Case: Robinson v. Compass Group

2:08-cv-05577 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Dec. 1, 2008

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On December 1, 2008, eleven African American plaintiffs, who sought to represent a class of over 10,000 members, filed a lawsuit against Compass Group PLC and its subsidiaries, in the Eastern District of Pennsylvania, under 42 U.S.C. § 1981, Title VII, Philadelphia state law. The plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, as well as monetary damages in excess of $1 billion, claiming that Compass had engaged in a pattern and practice of rac…

On December 1, 2008, eleven African American plaintiffs, who sought to represent a class of over 10,000 members, filed a lawsuit against Compass Group PLC and its subsidiaries, in the Eastern District of Pennsylvania, under 42 U.S.C. § 1981, Title VII, Philadelphia state law. The plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, as well as monetary damages in excess of $1 billion, claiming that Compass had engaged in a pattern and practice of race and color discrimination. Specifically, the plaintiffs claimed that they were subjected to racial slurs, discriminatory work assignments and compensation, discriminatory promotional and disciplinary policies and practices, and other discriminatory terms of employment. Further, plaintiffs alleged that Compass retaliated against those employees who complained of the discrimination by demoting them, stripping them of job duties and responsibilities, or terminating them. Plaintiffs additionally accused Compass of negligent hiring, training, and supervision, and claimed that Compass knew or should have known that its employees were engaging in unlawful conduct towards the plaintiffs.

On April 27, 2009, the court ordered the case suspended, presumably so the parties could reach a settlement agreement. On August 11, 2009, the court dismissed the case with prejudice, noting the parties had reached a settlement. The contents of the settlement is not available.

Summary Authors

Jennifer Gitter (3/12/2013)

People


Judge(s)

Dalzell, Stewart R. (Pennsylvania)

Attorneys(s) for Plaintiff

Filosa, Gregory (New York)

Merson, Jordan K. (New York)

Thompson, Kenneth P. (New York)

Attorneys(s) for Defendant

Boudreau, James N. (Pennsylvania)

Gost, Kimberly J. (Pennsylvania)

Judge(s)

Dalzell, Stewart R. (Pennsylvania)

Attorneys(s) for Plaintiff

Filosa, Gregory (New York)

Merson, Jordan K. (New York)

Thompson, Kenneth P. (New York)

Attorneys(s) for Defendant

Boudreau, James N. (Pennsylvania)

Gost, Kimberly J. (Pennsylvania)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 11, 2009 Docket
5

Amended Class Action Complaint

March 9, 2009 Complaint
25

Order

Aug. 11, 2009 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against all defendants ( Filing fee $ 350 receipt number 953285), filed by BENJAMIN WILLIAMS, JAMES MILES, JOHN THOMAS, MERIUM BURWELL, WALTER EVERETT, ANTHONY ROBINSON, ADRIAN MAGWOOD, CRYSTAL MILES, BONNIE CLARK, TYNESIA MORTON, SHIREEF JONES.(jmv, ) (Entered: 12/01/2008)

Dec. 1, 2008

DEMAND for Trial by Jury by BENJAMIN WILLIAMS, JAMES MILES, JOHN THOMAS, MERIUM BURWELL, WALTER EVERETT, ANTHONY ROBINSON, ADRIAN MAGWOOD, CRYSTAL MILES, BONNIE CLARK, TYNESIA MORTON, SHIREEF JONES. (jmv, ) (Entered: 12/01/2008)

Dec. 1, 2008

Summons Issued as to COMPASS GROUP, PLC, COMPASS GROUP NORTH AMERICA, FLIK INTERNATIONAL CORP., DERICK VOGELMAN, REGINA JAKACKI. Forwarded To: 5 Origs mailed to counsel on 12/1/08 (jmv, ) (Entered: 12/01/2008)

Dec. 1, 2008
2

APPLICATION by BENJAMIN WILLIAMS, JAMES MILES, JOHN THOMAS, MERIUM BURWELL, WALTER EVERETT, ANTHONY ROBINSON, ADRIAN MAGWOOD, CRYSTAL MILES, BONNIE CLARK, TYNESIA MORTON, SHIREEF JONES FOR JORDAN MERSON TO APPEAR PRO HAC VICE, STATEMENT, CERTIFICATE OF SERVICE. (FEE PAID) (jl, ) (Entered: 02/04/2009)

