Case: Barnes v. Canadian Nat'l IL Central

1:04-cv-01249 | U.S. District Court for the Northern District of Illinois

Filed Date: Feb. 18, 2004

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On February 18, 2004, three former employees brought a class action lawsuit in the U.S. District Court for the Northern District of Illinois under Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1866, and the Declaratory Judgment Act, against the Canadian National Railroad Company and its subsidiaries. The plaintiffs, represented by several private attorneys, sought a declaration that defendants engaged in company-wide systemic racial discrimination when they continually fail…

On February 18, 2004, three former employees brought a class action lawsuit in the U.S. District Court for the Northern District of Illinois under Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1866, and the Declaratory Judgment Act, against the Canadian National Railroad Company and its subsidiaries. The plaintiffs, represented by several private attorneys, sought a declaration that defendants engaged in company-wide systemic racial discrimination when they continually failed to notify African-American employees of job announcements, and continually failed to post or make announcements readily accessible to African-American employees, for all positions that might lead to promotions and/or advancement to higher and better paying positions. Plaintiffs also sought a permanent injunction and other equitable relief necessary to eliminate the effects of the defendants' past and present racial discrimination and to prevent such discrimination from continuing to adversely affect their lives and careers in the future. Finally, plaintiffs sought back-pay, other equitable remedies, and damages necessary to make them and the members of the class whole.

On January 7, 2010, the District Court (Judge James B. Zagel) conditionally certified a class of "all African-American employees of the Railroad from February 18, 2000 to October 21, 2009" and approved a consent decree. Under the specific injunctive provisions of the consent decree, which remained in effect for three years, the defendants were required to implement policies, practices, and procedures to prevent discrimination in training and advancement. Such policies and practices included: a Training Catalog and electronically-available instructions on how employees may obtain the training needed to enhance their abilities and qualifications; on-line courses in the subjects of basic computer software skills, supervisory skills, and railroad-related topics; educational financial assistance, including, but not necessarily limited to, reimbursement for education relating to craft, technical, and vocational skills reasonably related to the railroad environment; EEO training for HR personnel, supervisors and managers, and employees; enhanced posting of available positions; nondiscriminatory selection procedures for available positions; a diversity counsel; semi-annual adverse impact analyses; and internal monitoring and compliance procedures. Additionally, the consent decree required the defendants to establish a settlement fund in the gross amount of $3,000,000 for the purpose of providing individual awards to the named plaintiffs, monetary awards to the eligible members of the settlement class, and the payment of attorneys' fees and costs to class counsel.

Summary Authors

Rebecca Eisenbrey (3/29/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4251257/parties/barnes-v-canadian-natl-il-cen/


Judge(s)

Mason, Michael T. (Illinois)

Zagel, James Block (Illinois)

Attorneys(s) for Plaintiff

Chavez, Kathleen Currie (Illinois)

Childs, Robert F. Jr. (Alabama)

Cooks, Roderick Twain (Alabama)

Currie, Peter Lawrence (Illinois)

DeGweek, Benjamin J (Alabama)

Foote, Robert M. (Illinois)

Fung, Stephen William (Illinois)

Herman, Matthew J. (Illinois)

Judge(s)

Mason, Michael T. (Illinois)

Zagel, James Block (Illinois)

Attorneys(s) for Plaintiff

Chavez, Kathleen Currie (Illinois)

Childs, Robert F. Jr. (Alabama)

Cooks, Roderick Twain (Alabama)

Currie, Peter Lawrence (Illinois)

DeGweek, Benjamin J (Alabama)

Foote, Robert M. (Illinois)

Fung, Stephen William (Illinois)

Herman, Matthew J. (Illinois)

Johnson, Herman N. Jr. (Alabama)

Mattison, Deborah A. (Alabama)

Ready, William E. (Mississippi)

Attorneys(s) for Defendant

Gaur, Shanthi V. (Illinois)

Hult, Keith C. (Illinois)

King, Allan G. (Texas)

