Case: Burton v. Toshiba America

3:01-cv-00021 | U.S. District Court for the Middle District of Tennessee

Filed Date: Jan. 8, 2001

Closed Date: Sept. 9, 2002

Clearinghouse coding complete

Case Summary

This case predates PACER. Hence, we do not have access to much information beyond the docket. This is what we do know:On January 8, 2001, 11 individuals filed this putative class-action lawsuit in the U.S. District Court for the Middle District of Tennessee. The case was assigned to District Judge Todd J. Campbell. The Plaintiffs sued Toshiba America and Toshiba America Consumer Products under Title VII. Represented by private attorneys, the plaintiffs alleged that the defendants discriminated …

This case predates PACER. Hence, we do not have access to much information beyond the docket. This is what we do know:

On January 8, 2001, 11 individuals filed this putative class-action lawsuit in the U.S. District Court for the Middle District of Tennessee. The case was assigned to District Judge Todd J. Campbell.

The Plaintiffs sued Toshiba America and Toshiba America Consumer Products under Title VII. Represented by private attorneys, the plaintiffs alleged that the defendants discriminated on the basis of race, in violation of equal employment laws. We do not have details on the basis of their claims. However, based on the putative class, it appears that Toshiba allegedly discriminated against African-Americans in an employment context.

On March 9, 2001, the plaintiffs moved to stay the current litigation pending settlement negotiations. The Court approved their motion the same day. On June 6, the parties advised the Court that they were still undertaking serious settlement negotiations.

On December 21, 2001, the parties informed the Court that they had settled the case in principle. The parties submitted a stipulated settlement to the Court on February 25, 2002, as well as a motion for preliminary approval of settlement agreement. On March 15, the Court granted the motion pending certain revisions. On March 22, 2002, the parties entered an amended stipulation and settlement agreement, and a motion for the Court to preliminary approve the amended settlement agreement.

 A fairness hearing was held on May 24, to discuss additional details and changes to the settlement notice, individual form of release, and other matters.

We do not have details on the specific of the agreement. However, we do know that the final agreement at least included a $1.4 million settlement, as well as an agreement to implement specific anti-discrimination measures, including management training programs. Michael Ashley Stein, Same Struggle, Different Difference: ADA Accommodations as Antidiscrimination, 153 PENN. L.J. 579, 619 (2004).

On June 6, the Court ordered the parties to submit a proposed order of dismissal to the Court by September 1, 2002. On September 9, the parties had not yet done so. Accordingly, the Court ordered that the action be dismissed without prejudice. The Court further ordered that the parties could reopen this action if the settlement has not been consummated. 

There is no further action on the docket. The case is now closed.

Summary Authors

Michael Beech (2/27/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/19736425/parties/burton-v-toshiba-america/


Judge(s)

Campbell, Todd J. (Tennessee)

Attorneys(s) for Plaintiff

Estes, Morris Reid Jr. (Tennessee)

Kisch, Lori B. (District of Columbia)

Morris, Grant E. (District of Columbia)

Sanford, David W. (District of Columbia)

Attorneys(s) for Defendant

Beshada, Donald Anthony (New Jersey)

Ellis, Karen L. C. (Tennessee)

Ridley, John A. (New Jersey)

Judge(s)

Campbell, Todd J. (Tennessee)

Attorneys(s) for Plaintiff

Estes, Morris Reid Jr. (Tennessee)

Kisch, Lori B. (District of Columbia)

Morris, Grant E. (District of Columbia)

Sanford, David W. (District of Columbia)

Attorneys(s) for Defendant

Beshada, Donald Anthony (New Jersey)

Ellis, Karen L. C. (Tennessee)

Ridley, John A. (New Jersey)

Documents in the Clearinghouse

Document

3:01-cv-00021

Civil Docket

Sept. 9, 2002

Sept. 9, 2002

Docket

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/19736425/burton-v-toshiba-america/

Last updated July 29, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; (1 Summons issued); Filing fee paid in the amount of : $150.00; Receipt # 77697 (tlc) (Entered: 01/11/2001)

Jan. 8, 2001

Jan. 8, 2001

PACER
2

NOTICE of Initial Case Management Conference; Case referred to Magistrate Judge E. C. Knowles to conduct the Initial Case Management Conference set for 10:00 a.m. on 3/8/01 (tlc) (Entered: 01/11/2001)