Feb. 4, 2009
3

APPLICATION by BENJAMIN WILLIAMS, JAMES MILES, JOHN THOMAS, MERIUM BURWELL, WALTER EVERETT, ANTHONY ROBINSON, ADRIAN MAGWOOD, CRYSTAL MILES, BONNIE CLARK, TYNESIA MORTON, SHIREEF JONES FOR KENNETH THOMPSON TO APPEAR PRO HAC VICE, STATEMENT, CERTIFICATE OF SERVICE. (FEE PAID) (jl, ) Modified on 2/4/2009 (jl, ). (Entered: 02/04/2009)

Feb. 4, 2009
4

ORDER THAT PLAINTIFFS' MOTION FOR PRO HAC VICE ADMISSION IS GRANTED. JORDAN MERSON AND KENNETH THOMPSON MAY PRACTICE IN THIS COURT ON THIS CASE; ETC.. SIGNED BY HONORABLE STEWART DALZELL ON 2/5/09. 2/6/09 ENTERED AND COPIES MAILED, E−MAILED.(jl, ) (Entered: 02/06/2009)

Feb. 5, 2009
5

AMENDED COMPLAINT against COMPASS GROUP, PLC, COMPASS GROUP NORTH AMERICA, FLIK INTERNATIONAL CORP., DERICK VOGELMAN, REGINA JAKACKI, BRIAN WALLACE, ROBERT HOLZER, EUREST, EUREST DINING SERVICES, filed by BENJAMIN WILLIAMS, JAMES MILES, JOHN THOMAS, MERIUM BURWELL, WALTER EVERETT, ANTHONY ROBINSON, ADRIAN MAGWOOD, CRYSTAL MILES, BONNIE CLARK, JASMAN DENNIS, CHIRSTINA CAMACHO, TAMIKA BUTLER, TYNESIA MORTON, QUARON HARRISON, ELIJAH WOODARD, SHIREEF JONES, JURY DEMAND.(jl, ) (Entered: 03/09/2009)

March 9, 2009

AMENDED Summons Issued as to COMPASS GROUP, PLC, COMPASS GROUP NORTH AMERICA, FLIK INTERNATIONAL CORP., DERICK VOGELMAN, REGINA JAKACKI, BRIAN WALLACE, ROBERT HOLZER, EUREST, EUREST DINING SERVICES. Forwarded To: KENNETH THOMPSON on 3/9/09 (jl, ) (Entered: 03/09/2009)

March 9, 2009
6

NOTICE by COMPASS GROUP NORTH AMERICA, FLIK INTERNATIONAL CORP., EUREST DINING SERVICES Stipulation for an Extension of Time to Answer, Move or Otherwise Respond to Plaintiffs' Amended Complaint (BOUDREAU, JAMES) (Entered: 03/31/2009)

March 31, 2009
7

STIPULATION AND ORDER THAT THE TIME BY WHICH DEFENDANTS COMPASS GROUP NORTH AMERICA, FLIK INTERNATIONAL CORP., EUREST DINING SERVICES, DERICK VOGELMAN, REGINA JAKACKI, BRIAN WALLACE AND ROBERT HOLZER MUST ANSWER, MOVE OR OTHERWISE RESPOND TO PLAINTIFFS' AMENDED COMPLAINT IS HEREBY EXTENDED UNTIL 4/30/09; ETC.. SIGNED BY HONORABLE STEWART DALZELL ON 4/1/09. 4/1/09 ENTERED AND COPIES MAILED,

April 1, 2009
9

AFFIDAVIT of Service by Richard Kreitzer re: served Summons and Amended Class Action Complaint upon Compass Group North America by personal service on Mach 12, 2009 (FILOSA, GREGORY) (Entered: 04/06/2009)

April 6, 2009
10

AFFIDAVIT of Service by Richard Kreitzer re: served Summons and Amended Class Action Complaint upon Eurest by personal service on March 12, 2009 (FILOSA, GREGORY) (Entered: 04/06/2009)

April 6, 2009
11

AFFIDAVIT of Service by Richard Kreitzer re: served Summons and Amended Class Action Complaint upon Flik International Corp. by personal service on March 12, 2009 (FILOSA, GREGORY) (Entered: 04/06/2009)

April 6, 2009
12

AFFIDAVIT of Service by Richard Kreitzer re: served Summons and Amended Class Action Complaint upon Eurest Dining Services by personal service on March 12, 2009 (FILOSA, GREGORY) (Entered: 04/06/2009)

April 6, 2009
13

AFFIDAVIT of Service by Scott Segal re: served Summons and Amended Class Action Complaint upon Derick Vogelman by personal service on March 13, 2009 (FILOSA, GREGORY) (Entered: 04/06/2009)