Mrkonich-Wilson, Kathryn (Minnesota)

Sarantopoulos, Stephanie D. (Minnesota)

Documents in the Clearinghouse

Document

Docket [PACER]

Barnes, et al v. Canadian Natl IL Cen

Aug. 17, 2010 Docket
1

Complaint

Barnes v. Canadian National/Illinois Central Railroad a/k/a Illinois Central Railroad Company

Feb. 18, 2004 Complaint
49

Third Amended Complaint

Barnes v. Canadian National Railway Company

June 8, 2007 Complaint
93

Barnes v. Canadian Nat'l IL Central

Final Approval Order

Jan. 7, 2010 Order/Opinion
91

Consent Decree

Jan. 7, 2010 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4251257/barnes-v-canadian-natl-il-cen/

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

ECF Number Description Date Link
1

COMPLAINT (Attachment); jury demand - Civil cover sheet - Appearance(s) of Kathleen Currie Chavez, Robert M. Foote as attorney(s) for plaintiffs ( one original, one copy of summons(es) issued.) ( Documents: 1-1 through 1-3) (air) (Entered: 02/19/2004)

Feb. 18, 2004 PACER
2

APPLICATION for leave to appear pro hac vice for plaintiffs by Benjamin J. DeGweck; Order entered granting leave by Hon. James B. Zagel. (air) (Entered: 03/08/2004)

March 4, 2004 PACER
3

APPLICATION for leave to appear pro hac vice for plaintiffs by Herman N. Johnson, Jr.; Order entered granting leave by Hon. James B. Zagel. (air) (Entered: 03/08/2004)

March 4, 2004 PACER
4

APPLICATION for leave to appear pro hac vice for plaintiffs by Roderick T Cooks; Order entered granting leave by Hon. James B. Zagel. (air) (Entered: 03/08/2004)

March 4, 2004 PACER
5

APPLICATION for leave to appear pro hac vice for plaintiffs by Deborah A. Mattison; Order entered granting leave by Hon. James B. Zagel. (air) (Entered: 03/08/2004)

March 4, 2004 PACER
6

APPLICATION for leave to appear pro hac vice for plaintiffs by Robert F. Childs, Jr; Order entered granting leave by Hon. James B. Zagel. (air) (Entered: 03/08/2004)

March 4, 2004 PACER
7

ATTORNEY APPEARANCE for defendant by Keith C. Hult, Kathryn A. Mrkonich, Shanthi V. Gaur. (air) (Entered: 03/10/2004)

March 9, 2004 PACER
8

ANSWER and additional defenses by defendant to plaintiff's complaint [1-1]; Notice. (air) (Entered: 03/10/2004)

March 9, 2004 PACER
9

APPLICATION for leave to appear pro hac vice for defendant by Allan G King; Order entered granting leave by Hon. B. Zagel. (air) (Entered: 03/12/2004)

March 10, 2004 PACER
10

APPLICATION for leave to appear pro hac vice for defendant by Stephanie D. Sarantopoulos; Order entered granting leave by Hon. James B. Zagel. (air) (Entered: 03/12/2004)

March 10, 2004 PACER
11

APPLICATION for leave to appear pro hac vice for plaintiffs by William E. Ready; Order entered granting leave by Hon. James B. Zagel. (air) (Entered: 04/28/2004)

April 27, 2004 PACER
12

FIRST AMENDED COMPLAINT [1-1]; adding Jeremy Williams; Notice. (air) (Entered: 12/17/2004)

Dec. 6, 2004 PACER
13

MINUTE entry before Judge James B. Zagel : Status hearing set for 4/7/2005 at 10:00 AM. Mailed notices. (drw, ) (Entered: 02/15/2005)

Feb. 15, 2005 PACER
14

MINUTE entry before Judge James B. Zagel : Status hearing reset for 4/21/2005 at 10:00 AM. Parties to report on status of any mediation proceedings. Mailed notice (drw, ) (Entered: 04/07/2005)

