of refusing to hire people of color and failing to preserve records relevant to determining whether discriminatory practices had taken place. The EEOC sought relief for six named applicants of color and a class of people of color adversely impacted by the defendant’s alleged discrimination. Because of the similarity between the claims and the classes, the court consolidated the two cases.

On June 16, 2005, the parties negotiated a proposed resolution of the cases together because they involved overlapping claims and classes. The parties requested that the cases be consolidated solely for the purpose of approving requested class relief in the Hill action and entry of a proposed consent decree in the EEOC action. The court accordingly granted preliminary approval of the requested class relief and the proposed consent decree.

On September 9, 2005, Judge Springmann held a fairness hearing whereby the court heard evidence and testimony of interested parties to determine whether the proposed settlement was fair, adequate, and reasonable.

On October 6, 2005, the court granted final approval of the class action settlement and entry of the consent decree. 2005 WL 2465250. The class included the named plaintiffs (the “known class”) and all non-white job applicants who applied for a position at Merrill Gardens between February 17, 1998 and April 18, 2005 who were denied employment for positions that were or may have been given to non-minority applicants (the “unknown class”). The settlement agreement awarded $324,000 to the known class, shared among the named plaintiffs. The unknown class received $325,000. In addition, the agreement awarded class counsel $100,000 in attorneys’ fees.

On October 4, 2005 in the parallel EEOC action, the court entered a negotiated consent decree against Merrill Gardens. The decree, which lasted a total of 42 months, ordered Merrill Gardens to:

  • Post a notice of nondiscrimination

  • Provide equal employment opportunity training to all employees and provide the Commission all written materials for review prior to the training

  • Revise its application and hiring procedures in accordance with nondiscrimination best practices.

There has been no litigation subsequent to the approved settlement agreement and the case is now closed.

[SORT THIS OUT] The consent decree requires Merrill Garden to hire without using race as a basis, and generally not to discriminate or retaliate in violation of Title VII. It requires the defendant to pay a total of $750,000 to known and unknown class members, including $100,000 in attorneys' fees. Additionally, Merrill Gardens must post and distribute a notice of non-discrimination, give non-discrimination training to its employees, keep relevant records, and report to the EEOC. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2009.

Summary Authors

Hope Brinn (9/30/2018)

Related Cases

EEOC v. MERRILL GARDENS LLC, Northern District of Indiana (2005)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5182923/parties/hill-v-merrill-gardens-llc/


Judge(s)

Springmann, Theresa Lazar (Indiana)

Attorneys(s) for Plaintiff

Menzie, John T. (Indiana)

Mulholland, Shane C. (Indiana)

Judge(s)

Springmann, Theresa Lazar (Indiana)

Attorneys(s) for Plaintiff

Menzie, John T. (Indiana)

Mulholland, Shane C. (Indiana)

Documents in the Clearinghouse

Document

1:04-cv-00248

Docket

Hill et al v. Merrill Gardens LLC

April 12, 2006

April 12, 2006

Docket
1

1:04-cv-00248

Complaint

Hill et al v. Merrill Gardens LLC

June 25, 2004

June 25, 2004

Complaint
27

1:04-cv-00248

Memorandum in Support of Motion to Conditionally Certify a Settlement Class, Approve Class Representative and Appoint Class Counsel, Preliminary Approve Settlement, Approve and Order Class Notice to be Given and Schedule Fairness Hearing

Hill et al v. Merrill Gardens LLC

May 20, 2005

May 20, 2005

Pleading / Motion / Brief

1:04-cv-00248

Stipulated Order Granting Preliminary Approval to Class Action Settlement, Conditional Class Certification, and Proposed Consent Decree

Hill et al v. Merrill Gardens LLC

June 8, 2005

June 8, 2005

Order/Opinion
52

1:04-cv-00248

Order

June 16, 2005

June 16, 2005

Order/Opinion
72

1:04-cv-00248

Opinion and Order Granting Final Approval to Class Action Settlement, Entry of Final to Class Action Settlement, Entry of Final Judgment, and Entering Consent Decree

