Case: Hubley v. Dell

1:08-cv-00804 | U.S. District Court for the Western District of Texas

Filed Date: Oct. 29, 2008

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On October 29, 2008, plaintiffs filed a class action complaint in United States District Court for the Western District of Texas (Austin) against Dell Inc. alleging the defendant violated Title VII of the 1964 Civil Rights Act by systematically discriminating against female employees in pay, promotions, terminations, and other terms and conditions of employment. Plaintiffs Jill Hubley and Laura Guenther sought to represent a class of "all women employed by Dell between February 1, 2003 and the …

On October 29, 2008, plaintiffs filed a class action complaint in United States District Court for the Western District of Texas (Austin) against Dell Inc. alleging the defendant violated Title VII of the 1964 Civil Rights Act by systematically discriminating against female employees in pay, promotions, terminations, and other terms and conditions of employment. Plaintiffs Jill Hubley and Laura Guenther sought to represent a class of "all women employed by Dell between February 1, 2003 and the present, whether based in the United States or worldwide".

Plaintiffs sought compensatory and punitive damages for the individual plaintiffs and the class they represent as well as a permanent injunction requiring Dell to adopt policies in accord with the requirements of Title VII prohibiting gender discrimination in employment.

On July 23, 2009 the United States District Court for the Western District of Texas (Austin)(Judge James R. Nowlin) gave preliminary approval to a $9.1 million settlement, and certified a settlement class of "all women employed in the United States by Dell at any time between Feb. 14, 2007, and Dec. 31, 2008, in its C1 through D3 pay grades," excluding any employee who had previously signed a release as part of earlier litigation or settlement. The monetary settlement included $1.1 million in attorney fees and set up a back pay settlement fund of $4.5 million and a pay equity settlement fund of $3.5 million to account for salary adjustments and pay equity review.

On November 11, 2009 Judge James R. Nowlin issued a final order and judgment approving the class action settlement.

The decree was entered in 2009 and scheduled to last 2012. No further docket entries exist, so the case is closed.

Summary Authors

David Miller (3/28/2010)

Related Cases

Chapman v. Dell, Western District of Texas (2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4400019/parties/hubley-v-dell-inc/


Judge(s)

Nowlin, James Robertson (Texas)

Attorneys(s) for Plaintiff

Knauth, Jennifer (Texas)

Lucio, Tonia Lea (Texas)

McConnico, Stephen E. (Texas)

Scarborough, Stephen R. (Georgia)

Sileo, Christopher D. (Texas)

Springer, Julie A. (Texas)

Attorneys(s) for Defendant

Boulette, Jason Scott (Texas)

Buchanan, Brittan L. (Texas)

Burkhardt, Michael S. (Pennsylvania)

Judge(s)

Nowlin, James Robertson (Texas)

Attorneys(s) for Plaintiff

Knauth, Jennifer (Texas)

Lucio, Tonia Lea (Texas)

McConnico, Stephen E. (Texas)

Scarborough, Stephen R. (Georgia)

Sileo, Christopher D. (Texas)

Springer, Julie A. (Texas)

Attorneys(s) for Defendant

Boulette, Jason Scott (Texas)

Buchanan, Brittan L. (Texas)

Burkhardt, Michael S. (Pennsylvania)

Martinez, Anne E. (Pennsylvania)

Expert/Monitor/Master

Weisbart, Geoffrey D. (Texas)

Documents in the Clearinghouse

Document

Docket

Hubley v. Dell Inc.

Nov. 6, 2009 Docket
1

Complaint

Hubley v. Dell Inc.

Oct. 29, 2008 Complaint
14

First Amended Complaint

Hubley v. Dell Inc.

March 9, 2009 Complaint
23

Settlement Agreement

Hubley v. Dell Inc.

July 22, 2009 Settlement Agreement
45

FINAL ORDER AND JUDGMENT APPROVING CLASS ACTION SETTLEMENT

Hubley v. Dell Inc.