April 7, 2005 PACER
16

ANSWER and Affirmative and Additional Defenses to amended complaint by Canadian National/Illinois Central Railroad.(air, ) (Entered: 04/25/2005)

April 20, 2005 PACER
17

MOTION by Plaintiffs for leave to file amended complaint; Notice. (air, ) (Entered: 04/25/2005)

April 20, 2005 PACER
15

MINUTE entry before Judge James B. Zagel dated 4/21/05: Status hearing held on 4/21/2005, and continued to 6/14/2005 at 10:00 AM., for report on status of any mediation proceedings. Judicial staff mailed notice (gl, ) (Entered: 04/21/2005)

April 21, 2005 PACER
19

NOTICE of Motion by Kathleen Currie Chavez for presentment of MOTION by Plaintiffs for leave to file amended complaint 17 before Honorable James B. Zagel on 5/5/2005 at 10:15 AM. (gma, ) (Entered: 04/28/2005)

April 28, 2005 PACER
20

MOTION by Plaintiffs for leave to file second amended complaint (gma, ) (Entered: 04/29/2005)

April 28, 2005 PACER
18

SECOND AMENDED complaint by Melvin Barnes, Tracy Steele, Jeremy Williams against Canadian National/Illinois Central Railroad.(jmm, ) . Modified on 11/20/2006 (las, ). (Entered: 04/26/2005)

May 5, 2005 PACER
21

MINUTE entry before Judge James B. Zagel : Motion for leave to file amended complaint 17 is granted, Motion to file second amended complaint 20 is granted.Motion hearing held on 5/5/2005 regarding motion to amend/correct 20, motion for leave to file 17 Current status date to stand. Judicial staff mailed notice (drw, ) (Entered: 05/05/2005)

May 5, 2005 PACER
22

MINUTE entry before Judge James B. Zagel : Status hearing reset for 7/20/2005 at 10:00 AM. Report on assignment of mediator to be determined. Mailed notice (drw, ) (Entered: 06/13/2005)

June 13, 2005 PACER
23

MINUTE entry before Judge James B. Zagel : Status hearing held on 7/20/2005. Mediation proceedings ongoing. Status hearing set for 11/2/2005 at 10:00 AM. No notice (drw, ) (Entered: 08/04/2005)

July 20, 2005 PACER
24

MINUTE entry before Judge James B. Zagel : Status hearing reset for 2/7/2006 at 10:00 AM. Mediation proceedings ongoing. (drw, ) (Entered: 11/02/2005)

Nov. 2, 2005 PACER
25

MINUTE entry before Judge James B. Zagel : Status hearing reset for 3/7/2006 at 10:00 AM from 2/7/2006 for an update on mediation progress. Mailed notice (drw, ) (Entered: 02/03/2006)

Feb. 3, 2006 PACER
26

MINUTE entry before Judge James B. Zagel : Status hearing reset for 4/11/2006 at 10:00 AM for a report on settlement. Telephoned notice (drw, ) (Entered: 03/07/2006)

March 7, 2006 PACER
27

MINUTE entry before Judge James B. Zagel : Status hearing reset for 6/13/2006 at 10:00 AM by agreement of the parties. (drw, ) (Entered: 04/10/2006)

April 10, 2006 PACER
28

MINUTE entry before Judge James B. Zagel : Status hearing reset for 8/8/2006 at 10:00 AM from 6/13/2006. Mediation being scheduled for late July. Telephoned notice (drw, ) (Entered: 06/12/2006)

June 12, 2006 PACER
29

MINUTE entry before Judge James B. Zagel : Status hearing reset for 9/27/2006 at 10:00 AM from 8/8/2006. Mailed notice (drw, ) (Entered: 08/07/2006)

Aug. 7, 2006 PACER
30

MINUTE entry before Judge James B. Zagel : Status hearing reset for 10/13/2006 at 10:00 AM from 9/27/2006. Mailed notice (drw, ) (Entered: 09/26/2006)