Jan. 8, 2001

Jan. 8, 2001

PACER
3

ORDER by Judge Todd J. Campbell; Case referred to Magistrate Judge E. C. Knowles for customized case management in accordance w/Local Rule 11; discovery is not stayed absent further order of the court; counsel for pltfs shall promptly serve a copy of this order on deft (cc: all counsel) (EOD 1/16/01) (tlc) (Entered: 01/16/2001)

Jan. 16, 2001

Jan. 16, 2001

PACER
4

ORDER by Magistrate Judge E. C. Knowles; Initial Case Management Conference reset for 10:30 a.m. on 3/12/01 ; counsel for pltfs to serve a copy of this order on deft (cc: all counsel) (EOD 2/6/01) (tlc) (Entered: 02/06/2001)

Feb. 5, 2001

Feb. 5, 2001

PACER
5

MOTION by pltf to stay the current litigation pending settlement negotiations ; and for court to approve parties' stipulation re: the tolling of the statues of limitations (tlc) (Entered: 03/12/2001)

March 9, 2001

March 9, 2001

PACER

PROPOSED Order granting pltfs' motion to stay and for approval of stipulation, DE#5; as well as resetting the CMC (tlc)

March 9, 2001

March 9, 2001

PACER
6

ORDER by Magistrate Judge E. C. Knowles: Order of recusal and reassigned to Magistrate Judge Joe B. Brown ; Case Management Conference scheduled for 4/12/01 is cancelled ; ICMC will be rescheduled by Magistrate Judge Joe B. Brown (cc: all counsel) EOD 4/16/01 (vh) (Entered: 04/16/2001)

April 12, 2001

April 12, 2001

PACER
7

ORDER by Magistrate Judge Joe B. Brown: Telephonic Case Management Conference set for 10:00 on 5/4/01. EOD 4/23/01 (cc: all counsel) (gi) (Entered: 04/23/2001)

April 20, 2001

April 20, 2001

PACER
8

ORDER by Magistrate Judge Joe B. Brown: Telephone Conference held 5/4/01; Telephone Conference set for 1:00 p.m. on 7/19/01 ; parties shall report to the Court on or before close of business on 6/1/01, whether they intend to undertake further settlement negotiations (cc: all counsel) EOD 5/4/01 (vh) (Entered: 05/04/2001)

May 4, 2001

May 4, 2001

PACER
9

ORDER by Magistrate Judge Joe B. Brown: parties have advised that they are undertaking serious settlement negotiations; the telephone conference scheduled for 1:00 p.m. on 7/19/01, shall remain as scheduled; if parties have not reached a settlement by 7/13/01, the parties shall submit to the Court a proposed case management plan in accordance w/the Local Rules (cc: all counsel) EOD 6/6/01 (vh) (Entered: 06/06/2001)

June 6, 2001

June 6, 2001

PACER
10

MOTION by deft Toshiba America for attorney John A. Ridley to appear pro hac vice and for attorney Donald Anthony Beshada to appear pro hac vice (w/att'd certificates of good standing & proposed order) (vh) Modified on 07/16/2001 (Entered: 07/16/2001)

July 13, 2001

July 13, 2001

PACER
11

CERTIFICATE of Good Standing filed by deft Toshiba America for atty John A. Ridley from USDC/NJ (vh) (Entered: 07/16/2001)

July 13, 2001

July 13, 2001

PACER
12

CERTIFICATE of Good Standing filed by deft Toshiba America for atty Donald Anthony Beshada from USDC/NJ (vh) (Entered: 07/16/2001)

July 13, 2001

July 13, 2001

PACER

PROPOSED Initial Case Management Order (vh)

July 16, 2001

July 16, 2001

PACER
13

ORDER by Magistrate Judge Joe B. Brown granting motion for attorneys John A. Ridley and Donald Anthony Beshada to appear pro hac vice [10-1], [10-2] by deft Toshiba America (cc: all counsel) EOD 7/18/01 (vh) (Entered: 07/18/2001)

July 18, 2001

July 18, 2001

PACER
14

MOTION by pltfs for attys David W. Sanford & Lori B. Kisch to appear pro hac vice (ts) (Entered: 07/19/2001)