Nov. 6, 2009 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4400019/hubley-v-dell-inc/

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

ECF Number Description Date Link
1

COMPLAINT ( Filing fee $ 350 receipt number MR# 427912, AR# 429782), filed by Jill Hubley. (Attachments: # 1 Civil Cover Sheet, receipt, and cover letter)(tdk, ) (Entered: 10/31/2008)

1 Civil Cover Sheet , receipt, and cover letter

View on PACER

Oct. 29, 2008 RECAP
2

REQUEST FOR WAIVER of Service sent to Dell Inc. on 10/29/08 by Jill Hubley (tdk, ) (Entered: 10/31/2008)

Oct. 29, 2008 PACER
3

WAIVER OF SERVICE Returned Executed by Jill Hubley as to Dell Inc. Waiver sent on 10/29/2008, answer due 12/28/2008. (mm5) (Entered: 11/04/2008)

Nov. 4, 2008 PACER
4

ORDER REASSIGNING CASE. Case reassigned to Judge James R. Nowlin for all proceedings. Judge Lee Yeakel no longer assigned to case. Signed by Judge Lee Yeakel. (mm5) (Entered: 11/05/2008)

Nov. 5, 2008 PACER
5

NOTICE of Attorney Appearance by Julie A. Springer on behalf of Jill Hubley for Steve McConnico and Chris Sileo (Springer, Julie) (Entered: 12/01/2008)

Dec. 1, 2008 PACER
6

NOTICE of Attorney Appearance by Julie A. Springer on behalf of Jill Hubley for Terry Scarborough (Springer, Julie) (Entered: 12/01/2008)

Dec. 1, 2008 PACER
7

* MOTION to Appear Pro Hac Vice by Jason Scott Boulette by on behalf of Dell Inc.. (Attachments: # 1 Proposed Order)(Boulette, Jason) (Entered: 12/11/2008)

1 Proposed Order

View on PACER

Dec. 11, 2008 PACER
8

* MOTION to Appear Pro Hac Vice by Jason Scott Boulette by on behalf of Dell Inc.. (Attachments: # 1 Proposed Order)(Boulette, Jason) (Entered: 12/11/2008)

1 Proposed Order

View on PACER

Dec. 11, 2008 PACER
10

ORDER GRANTING 7 Motion to Appear Pro Hac Vice by Anne E. Martinez Signed by Judge James R. Nowlin. (td) (Entered: 12/16/2008)

Dec. 15, 2008 PACER
9

ORDER GRANTING 8 Motion to Appear Pro Hac Vice by Michael S. Burkhardt Signed by Judge James R. Nowlin. (td) (Entered: 12/16/2008)

Dec. 16, 2008 PACER

Pro Hac Vice Fee Paid by Michael S. Burkhardt, Anne E. Martinez; Filing fee $ 50.00, receipt number 100000606. (mm5)

Dec. 19, 2008 PACER
11

STIPULATION And Proposed Order Extending Defendant's Time To Answer, Move, Or Otherwise Respond by Jill Hubley, Dell Inc.. (Boulette, Jason) (Entered: 12/24/2008)

Dec. 24, 2008 PACER
12

STIPULATION Joint Stipulation and Proposed Order Extending Defendant's Time to Answer, Move, or Otherwise Respond by Jill Hubley, Dell Inc.. (Boulette, Jason) (Entered: 02/04/2009)

Feb. 4, 2009 PACER
13

NOTICE of Attorney Appearance by Geoffrey D. Weisbart on behalf of Jill Hubley (Weisbart, Geoffrey) (Entered: 03/09/2009)

March 9, 2009 PACER
14

FIRST AMENDED COMPLAINT against Dell Inc. amending 1 Complaint, filed by Laura Guenther, Jill Hubley.(dm) (Entered: 03/10/2009)

March 9, 2009 PACER
15

WAIVER OF SERVICE Returned Executed by Jill Hubley, Laura Guenther as to Dell Inc.. Waiver sent on 3/9/2009, answer due 5/8/2009. (mc2, ) (Entered: 03/12/2009)

March 11, 2009 PACER
16

NOTICE of Attorney Appearance by Brittan L. Buchanan on behalf of Dell Inc. (Buchanan, Brittan) (Entered: 03/16/2009)

March 16, 2009 PACER
17

ANSWER to 14 Amended Complaint with Affirmative and Other Defenses by Dell Inc..(Burkhardt, Michael) (Entered: 03/18/2009)

March 18, 2009 PACER
18

Proposed Scheduling Order /Joint Proposed Discovery Control Plan by Jill Hubley, Laura Guenther. (Weisbart, Geoffrey) (Entered: 04/08/2009)

April 8, 2009 PACER
19

SCHEDULING ORDER: ADR Report Deadline due by 4/17/2009. Amended Pleadings due by 8/31/2009. Discovery due by 10/1/2009. Joinder of Parties due by 8/31/2009. Motions due by 10/30/2009.. Signed by Judge James R. Nowlin. (mm5, ) (Entered: 04/16/2009)

April 16, 2009 PACER
20

ADR Report Filed - Jointly by Jill Hubley, Dell Inc., Laura Guenther(Burkhardt, Michael) (Entered: 04/17/2009)