Sept. 26, 2006 PACER
31

MINUTE entry before Judge James B. Zagel : Status hearing reset for 11/9/2006 at 10:00 AM. Mailed notice (drw, ) (Entered: 10/14/2006)

Oct. 13, 2006 PACER
32

MINUTE entry before Judge James B. Zagel : Status hearing reset for 1/4/2007 at 10:00 AM from 11/9/2006 by agreement of the parties to pursue settlement. Mailed notice (drw, ) (Entered: 11/07/2006)

Nov. 7, 2006 PACER
33

MINUTE entry before Judge James B. Zagel :Status hearing reset for 3/15/2007 at 10:00 AM from 1/4/2007 to further pursue settlement.Mailed notice (drw, ) (Entered: 01/03/2007)

Jan. 3, 2007 PACER
34

MINUTE entry before Judge James B. Zagel : Status hearing reset for 5/10/2007 at 10:00 AM from 3/15/2007. In person appearance required at next status.Mailed notice (drw, ) (Entered: 03/13/2007)

March 13, 2007 PACER
35

MOTION by Plaintiffs Melvin Barnes, Tracy Steele, Jeremy Williams for leave to appear as Counsel for Plaintiffs (Foote, Robert) (Entered: 03/13/2007)

March 13, 2007 PACER
36

NOTICE of Motion by Robert M. Foote for presentment of motion for leave to appear 35 before Honorable James B. Zagel on 3/20/2007 at 10:15 AM. (Foote, Robert) (Entered: 03/13/2007)

March 13, 2007 PACER
37

ATTORNEY Appearance for Plaintiffs Melvin Barnes, Tracy Steele, Jeremy Williams by Stephen William Fung (Fung, Stephen) (Entered: 03/13/2007)

March 13, 2007 PACER
38

ATTORNEY Appearance for Plaintiffs Melvin Barnes, Tracy Steele, Jeremy Williams by Peter Lawrence Currie (Attachments: # 1 Certificate of Service)(Currie, Peter) (Entered: 03/20/2007)

2 Certificate of Service

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March 20, 2007 PACER
39

MINUTE entry before Judge James B. Zagel :Motion for Peter L. Currie to appear as additional counsel for plaintiffs 35 is granted.Mailed notice (drw, ) (Entered: 04/02/2007)

March 20, 2007 PACER
40

NOTICE by Robert M. Foote of Change of Address (Foote, Robert) (Entered: 04/30/2007)

April 30, 2007 PACER
41

NOTICE by Kathleen Currie Chavez of Change of Address (Chavez, Kathleen) (Entered: 05/01/2007)

May 1, 2007 PACER
42

NOTICE by Stephen William Fung of Change of Address (Fung, Stephen) (Entered: 05/01/2007)

May 1, 2007 PACER
43

MINUTE entry before Judge James B. Zagel :Status hearing held on 5/10/2007. Status hearing set for 6/8/2007 at 10:00 AM.Mailed notice (drw, ) (Entered: 05/30/2007)

May 10, 2007 PACER
44

MOTION by Plaintiffs Melvin Barnes, Tracy Steele, Jeremy Williams for leave to file Third Amended Complaint (Attachments: # 1 Exhibit A to Motion# 2 Exhibit A-H 3rd Amended Complaint)(Foote, Robert) (Entered: 05/31/2007)

2 Exhibit A to Motion

View on PACER

3 Exhibit A-H 3rd Amended Complaint

View on PACER

May 31, 2007 PACER
45

NOTICE of Motion by Robert M. Foote for presentment of motion for leave to file 44 before Honorable James B. Zagel on 6/8/2007 at 10:00 AM. (Foote, Robert) (Entered: 05/31/2007)

May 31, 2007 PACER
48

MINUTE entry before Judge James B. Zagel :Status hearing held on 6/8/2007. Motion for leave to file third amended complaint 44 is granted. Issuance of summons stayed until 7/20/2007. Status hearing set for 8/10/2007 at 10:00 AM.Mailed notice (drw, ) (Entered: 07/05/2007)