Oct. 6, 2005

Oct. 6, 2005

Order/Opinion

1:04-cv-00248

1:05-cv-00004

Order [includes settlement agreement]

Hill et al v. Merrill Gardens LLC

Oct. 6, 2005

Oct. 6, 2005

Order/Opinion
72

1:04-cv-00248

Opinion and Order Granting Final Approval to Class Action Settlement, Entry of Final Judgment, and Entering Consent Decree

Hill et al v. Merrill Gardens LLC

Oct. 6, 2005

Oct. 6, 2005

Order/Opinion
74

1:04-cv-00248

Settlement Agreement

Hill et al v. Merrill Gardens LLC

Oct. 11, 2005

Oct. 11, 2005

Settlement Agreement
74

1:04-cv-00248

Settlement Agreement

Oct. 28, 2005

Oct. 28, 2005

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5182923/hill-v-merrill-gardens-llc/

Last updated Aug. 2, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT with Jury Demand against Merrill Gardens Inc (Filing fee $ 150, Receipt #119772) , filed by William Anthony Hill, Elizabeth A Worthman.(lns, ) Additional attachment(s) added on 6/30/2004 (lns, ). (Entered: 06/28/2004)

June 25, 2004

June 25, 2004

2

NOTICE of Appearance by John T Menzie, Shane C Mulholland on behalf of William Anthony Hill, Elizabeth A Worthman (lns, ) (Entered: 06/28/2004)

June 25, 2004

June 25, 2004

3

Summons Issued (2) as to Merrill Gardens Inc. (lns, ) (Entered: 06/28/2004)

June 25, 2004

June 25, 2004

4

Summons Issued as to Merrill Gardens Inc. d/b/a Georgetown Place (FW) on 7/8/04. (kw) (Entered: 07/08/2004)

July 8, 2004

July 8, 2004

5

SUMMONS Returned Executed by William Anthony Hill, Elizabeth A Worthman. Merrill Gardens Inc served on 7/9/2004, answer due 7/29/2004. (Mulholland, Shane) (Entered: 07/13/2004)

July 13, 2004

July 13, 2004

6

SUMMONS Returned Executed by William Anthony Hill, Elizabeth A Worthman. Merrill Gardens Inc served on 7/12/2004, answer due 8/2/2004. (Mulholland, Shane) (Entered: 07/14/2004)

July 14, 2004

July 14, 2004

7

SUMMONS Returned Executed by William Anthony Hill, Elizabeth A Worthman. Merrill Gardens Inc (Highest Ranking Official) served on 7/12/2004, answer due 8/2/2004. (Mulholland, Shane) (Replaces docket entry #5 to show correct pdf attached) Modified on 7/15/2004 (jcp, ). (Entered: 07/14/2004)

July 14, 2004

July 14, 2004

8

SUMMONS Returned Executed by William Anthony Hill, Elizabeth A Worthman. Merrill Gardens Inc (Resident Agent) served on 7/9/2004, answer due 7/29/2004. (Mulholland, Shane) (Replaces docket entry #6 to show correct pdf attached) Modified on 7/15/2004 (jcp, ). (Entered: 07/14/2004)

July 14, 2004

July 14, 2004

9

NOTICE of Appearance by Kathleen Marie Anderson on behalf of Merrill Gardens Inc (Anderson, Kathleen) (Entered: 07/20/2004)

July 20, 2004

July 20, 2004

10

NOTICE of Appearance by Tiffany L Gooden on behalf of Merrill Gardens Inc (Gooden, Tiffany) (Entered: 07/20/2004)

July 20, 2004

July 20, 2004

11

AGREED NOTICE to extend time to file answer filed by Merrill Gardens Inc ; answer due by August 30, 2004. (Gooden, Tiffany) (Entered: 07/20/2004)