April 17, 2009 PACER
21

NOTICE of Filing vacation letter by Dell Inc. (Buchanan, Brittan) (Entered: 05/13/2009)

May 13, 2009 PACER
22

Unopposed MOTION for Leave to Exceed Page Limitation on Unopposed Motion for Preliminary Approval of Class Action Settlement by Jill Hubley, Laura Guenther. (Attachments: # 1 Proposed Order)(Weisbart, Geoffrey) (Entered: 07/22/2009)

1 Proposed Order

View on PACER

July 22, 2009 PACER
23

Unopposed MOTION for Preliminary Approval of Class Action Settlement by Jill Hubley, Laura Guenther. (Attachments: # 1 Proposed Order)(Weisbart, Geoffrey) (Entered: 07/22/2009)

1 Proposed Order

View on PACER

July 22, 2009 PACER

Text Order GRANTING 22 Motion for Leave to File Excess Pages entered by Judge James R. Nowlin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ajh)

July 23, 2009 PACER
24

ORDER PRELIMINARY APPROVING SETTLEMENT. Signed by Judge James R. Nowlin. (td) (Entered: 07/23/2009)

July 23, 2009 PACER
25

Joint MOTION to Reset Final Approval Hearing Date by Jill Hubley, Laura Guenther. (Attachments: # 1 Proposed Order Resetting Hearing)(Sileo, Christopher) Modified on 8/10/2009 to include defendant as a filing party (mm5, ). Modified on 8/10/2009 to reflect correct motion type (mm5, ). (Entered: 08/10/2009)

1 Proposed Order Resetting Hearing

View on PACER

Aug. 10, 2009 PACER

Notice of Correction: re 25 Joint MOTION for Hearing to Reset Final Approval Hearing Date. ***Docket entry modified to include defendant as a filing party. In the future, on jointly filed pleadings, ensure that ALL filing parties are selected.*** (mm5, )

Aug. 10, 2009 PACER

Notice of Correction: re 25 MOTION. ***Docket entry modified to reflect correct motion type: changed from a Motion for Hearing to a Motion for Miscellaneous Relief.*** (mm5, )

Aug. 10, 2009 PACER
26

ORDER GRANTING 25 Motion to Reset Final Approval Hearing Date. Signed by Judge James R. Nowlin. (dm, ) (Entered: 08/11/2009)

Aug. 11, 2009 PACER

Set Hearings: Final Fairness Hearing reset for 10/29/2009 02:00 PM before Judge James R. Nowlin. (dm, )

Aug. 11, 2009 PACER
27

OBJECTION to Inclusion in Class Action by Caroline Thomson. (mm5, ) Modified on 9/28/2009 to reflect document type (pleading is objection, not motion (per Chambers) (mm5, ). (Entered: 09/01/2009)

Aug. 31, 2009 PACER
28

MOTION FOR CLARIFICATION, OR ALTERNATIVELY, FOR EXTENSION by Jill Hubley, Laura Guenther. (Attachments: # 1 Proposed Order)(Sileo, Christopher) (Entered: 09/09/2009)

1 Proposed Order

View on PACER

Sept. 9, 2009 PACER
29

ADVISORY TO THE COURT by Andrea K. Ferrell. (mm5, ) (Entered: 09/17/2009)

Sept. 17, 2009 PACER
30

ADVISORY TO THE COURT by Rheta Daur. (mm5, ) (Entered: 09/17/2009)

Sept. 17, 2009 PACER
31

RESPONSE to Motion, filed by Dell Inc., re 27 MOTION to be Excluded from Class Action or, in the Alternative, Her Objection to Class Certification under Fed.R.Civ.P. 23(b)(2) filed by Movant Caroline Thomson (Burkhardt, Michael) (Entered: 09/21/2009)

Sept. 21, 2009 PACER
32

ADVISORY TO THE COURT by Olga Krachina. (mm5, ) (Entered: 09/21/2009)

Sept. 21, 2009 PACER

Notice of Correction: re 27 OBJECTION to Inclusion in Class Action. ***Docket entry modified to reflect change from MOTION to OBJECTION (per Chambers).*** (mm5, )

Sept. 28, 2009 PACER

Text Order GRANTING 28 Motion. All objections, motions, and requests for exclusion will be dealt with by the Court at the Final Fairness Hearing. Entered by Judge James R. Nowlin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ajh)

Oct. 2, 2009 PACER
33

Unopposed MOTION for Leave to Exceed Page Limitation With Regard to Their Motion to Approve Final Settlement by Jill Hubley, Laura Guenther. (Attachments: # 1 Proposed Order)(Weisbart, Geoffrey) (Entered: 10/07/2009)