June 8, 2007 PACER
49

THIRD AMENDED complaint by Melvin Barnes, Tracy Steele, Jeremy Williams against Canadian National Railway Company, Grand Trunk Corporation, Grand Trunk Western Railroad, Inc., Illinois Central Corporation, Illinois Central Railroad Company, Wisconsin Central Transportation Corporation, Wisconsin Central Limited and terminating Canadian National/Illinois Central Railroad; (Exhibits).(vkd, ) (Entered: 07/06/2007)

June 8, 2007 PACER
46

MINUTE entry before Judge James B. Zagel : Enter class action scheduling order. Mailed notice (vkd, ) (Entered: 07/02/2007)

June 11, 2007 PACER
47

CLASS ACTION SCHEDULING ORDER. Signed by Judge James B. Zagel on 6/11/07: (vkd, ) (Entered: 07/02/2007)

June 11, 2007 PACER
50

MINUTE entry before Judge James B. Zagel :Status hearing held on 8/10/2007. Status hearing set for 9/21/2007 at 10:00 AM.Mailed notice (drw, ) (Entered: 09/07/2007)

Aug. 10, 2007 PACER
51

MINUTE entry before Judge James B. Zagel :Status hearing held on 9/21/2007. Status hearing set for 1/9/2008 at 10:00 AM.Mailed notice (drw, ) (Entered: 10/15/2007)

Sept. 21, 2007 PACER
52

MINUTE entry before Judge James B. Zagel : Status hearing held on 1/9/2008. Discovery extended to 4/16/2008.Status hearing set for 4/16/2008 at 10:00 AM.Mailed notice (drw, ) (Entered: 01/17/2008)

Jan. 9, 2008 PACER
53

MOTION by Defendants Canadian National Railway Company, Grand Trunk Corporation, Grand Trunk Western Railroad, Inc., Illinois Central Corporation, Illinois Central Railroad Company, Wisconsin Central Transportation Corporation, Wisconsin Central Limited to amend/correct order 47 Scheduling Order (Attachments: # 1 Text of Proposed Order A: Amended Class Action Scheduling Order)(Gaur, Shanthi) (Entered: 02/19/2008)

2 Text of Proposed Order A: Amended Class Action Scheduling Order

View on PACER

Feb. 19, 2008 PACER
54

Agreed (Joint) NOTICE of Motion by Shanthi V. Gaur for presentment of motion to amend/correct,, motion for relief, 53 before Honorable James B. Zagel on 3/6/2008 at 10:45 AM. (Gaur, Shanthi) (Entered: 02/19/2008)

Feb. 19, 2008 PACER
55

MINUTE entry before James B. Zagel :Motion to amend class action scheduling order 53 is granted. Mailed notice (drw, ) (Entered: 03/06/2008)

March 6, 2008 PACER
57

MINUTE entry before Honorable James B. Zagel: Enter Amended Class Action Scheduling Order. Mailed notice (tlm) (Entered: 03/26/2008)

March 6, 2008 PACER
58

AMENDED Class Action Scheduling Order 57 signed by Honorable James B. Zagel on 3/6/2008. Mailed notice (tlm) (Entered: 03/26/2008)

March 6, 2008 PACER
56

MINUTE entry before Honorable James B. Zagel: Status hearing reset for 7/9/2008 at 10:00 AM from 4/16/2008.Mailed notice (drw, ) (Entered: 03/24/2008)

March 24, 2008 PACER
59

STIPULATION (Joint Stipulation of the Parties) (Gaur, Shanthi) (Entered: 05/21/2008)

May 21, 2008 PACER
60

AGREED PROTECTIVE Order Signed by the Honorable James B. Zagel on 5/21/2008. Mailed notice(kj, ) (Entered: 05/22/2008)