July 20, 2004

July 20, 2004

12

ORDER Rule 16 Preliminary Pretrial Conference set for 9/1/2004 11:00 AM in Fort Wayne before Magistrate Judge Roger B Cosbey.Signed by Judge Roger B Cosbey on 7/22/04. Counsel are advised that the Court will be addressing with them "class cousnel issues" as set forth in Fed. R.,Civ. P.23(g).(wsy) (Entered: 07/22/2004)

July 22, 2004

July 22, 2004

13

Remark: The previous entry was deleted for failure to attach document. (wsy) (Entered: 07/22/2004)

July 22, 2004

July 22, 2004

14

CERTIFICATE /Attorney-Client Certification . (Anderson, Kathleen) (Entered: 08/02/2004)

Aug. 2, 2004

Aug. 2, 2004

15

REPORT of Rule 26(f) Planning Meeting. (Anderson, Kathleen) (Entered: 08/26/2004)

Aug. 26, 2004

Aug. 26, 2004

16

CERTIFICATE Attorney Certification (William Anthony Hill) . (Mulholland, Shane) (Entered: 08/27/2004)

Aug. 27, 2004

Aug. 27, 2004

17

Defendant's ANSWER to 1 Complaint and Affirmative Defenses to Plaintiffs' Class Action Complaint by Merrill Gardens Inc.(Gooden, Tiffany) (Entered: 08/30/2004)

Aug. 30, 2004

Aug. 30, 2004

18

Minute Entry for proceedings held before Judge Roger B Cosbey : Preliminary Pretrial Conference held on 9/1/2004. Mr. Hill, Mr. Menzie and Mr. Mulholland appear in person. Ms. Anderson, Ms. Gooden and defendant representative appear in person. The Report is approved. Discovery is opened as to the Class Certification issues only. An affidavit of Ms. Worthman regarding her non-appearance at today's conference is due within 10 days. Counsel agree to select a mediator within 7 days. A Motion for class certification will be filed 30 days after discovery thereon is completed with a response time of 30 days and a reply time of 15 days. Any trial date is deferred until afte rht eCourt rules on class certification. (Tape #54) (wsy) (Entered: 09/01/2004)

Sept. 1, 2004

Sept. 1, 2004

19

DISCLOSURE of Corporate filed by Merrill Gardens Inc.(Gooden, Tiffany) (Entered: 09/01/2004)

Sept. 1, 2004

Sept. 1, 2004

20

NOTICE re selection of William Sweet as mediator, filed by pltfs (W. Sweet added to case as mediator)(lrm, ) (Entered: 09/13/2004)

Sept. 10, 2004

Sept. 10, 2004

21

MOTION for Extension of Time to File Affidavit by Plaintiff Elizabeth A Worthman. (Attachments: # 1 Exhibit "B")(Mulholland, Shane) (Entered: 09/15/2004)

Sept. 15, 2004

Sept. 15, 2004

22

NOTICE OF MANUAL FILING of Motion for Extension of Time in Which to File Affidavit of Elizabeth A. Worthman by Elizabeth A Worthman (Mulholland, Shane) (Entered: 09/15/2004)

Sept. 15, 2004

Sept. 15, 2004

23

ORDER granting 21 Motion for Extension of Time to File Affidavit explaining absence at the scheduling conference to and including September 29, 2004. No further order will enter. (wsy) (Entered: 09/16/2004)

Sept. 16, 2004

Sept. 16, 2004

24

Second MOTION for Extension of Time to File Affidavit of Elizabeth A. Worthman by Plaintiff Elizabeth A Worthman. (Mulholland, Shane) (Entered: 09/29/2004)

Sept. 29, 2004

Sept. 29, 2004

25

NOTICE OF MANUAL FILING of Exhibits "A"-"C" under Seal by Elizabeth A Worthman (Mulholland, Shane) (Entered: 09/29/2004)