1 Proposed Order

View on PACER

Oct. 7, 2009 PACER
34

MOTION for Final Approval of Class Action Settlement by Jill Hubley, Laura Guenther. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Proposed Order)(Weisbart, Geoffrey) (Entered: 10/07/2009)

1 Exhibit Exhibit A

View on PACER

2 Exhibit Exhibit B

View on PACER

3 Exhibit Exhibit C

View on PACER

4 Exhibit Exhibit D

View on PACER

5 Exhibit Exhibit E

View on PACER

6 Proposed Order

View on PACER

Oct. 7, 2009 PACER

Text Order GRANTING 33 Motion for Leave to File Excess Pages entered by Judge James R. Nowlin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ajh)

Oct. 8, 2009 PACER
35

NOTICE - Declaration of Edward J. Sincavage by Jill Hubley, Laura Guenther (Weisbart, Geoffrey) (Entered: 10/19/2009)

Oct. 19, 2009 PACER
36

DEFICIENCY NOTICE: re 35 Notice (Other) (mm5, ) (Entered: 10/20/2009)

Oct. 19, 2009 PACER
37

CERTIFICATE OF SERVICE by Jill Hubley, Laura Guenther 35 Notice (Other) (Weisbart, Geoffrey) (Entered: 10/20/2009)

Oct. 20, 2009 PACER
38

NOTICE of Attorney Appearance by John Judge on behalf of Caroline Thomson (Judge, John) (Entered: 10/28/2009)

Oct. 28, 2009 PACER
39

NOTICE of Settlement by Caroline Thomson (Judge, John) (Entered: 10/29/2009)

Oct. 29, 2009 PACER
40

NOTICE of Filing Proposed Final Order and Judgment Approving Class Action Settlement by Jill Hubley, Laura Guenther (Attachments: # 1 Proposed Order)(Springer, Julie) (Entered: 10/29/2009)

1 Proposed Order

View on PACER

Oct. 29, 2009 PACER
41

Minute Entry for proceedings held before Judge James R. Nowlin: Final Fairness Hearing held on 10/29/2009 (Minute entry documents are not available electronically.) Written Order forthcoming. (Court Reporter Lily Reznik.)(mm5, ) (Entered: 10/30/2009)

Oct. 29, 2009 PACER
42

List of Witnesses from Final Fairness Hearing held 10/29/09. (mm5, ) (Entered: 10/30/2009)

Oct. 29, 2009 PACER
43

Plaintiffs' Exhibit List from Final Fairness Hearing held 10/29/09. (mm5, ) (Entered: 10/30/2009)

Oct. 29, 2009 PACER
44

NOTICE of Filing [Revised Proposed] Final Order and Judgment Approving Class Action Settlement by Jill Hubley, Laura Guenther (Attachments: # 1 Proposed Order)(Sileo, Christopher) (Entered: 10/30/2009)

1 Proposed Order

View on PACER

Oct. 30, 2009 PACER
45

FINAL ORDER AND JUDGMENT APPROVING CLASS ACTION SETTLEMENT. Signed by Judge James R. Nowlin. (mm5, ) (Entered: 11/06/2009)

Nov. 6, 2009 RECAP
46

FINAL JUDGMENT. Signed by Judge James R. Nowlin. (mm5, ) (Entered: 11/06/2009)

Nov. 6, 2009 PACER
47

ADVISORY TO THE COURT by Laura Guenther, Jill Hubley Letter to Michael Burkhardt. (Weisbart, Geoffrey) (Entered: 11/18/2010)

Nov. 18, 2010 PACER
48

Exhibit Letter to Laura Guenther, Jill Hubley instructing parties to pick up their exhibits by 1/11/11. (td) (Entered: 12/28/2010)

Dec. 28, 2010 PACER
49

EXHIBIT RECEIPT by Laura Guenther. (td) (Entered: 01/05/2011)

Jan. 5, 2011 PACER

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: Oct. 29, 2008

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All women employed by Dell in the United States for at least one day in C1 through D3 grade level positions or their equivalents between February14, 2007 and December 31, 2008.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Dell Inc. (Round Rock, Texas, Travis), Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $9.1 million

Order Duration: 2009 - 2012

Content of Injunction:

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Other requirements regarding hiring, promotion, retention

Retaliation Prohibition

Issues

Discrimination-area:

Accommodation / Leave

Hiring

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Pay / Benefits

Promotion

Training

Discrimination-basis:

Sex discrimination

Affected Gender:

Female