May 21, 2008 PACER
61

ANSWER to amended complaint and Affirmative Defenses by Grand Trunk Western Railroad, Inc., Illinois Central Railroad Company, Wisconsin Central Limited(Gaur, Shanthi) (Entered: 05/29/2008)

May 29, 2008 PACER
62

ATTORNEY Appearance for Defendants Grand Trunk Western Railroad, Inc., Illinois Central Railroad Company, Wisconsin Central Limited by Shanthi V. Gaur (Gaur, Shanthi) (Entered: 05/29/2008)

May 29, 2008 PACER
63

ATTORNEY Appearance for Defendants Grand Trunk Western Railroad, Inc., Illinois Central Railroad Company, Wisconsin Central Limited by Kathryn Mrkonich Wilson (Wilson, Kathryn) (Entered: 05/29/2008)

May 29, 2008 PACER
64

ATTORNEY Appearance for Defendants Grand Trunk Western Railroad, Inc., Illinois Central Railroad Company, Wisconsin Central Limited by Keith C. Hult (Hult, Keith) (Entered: 05/29/2008)

May 29, 2008 PACER
65

ATTORNEY Appearance for Defendants Grand Trunk Western Railroad, Inc., Illinois Central Railroad Company, Wisconsin Central Limited by Allan G King. (rp, ) (Entered: 06/06/2008)

June 4, 2008 PACER
66

NOTICE by Melvin Barnes, Tracy Steele, Jeremy Williams of Discovery Service (Ready, William) (Entered: 06/27/2008)

June 27, 2008 PACER
67

ATTORNEY Appearance for Plaintiffs Melvin Barnes, Tracy Steele, Jeremy Williams by Matthew J. Herman. (ef, ) (Entered: 07/11/2008)

July 9, 2008 PACER
68

MINUTE entry before the Honorable James B. Zagel:Status hearing held on 7/9/2008. Status hearing set for 10/6/2008 at 10:00 AM. Mailed notice (drw, ) (Entered: 07/31/2008)

July 9, 2008 PACER
69

DOCUMENT Entered in Error.(Foote, Robert) Modified on 8/6/2008 (ef, ). (Entered: 08/05/2008)

Aug. 5, 2008 PACER
73

NOTICE of Correction regarding document 69 . (ef, ) (Entered: 08/06/2008)

Aug. 5, 2008 PACER
70

MOTION by Plaintiffs Melvin Barnes, Tracy Steele, Jeremy Williams to amend/correct Scheduling Order (Attachments: # 1 Exhibit A)(Currie, Peter) (Entered: 08/05/2008)

2 Exhibit A

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Aug. 5, 2008 PACER
71

NOTICE of Motion by Peter Lawrence Currie for presentment of motion to amend/correct 70 before Honorable James B. Zagel on 8/7/2008 at 10:15 AM. (Currie, Peter) (Entered: 08/05/2008)

Aug. 5, 2008 PACER
72

MINUTE entry before the Honorable James B. Zagel:Motion to enter amended class action scheduling order 70 is granted.Mailed notice (drw, ) (Entered: 08/06/2008)

Aug. 6, 2008 PACER
74

MINUTE entry before the Honorable James B. Zagel: Enter amended class action scheduling order.Mailed notice (mjc, ) (Entered: 08/08/2008)

Aug. 6, 2008 PACER
75

AMENDED CLASS ACTION SCHEDULING ORDER Signed by the Honorable James B. Zagel on 8/6/2008.(mjc, ) (Entered: 08/08/2008)

Aug. 6, 2008 PACER
76

MINUTE entry before the Honorable James B. Zagel:Status hearing held on 10/6/2008. Status hearing set for 12/15/2008 at 10:00 AM.Mailed notice (drw, ) (Entered: 10/14/2008)

Oct. 6, 2008 PACER
77

MOTION by Plaintiff Melvin Barnes to amend/correct Scheduling Order (Attachments: # 1 Exhibit A)(Foote, Robert) (Entered: 12/10/2008)