Sept. 29, 2004

Sept. 29, 2004

26

ORDER re 24 Second MOTION for Extension of Time to File Affidavit of Elizabeth A. Worthman filed by Elizabeth A Worthman. A Motion Hearing is set for 10/4/2004 03:00 PM in Fort Wayne before Magistrate Judge Roger B Cosbey. Counsel to be personally present. (wsy) (Entered: 09/30/2004)

Sept. 30, 2004

Sept. 30, 2004

27

Minute Entry for proceedings held before Judge Roger B Cosbey : Counsel appear as directed. AMotion Hearing is held on 10/4/2004 re 24 Second MOTION for Extension of Time to File Affidavit of Elizabeth A. Worthman, filed by Elizabeth A Worthman. The Court hears from counsel. A separate order will enter as to the Court's findings. (Tape #56) (wsy) (Entered: 10/04/2004)

Oct. 4, 2004

Oct. 4, 2004

28

ORDER TO SHOW CAUSE, granting 24 Second MOTION for Extension of Time to File Affidavit of Elizabeth A. Worthman filed by Elizabeth A Worthman. Response to Order to Show Cause/Affidavit due by 10/21/2004. Signed by Judge Roger B Cosbey on 10/4/2004. (lns, ) (Entered: 10/05/2004)

Oct. 4, 2004

Oct. 4, 2004

29

NOTICE by Elizabeth A Worthman re 28 Order to Show Cause, Terminate Motions,, Concerning Affidavit (Mulholland, Shane) (Entered: 10/21/2004)

Oct. 21, 2004

Oct. 21, 2004

30

NOTICE by Merrill Gardens Inc of Supplemental Corporate Disclosure Statement (Gooden, Tiffany) (Entered: 01/07/2005)

Jan. 7, 2005

Jan. 7, 2005

31

MINUTE ORDER Status Conference set for 3/9/2005 01:00 PM in Fort Wayne before Magistrate Judge Roger B Cosbey. The Court will discuss at the hearing the setting of this case for a settlement conference with all other cases where Merrill Gardens is the named defendant. No pdf order to follow. (wsy) (Entered: 02/01/2005)

Feb. 1, 2005

Feb. 1, 2005

32

NOTICE by Merrill Gardens Inc of Agreed Enlargement of Time (Gooden, Tiffany) (Entered: 02/25/2005)

Feb. 25, 2005

Feb. 25, 2005

33

MOTION for client representative, Michelle Corey, to participate in status conference by telephone by Defendant Merrill Gardens Inc. (Gooden, Tiffany) (Entered: 02/25/2005)

Feb. 25, 2005

Feb. 25, 2005

34

ORDER granting 33 Motion for client representative, Michelle Corey, to participate in status conference by telephone by Defendant Merrill Gardens Inc . Signed by Judge Roger B Cosbey on 2/28/2005. (lns, ) (Entered: 02/28/2005)

Feb. 28, 2005

Feb. 28, 2005

35

Joint MOTION for Extension of Time to Complete Discovery on Class Certification by Defendant Merrill Gardens Inc. (Anderson, Kathleen) (Entered: 03/01/2005)

March 1, 2005

March 1, 2005

36

ORDER granting 35 Joint Motion for Extension of Time to Complete Discovery on Class Certification until 5/29/2005 filed by Defendant and Plaintiffs. Signed by Judge Roger B Cosbey on 3/2/2005. (lns, ) (Entered: 03/02/2005)

March 2, 2005

March 2, 2005

37

Minute Entry for proceedings held before Judge Roger B Cosbey : Settlement Conference held on 3/9/2005. A further settlement conference is set for 4/18/05 at 9am. (wsy) (Entered: 03/09/2005)