July 19, 2001

July 19, 2001

PACER
15

ORDER by Magistrate Judge Joe B. Brown granting motion for attys David W. Sanford & Lori B. Kisch to appear pro hac vice [14-1] by pltfs (cc: all counsel) EOD 7/20/01 (vh) (Entered: 07/20/2001)

July 19, 2001

July 19, 2001

PACER

PROPOSED Initial Case Management Order submitted by parties (vh)

Aug. 3, 2001

Aug. 3, 2001

PACER

STIPULATION and PROPOSED Consent Protective Order (vh)

Aug. 8, 2001

Aug. 8, 2001

PACER
16

ORDER by Magistrate Judge Joe B. Brown granting joint motion to stay the current litigation pending settlement negotiations [5-1] and stipulation re: the tolling of the statues of limitations [5-2]; CASE STAYED (cc: all counsel) EOD 8/9/01 (vh) (Entered: 08/09/2001)

Aug. 8, 2001

Aug. 8, 2001

PACER
17

INITIAL CASE MANAGEMENT ORDER by Magistrate Judge Joe B. Brown: Case Management Conference held 7/19/01; Class certification discovery shall commence on 9/13/01 and remain open through 5/1/02; preliminary dispositive motion filing deadline 9/21/01 ; responses due 10/12/01; replies due 10/19/01; the partis shall engage in good faith settlement negotiations through 8/30/01; in the event that settlement is not reached by 8/30/01, pltfs shall file an amended complaint by 9/7/01. (cc: all counsel) EOD 8/9/01 (vh) (Entered: 08/09/2001)

Aug. 8, 2001

Aug. 8, 2001

PACER
18

STIPULATION AND CONSENT PROTECTIVE ORDER by Magistrate Judge Joe B. Brown: the parties shall have the right to designate any documents or information which contains confidential and/or proprietary business information, personnel information, trade secrets, and/or information subject to a legally protected right of privacy, as "Confidential" or "Restricted for Counsel's Eyes Only". "Confidential" or "Restricted" information may include papers, tapes, documents, discovery responses, computer images, disks, diskettes and other tangible things produced by any party or obtained in connection with this action. See order for complete details. (cc: all counsel) EOD 8/9/01 (vh) Modified on 08/09/2001 (Entered: 08/09/2001)

Aug. 9, 2001

Aug. 9, 2001

PACER
19

ORDER by Judge Todd J. Campbell: Bench Trial set for 9:00 a.m. on 1/21/03; pretrial conference set for 10:00 a.m. on 1/10/03; joint proposed pretrial order ddl 1/6/03; brief ddl 1/6/03 ; the parties shall also file by 1/6/03, the following: witness lists, exhibit lists, and stipulations; the parties shall file by 12/26/02, any motions in limine and any motions objecting to expert testimony; any responses to such motions due by 1/6/03. (cc: all counsel) EOD 8/10/01 (vh) (Entered: 08/10/2001)

Aug. 10, 2001

Aug. 10, 2001

PACER

PROPOSED Amendment to Initial Case Management Order (vh)

Aug. 31, 2001

Aug. 31, 2001

PACER
20

AMENDMENT TO INITIAL CASE MANAGEMENT ORDER by Magistrate Judge Joe B. Brown: the settlement period is extended through 9/28/01; if settlement is not reached by 9/28/01, pltfs shall file an amended complaint by 10/5/01; TACP shall file its answer to the amended complaint by 10/26/01; Class certification discovery shall commence on 10/12/01; Preliminary dispositive motion filing deadline 10/19/01 ; all other provisions of the ICMC order are not affected by the entry of this amendment and shall remain in full force and effect. (cc: all counsel) EOD 9/4/01 (vh) (Entered: 09/04/2001)

Sept. 4, 2001

Sept. 4, 2001

PACER
21

ORDER by Magistrate Judge Joe B. Brown: the parties have advised that they need approximately 45 days to file additional pleadings in this case. CASE STAYED until 12/21/01. (cc: all counsel) EOD 11/6/01 (vh) (Entered: 11/06/2001)

Nov. 5, 2001

Nov. 5, 2001

PACER
22

NOTICE by pltfs' attorney, David Sanford, of filing new address: Gordon, Silberman, Wiggins & Childs, P.C., 7 Dupont Circle, Suite 200, Washington, D.C. 20036 (xc: af) (vh) (Entered: 11/19/2001)