2 Exhibit A

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Dec. 10, 2008 PACER
78

NOTICE of Motion by Robert M. Foote for presentment of motion to amend/correct 77 before Honorable James B. Zagel on 12/15/2008 at 10:00 AM. (Foote, Robert) (Entered: 12/10/2008)

Dec. 10, 2008 PACER
79

MINUTE entry before the Honorable James B. Zagel:Status hearing held on 12/15/2008. Motion to amend scheduling order 77 is granted. Court adopts the amended scheduling order. Status hearing set for 10/14/2009 at 10:00 AM. Mailed notice (drw, ) (Entered: 12/30/2008)

Dec. 15, 2008 PACER
80

MINUTE entry before the Honorable James B. Zagel: Status hearing (10-14-2009) is reset for 10/21/2009 at 10:00 AM.Mailed notice (drw, ) (Entered: 10/08/2009)

Oct. 8, 2009 PACER
81

MOTION by Plaintiffs Melvin Barnes, Tracy Steele, Jeremy Williams, Defendants Canadian National Railway Company, Grand Trunk Corporation, Grand Trunk Western Railroad, Inc., Illinois Central Corporation, Illinois Central Railroad Company, Wisconsin Central Transportation Corporation, Wisconsin Central Limited to approve consent judgment (Attachments: # 1 Exhibit A - Consent Decree, # 2 Exhibit A to Decree - Release and Waiver of Claims, # 3 Exhibit B to Decree - Notice of CN's Policy Prohibiting Workplace Discrimination, # 4 Exhibit C to Decree - CN's Educational Financial Assistance Policy, # 5 Exhibit D to Decree - Claim Form, # 6 Exhibit E to Decree - Proposed Notice of Class Action Settlement and Hearing, # 7 Exhibit F to Decree - Media Statement, # 8 Exhibit G to Decree - Proposed Preliminary Approval Order)(Hult, Keith) (Entered: 10/21/2009)

2 Exhibit A - Consent Decree

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3 Exhibit A to Decree - Release and Waiver of Claims

View on PACER

4 Exhibit B to Decree - Notice of CN's Policy Prohibiting Workplace Discrimin

View on PACER

5 Exhibit C to Decree - CN's Educational Financial Assistance Policy

View on PACER

6 Exhibit D to Decree - Claim Form

View on PACER

7 Exhibit E to Decree - Proposed Notice of Class Action Settlement and Hearing

View on PACER

8 Exhibit F to Decree - Media Statement

View on PACER

9 Exhibit G to Decree - Proposed Preliminary Approval Order

View on PACER

Oct. 21, 2009 PACER
82

MINUTE entry before the Honorable James B. Zagel:Status hearing held on 10/21/2009. Motion hearing held on 10/21/2009. Motion to approve consent judgment 81 is granted. In Court final approval hearing set for 1/7/2010 at 11:00 AM. Mailed notice (drw, ) (Entered: 10/26/2009)

Oct. 21, 2009 PACER
83

MINUTE entry before the Honorable James B. Zagel: Enter Preliminary Approval Order. Mailed notice (tlm) (Entered: 10/28/2009)

Oct. 26, 2009 PACER
84

PRELIMINARY Approval Order 83 signed by the Honorable James B. Zagel on 10/26/2009. Mailed notice (tlm) (Entered: 10/28/2009)

Oct. 26, 2009 PACER
85

MOTION by counsel for Plaintiff Melvin Barnes to withdraw as attorney UNOPPOSED (Johnson, Herman) (Entered: 11/19/2009)

Nov. 19, 2009 PACER
86

NOTICE by Canadian National Railway Company, Canadian National/Illinois Central Railroad, Grand Trunk Corporation, Grand Trunk Western Railroad, Inc., Illinois Central Corporation, Illinois Central Railroad Company, Wisconsin Central Limited, Wisconsin Central Transportation Corporation (Attachments: # 1 Affidavit of Steven Platt and exhibits)(Gaur, Shanthi) (Entered: 12/31/2009)