March 9, 2005

March 9, 2005

38

Minute Entry for proceedings held before Judge Roger B Cosbey : Preliminary Pretrial Conference held on 3/9/2005. All proceedings are STAYED until further order of the Court with the exception of informal discovery as it relates to settlement. Defendants response to any outstanding discovery is also stayed, the date to respond, if any, to be reset by further order.Settlement Conference set for 4/18/2005 09:00 AM in Fort Wayne before Magistrate Judge Roger B Cosbey. No further deadlines are established.(Tape #68) (wsy) (Entered: 03/09/2005)

March 9, 2005

March 9, 2005

39

SCHEDULING ORDER: Settlement Conference set for 4/18/2005 09:00 AM in Fort Wayne before Magistrate Judge Roger B Cosbey.Signed by Judge Roger B Cosbey on 3/9/05. (wsy) (Entered: 03/09/2005)

March 9, 2005

March 9, 2005

40

Minute Entry for proceedings held before Judge Roger B Cosbey : Settlement Conference held on 4/18/2005. No Notice of Settlement will be submitted at this time. (wsy) Modified on 4/19/2005 (wsy, ). (Entered: 04/19/2005)

April 18, 2005

April 18, 2005

41

ORDER Status Conference set for 5/4/2005 08:30 AM in Fort Wayne before Magistrate Judge Roger B Cosbey. No pdf order will follow. (wsy) (Entered: 04/19/2005)

April 19, 2005

April 19, 2005

42

Minute Entry for proceedings held before Judge Roger B Cosbey : Status Conference held on 5/4/2005. (Tape #70) (wsy) (Entered: 05/04/2005)

May 4, 2005

May 4, 2005

43

ENTRY FOR JUDGE THERESA L SPRINGMANN re [42] Status Conference. Settlement documents and proposed notices are to be submitted to Judge Springmann by 5/17/2005. Telephonic Status Conference set for 5/20/2005 04:00 PM in Fort Wayne before Judge Theresa L Springmann to be held in conjunction with case 1:05CV004TLS. (jjj) (Entered: 05/04/2005)

May 4, 2005

May 4, 2005

44

MOTION to Certify Class by Plaintiffs William Anthony Hill, Elizabeth A Worthman. (Mulholland, Shane) (Entered: 05/20/2005)

May 20, 2005

May 20, 2005

45

MEMORANDUM in Support of 44 MOTION to Certify Class filed by William Anthony Hill, Elizabeth A Worthman. (Mulholland, Shane) (Entered: 05/20/2005)

May 20, 2005

May 20, 2005

46

TELEPHONE STATUS CONFERENCE held on 5/20/2005 before Judge Theresa L Springmann: Status Conference in conjunction with case 1:05CV004TLS regarding preliminary approval of 44 MOTION to Certify Class. Pltf attys Muholland, Bird; Dft atty Anderson present. Court GRANTS Dft oral Motion to Amend Docket to Reflect Dft name Merrill Gardens LLC. Stipulated Order granting Preliminary approval to be submitted by 6/3/2005. Telephonic Status Conference set for 6/3/2005 01:30 PM in Fort Wayne before Judge Theresa L Springmann. IN- PERSON Hearing to be held on 9/9/2005 at 09:00 AM at Fort Wayne before Judge Theresa L Springmann re objections/final approval. (Court Reporter T. Gallucci.) (jjj) (Entered: 05/26/2005)

May 20, 2005

May 20, 2005

47

ENTRY FOR JUDGE THERESA L SPRINGMANN. Telephonic Status Conference RESET (in conjunction with cause 1:05CV004TLS) for 6/8/2005 01:30 PM in Fort Wayne before Judge Theresa L Springmann at request and agreement of counsel to review revised documents. (jjj) (Entered: 06/06/2005)

June 3, 2005

June 3, 2005

48

Joint STIPULATION for Addition of Additional Plaintiff by Defendant Merrill Gardens LLC, Plaintiffs William Anthony Hill, Elizabeth A Worthman. (Mulholland, Shane) (Entered: 06/08/2005)