April 6, 2009
14

AFFIDAVIT of Service by Thomas Bailey re: served Summons and Amended Class Action Complaint upon Regina Jakacki by personal service on March 20, 2009 (FILOSA, GREGORY) (Entered: 04/06/2009)

April 6, 2009
15

AFFIDAVIT of Service by Kevin S. Dunn re: served Summons and Amended Class Action Complaint upon Brian Wallace by personal service on March 17, 2009 (FILOSA, GREGORY) (Entered: 04/06/2009)

April 6, 2009
16

AFFIDAVIT of Service by Kevin S. Dunn re: served Summons and Amended Class Action Complaint upon Robert Holzer by personal service on March 18, 2009 (FILOSA, GREGORY) (Entered: 04/06/2009)

April 6, 2009
17

AFFIDAVIT of Service by Jeffrey D. Goldstein re: served Summons and Amended Class Action Complaint upon Eurest Dining Services by mail on March 12, 2009 (FILOSA, GREGORY) (Entered: 04/06/2009)

April 6, 2009
18

NOTICE by COMPASS GROUP, PLC, EUREST of Stipulation for an Extension of Time to Answer, Move, or Otherwise Respond to Plaintiffs' Amended Complaint (BOUDREAU, JAMES) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO CLERK/JUDGE FOR APPROVAL) Modified on 4/14/2009 (nd). (Entered: 04/13/2009)

April 13, 2009
19

NOTICE of Appearance by KIMBERLY J. GOST on behalf of COMPASS GROUP, PLC, COMPASS GROUP NORTH AMERICA, FLIK INTERNATIONAL CORP., EUREST, EUREST DINING SERVICES with Certificate of Service(GOST, KIMBERLY) (Entered: 04/13/2009)

April 13, 2009
20

STIPULATION AND ORDER THAT THE TIME BY WHICH DEFENDANTS COMPASS GROUP PLC AND EUREST MUST ANSWER, MOVE OR OTHERWISE RESPOND TO PLAINTIFFS' AMENDED COMPLAINT IS HEREBY EXTENDED UNTIL 4/30/09; ETC.. SIGNED BY HONORABLE STEWART DALZELL ON 4/14/09. 4/15/09 ENTERED AND COPIES MAILED, E−MAILED.(jl, ) (Entered: 04/15/2009)

April 14, 2009
21

PRAECIPE FOR JORDAN MERSON TO WITHDRAW AS COUNSEL by PLAINTIFFS (jl, ) (Entered: 04/17/2009)

April 17, 2009
22

Disclosure Statement Form pursuant to FRCP 7.1 including Compass Group PLC with Certificate of Service by COMPASS GROUP, PLC, COMPASS GROUP NORTH AMERICA, FLIK INTERNATIONAL CORP., EUREST, EUREST DINING SERVICES.(BOUDREAU, JAMES) (Entered: 04/17/2009)

April 17, 2009
24

ORDER THAT APPEARING TO THE COURT THAT THE ABOVE ENTITLED CASE SHOULD BE TRANSFERRED FROM THE CIVIL SUSPENSE FILE, IT IS ORDERED THAT THE CLERK OF COURT TRANSFER SAID CASE FROM THE CIVIL SUSPENSE FILE TO THE CURRENT DOCKET FOR FINAL DISPOSITION. SIGNED BY HONORABLE STEWART DALZELL ON 8/3/09. 8/4/09 ENTERED AND COPIES MAILED TO UNREPS AND E−MAILED.(ti, ) (Entered: 08/04/2009)

Aug. 3, 2009
25

ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b). SIGNED BY HONORABLE STEWART DALZELL ON August 11, 2009. August 11, 2009 ENTERED AND COPIES MAILED AND E−MAILED.(ea, ) (Entered: 08/11/2009)

Aug. 11, 2009

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Key Dates

Filing Date: Dec. 1, 2008

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Eleven African American employees of Compass Group PLC, who sought to represent a class of over 10,000 members in a lawsuit against Compass claiming a pattern and practice or race discrimination.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Compass Group, Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

42 U.S.C. § 1981

State law

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

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Disparate Impact

Disparate Treatment

Pattern or Practice

Discrimination-area:

Demotion

Discharge / Constructive Discharge / Layoff

Discipline

Harassment / Hostile Work Environment

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

Pay / Benefits

Promotion

Discrimination-basis:

Race discrimination

Race:

Black

Affected Gender:

Female

Male