2 Affidavit of Steven Platt and exhibits

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Dec. 31, 2009 PACER
87

MOTION by Defendants Canadian National Railway Company, Grand Trunk Corporation, Grand Trunk Western Railroad, Inc., Illinois Central Corporation, Illinois Central Railroad Company, Wisconsin Central Limited, Wisconsin Central Transportation Corporation for final approval of Class Action Settlement (Joint) (Gaur, Shanthi) Modified on 1/6/2010 (td, ). (Entered: 01/05/2010)

Jan. 5, 2010 PACER
88

JOINT Submission by Canadian National Railway Company, Grand Trunk Corporation, Grand Trunk Western Railroad, Inc., Illinois Central Corporation, Illinois Central Railroad Company, Wisconsin Central Limited, Wisconsin Central Transportation Corporation in support of joint motion to for final approval of a consent decree 87 (Gaur, Shanthi) Modified on 1/6/2010 (td, ). (Entered: 01/05/2010)

Jan. 5, 2010 PACER
89

NOTICE of Motion by Shanthi V. Gaur for presentment of motion for final approval of Class Action Settlement 87 before Honorable James B. Zagel on 1/7/2010 at 11:00 AM. (Gaur, Shanthi) Modified on 1/6/2010 (td, ). (Entered: 01/05/2010)

Jan. 5, 2010 PACER
90

MINUTE entry before Honorable James B. Zagel:In court hearing held on 1/17/2010 for final approval of settlement. Motion hearing held on 1/7/2010. MOTION by Defendants Canadian National Railway Company, Grand Trunk Corporation, Grand Trunk Western Railroad, Inc., Illinois Central Corporation, Illinois Central Railroad Company, Wisconsin Central Limited, Wisconsin Central Transportation Corporation for entry of consent decree 87 is granted. MOTION by counsel for Plaintiff Melvin Barnes to withdraw as attorney 85 is granted. Attorney Herman N Johnson, Jr appearance is withdrawn nunc pro tunc 11/19/2009. Civil case terminated.Mailed notice (drw, ) (Entered: 01/08/2010)

Jan. 7, 2010 PACER
91

CONSENT Decree by plaintiffs and defendants. (tlm) (Entered: 01/08/2010)

Jan. 7, 2010 PACER
92

MINUTE entry before Honorable James B. Zagel: Enter Final Approval Order. Mailed notice (tlm) (Entered: 01/20/2010)

Jan. 7, 2010 PACER
93

FINAL Approval Order 92 signed by the Honorable James B. Zagel on 1/7/2010. Mailed notice (tlm) (Entered: 01/20/2010)

Jan. 7, 2010 RECAP
94

NOTICE by Shanthi V. Gaur of Change of Address (Gaur, Shanthi) (Entered: 08/17/2010)

Aug. 17, 2010 PACER

State / Territory: Illinois

Case Type(s):

Equal Employment

Key Dates

Filing Date: Feb. 18, 2004

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are three African-Americans who were employees of the Illinois Central Railroad Company, one of the subsidiaries of the Canadian National Railroad Company ("CN"), and who allege company-wide systemic racial discrimination throughout “CN” and its subsidiaries. Plaintiffs brought this action on behalf of themselves and others similarly situated.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Canadian National/Illinois Central Railroad, Private Entity/Person

Defendant Type(s):

Transportation

Case Details

Causes of Action:

42 U.S.C. § 1981

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

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

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

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $3,000,000

Order Duration: 2010 - 2013

Content of Injunction:

Utilize objective hiring/promotion criteria

Reporting

Recordkeeping

Provide antidiscrimination training

Promotion

Post/Distribute Notice of Rights / EE Law

Implement complaint/dispute resolution process

Follow recruitment, hiring, or promotion protocols

Develop anti-discrimination policy

Issues

General:

Disparate Impact

Disparate Treatment

Discrimination-area:

Promotion

Training

Discrimination-basis:

Race discrimination

Race:

Black