June 8, 2005

June 8, 2005

50

STIPULATION /Stipulated Order Granting Preliminary Approval to Class Action Settlement, Conditional Class Certification, and Proposed Consent Decree by Defendant Merrill Gardens LLC. (Attachments: # 1 Exhibit A-1 to A-3# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Anderson, Kathleen) (Entered: 06/08/2005)

June 8, 2005

June 8, 2005

51

ORDER granting 48 Joint STIPULATION for Addition of Additional Plaintiff filed by William Anthony Hill, Elizabeth A Worthman, Merrill Gardens LLC. Golda Bailey rep by Shane C Mulholland, John T Menzie added . Signed by Judge Theresa L Springmann on 6/8/2005. (lns, ) (Entered: 06/09/2005)

June 8, 2005

June 8, 2005

52

ORDER granting 50 Stipulation/Stipulated Order Granting Preliminary Approval to Class Action Settlement, Conditional Class Certification, and Proposed Consent Decree by Defendant Merrill Gardens LLC . Signed by Judge Theresa L Springmann on 6/16/2005. (lns, ) (Entered: 06/20/2005)

June 16, 2005

June 16, 2005

53

RECEIPT of Statement from Alexis Smith re settlement. (lns) (Entered: 08/23/2005)

Aug. 18, 2005

Aug. 18, 2005

54

RECEIPT of Objection Letter from Marcus E Mitchell Sr re settlement. (lns) (Entered: 08/24/2005)

Aug. 23, 2005

Aug. 23, 2005

55

RECEIPT of Objection re settlement from Rodney Woods. (lns) (Entered: 08/24/2005)

Aug. 23, 2005

Aug. 23, 2005

56

RECEIPT of Letter from Anitera Fowler re settlement. (lns) (Entered: 08/26/2005)

Aug. 24, 2005

Aug. 24, 2005

57

RECEIPT of Letter from Lawrence T Brooks re settlement. (lns) (Entered: 08/29/2005)

Aug. 26, 2005

Aug. 26, 2005

58

RECEIPT of Objection by Atty Edward Smith obo Vickie M Hill re proposed settlement. (lns) (Entered: 08/29/2005)

Aug. 26, 2005

Aug. 26, 2005

59

RECEIPT of Letter from Elmo R Portee Jr re proposed settlement. (lns) (Entered: 08/30/2005)

Aug. 29, 2005

Aug. 29, 2005

60

AFFIDAVIT of Cindy L. Harrison by Merrill Gardens LLC. (Attachments: # 1 Exhibit A-F)(Anderson, Kathleen) (Entered: 09/01/2005)

Sept. 1, 2005

Sept. 1, 2005

61

RECEIPT of Letter from Robert Warren Hagler Jr re settlement. (lns) (Entered: 09/02/2005)

Sept. 2, 2005

Sept. 2, 2005

62

ENTRY FOR JUDGE THERESA L SPRINGMANN. Telephonic Status Conference set for 9/8/2005 11:00 AM in Fort Wayne before Judge Theresa L Springmann re 9/9/2005 Hearing. (Entered: 09/07/2005)

Sept. 7, 2005

Sept. 7, 2005

63

RECEIPT of Letter from Tony Lamar Robertson re proposed settlement. (lns) (Entered: 09/08/2005)

Sept. 7, 2005

Sept. 7, 2005

64

RECEIPT of Letter from Robert L Guy Jr re proposed settlement. (lns) (Entered: 09/08/2005)

Sept. 7, 2005

Sept. 7, 2005

65

FAIRNESS HEARING held before Judge Theresa L Springmann on 9/9/2005; pltfs by Atty J. Menzie, Atty S. Mulholland, Atty K. Bird, Atty M. Eisele, EEOC rep M. Guest, unnamed class rep G. Bailey; defts by Atty K. Anderson, Atty T. Gooden, and party reps D. Manning and B. Bowman; court hears testimony from parties having filed objections to proposed class settlement/non-inclusion in class; court calls for testimony of objectors A. Smith, L. Brooks, A. Fowler, R. Hughes, E. Portee, but those individuals are not present; court will consider the written submissions of those parties; EEOC presents evidence; court hears from G. Bailey obo the Unknown Class; court hears from S. Mulholland obo W. Hill, representative of named class, obo named class; court grants final approval of S. Mulholland and J. Menzie to act as class counsel; class counsel request that G. Bailey as rep of unknow class be compensated; cnsl to confer re that possibility; matter of final approval of proposed class settlement TAKEN UNDER ADVISEMENT; counsel to submit revised form of final order of approval; time frame for this submission to be addressed at a TELE CONF set for 9/12/05, 2:00 p.m. before Judge Theresa L Springmann. (Court Reporter Tina Gallucci.) (lrm) (Entered: 09/09/2005)

Sept. 9, 2005

Sept. 9, 2005

67

TELEPHONE STATUS CONFERENCE held before Judge Theresa L Springmann. Pltfs' attys Mulholland, Bird; Dft atty Anderson present. Court to receive proposed order by 9/15/2005 12:00 PM. Final Briefing of general issues by 9/22/2005. (Court Reporter T. Gallucci.) (jjj) (Entered: 09/13/2005)

Sept. 12, 2005

Sept. 12, 2005

68

RECEIPT of supplemental letter re 63 Receipt of Letter from Tony Robertson re proposed settlement. (lns) (Entered: 09/21/2005)

Sept. 16, 2005

Sept. 16, 2005

69

ENTRY FOR JUDGE THERESA L SPRINGMANN - Telephone Conference set for 9/23/2005 09:45 AM in Fort Wayne before Judge Theresa L Springmann regarding notification. (jjj) (Entered: 09/23/2005)

Sept. 23, 2005

Sept. 23, 2005

70

TELEPHONE CONFERENCE held before Judge Theresa L Springmann. Pltfs' attys Menzie, Bird; Dft attys Anderson, Gooden present. Cnsl advised Court as to notification issues. Pltf to mail notification by 9/23/2005 COB with response ddl. Recipient Response to be filed by 9/29/2005. Court to receive notice of status by 9/30/2005. (Court Reporter T. Galucci.) (jjj) (Entered: 09/23/2005)

Sept. 23, 2005

Sept. 23, 2005

71

RECEIPT of Letter from Roszetta Clark re settlement proposal. (received from Atty John Menzie). (lns) (Entered: 10/05/2005)

Sept. 29, 2005

Sept. 29, 2005

73

CLERK'S ENTRY OF JUDGMENT. (lns) (Entered: 10/06/2005)

Oct. 6, 2005

Oct. 6, 2005

74

SETTLEMENT AGREEMENT by Merrill Gardens LLC. (Anderson, Kathleen) (Entered: 10/28/2005)

Oct. 28, 2005

Oct. 28, 2005

75

STATUS REPORT Joint Verified Final Report and Request for Approval by Golda Bailey, William Anthony Hill. (Attachments: # 1 Exhibit "A")(Mulholland, Shane) (Entered: 04/04/2006)

April 4, 2006

April 4, 2006

72

OPINION AND ORDER granting Final Approval to Class Action Settlement, Entry of Final Judgment, and Entering Consent Decree. Court orders entry of final judgment of dismissal w/prejudice as outlined in this Order.Signed by Judge Theresa L Springmann on 10/6/2005. (lns) Modified on 10/6/2005 (lns).

Oct. 6, 2005

Oct. 6, 2005

RECAP

Case Details

State / Territory: Indiana

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: June 25, 2004

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A class of African-American job applicants.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Merrill Gardens LLC (Fort Wayne, Allen), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $750,000

Content of Injunction:

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Utilize objective hiring/promotion criteria

Issues

General:

Disparate Treatment

Pattern or Practice

Discrimination-area:

Hiring

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Private Suit Related / Consolidated with EEOC Suit