Nov. 19, 2001

Nov. 19, 2001

PACER
23

ORDER by Magistrate Judge Joe B. Brown: the Magistrate Judge has been advised that the parties have settled this matter in principal. An appropriate order of dismissal will be filed by the parties with the District Judge w/in 30 days from the date of this order. The Clerk is directed to forward the file to Judge Campbell for whatever action he deems appropriate once the order of dismissal is filed. Terminating case referral to Magistrate Judge Joe B. Brown. (cc: all counsel) EOD 12/26/01 (vh) (Entered: 12/26/2001)

Dec. 21, 2001

Dec. 21, 2001

PACER
24

ORDER by Magistrate Judge Joe B. Brown: a telephone conference was held on 1/24/02. The parties advised that they were in the process of completing the final details of the proposed settlement in this matter. The parties may have until 2/8/02, to file their proposed settlement with the District Judge and to file with the District Judge a proposed scheduling order for the steps necessary to dispose of a class action settlement. (cc: all counsel) EOD 1/28/02 (vh) Modified on 01/28/2002 (Entered: 01/28/2002)

Jan. 25, 2002

Jan. 25, 2002

PACER
25

ORDER by Magistrate Judge Joe B. Brown: Parties requested a brief extension until 2/25/02, to file a proposed settlement agreement with the District Judge, and also a proposed scheduling order for the steps necessary to dispose of a class action settlement. The parties may have a final extension until 2/25/02, to submit these documents to the District Judge. (cc: all counsel) EOD 2/7/02 (vh) (Entered: 02/07/2002)

Feb. 7, 2002

Feb. 7, 2002

PACER
26

AMENDED COMPLAINT [1-1] by pltfs; adding Crystal Phillips, Kenneth Thompson, Monica Thompson, William Bowman, Paula Donald, Ron Shannon, Anthony Hughes, Jebre Clemmons, Toshiba America, Inc; jury demand (vh) (Entered: 02/26/2002)

Feb. 25, 2002

Feb. 25, 2002

PACER
27

ANSWER by deft Toshiba America to amended complaint [26-1]; jury demand (vh) (Entered: 02/26/2002)

Feb. 25, 2002

Feb. 25, 2002

PACER
28

ANSWER by deft Toshiba America, Inc to amended complaint [26-1]; jury demand (vh) (Entered: 02/26/2002)

Feb. 25, 2002

Feb. 25, 2002

PACER
29

JOINT MOTION by parties for preliminary approval of settlement agreement (vh) (Entered: 02/26/2002)

Feb. 25, 2002

Feb. 25, 2002

PACER
30

MEMORANDUM OF LAW by parties in support of joint motion for preliminary approval of settlement agreement [29-1] (w/att'd exhibit A) (vh) (Entered: 02/26/2002)

Feb. 25, 2002

Feb. 25, 2002

PACER
31

STIPULATION AND SETTLEMENT AGREEMENT by parties (w/att'd exhibits A-D) (vh) (Entered: 02/26/2002)

Feb. 25, 2002

Feb. 25, 2002

PACER
32

ORDER by Judge Todd J. Campbell: the Court will hold a hearing on the joint motion for preliminary approval of settlement agreement [29-1] at 11:00 a.m. on 3/15/02. (cc: all counsel) EOD 3/1/02 (vh) (Entered: 03/01/2002)

March 1, 2002

March 1, 2002

PACER
33

CLERK'S RESUME: hearing held 3/15/02 on motion for preliminary approval of settlement agreement [29-1]. This hearing was held to review the parties' joint motion for preliminary approval of settlement. The Court granted the motion pending certain revisions. A fairness hearing is set for 5/24/02 at 12:00 p.m. Order to enter. C/R : Jim Spence (vh) (Entered: 03/18/2002)

March 15, 2002

March 15, 2002

PACER
34

ORDER by Judge Todd J. Campbell granting joint motion for preliminary approval of settlement agreement [29-1], subject to submission of the revised documents, as represented by counsel by 3/22/02. A fairness hearing is set for 12:00 p.m. on 5/24/02. (cc: all counsel) EOD 3/18/02 (vh) (Entered: 03/18/2002)

March 15, 2002

March 15, 2002

PACER
35

JOINT MOTION by parties for preliminary approval of amended settlement agreement (vh) (Entered: 03/25/2002)

March 22, 2002

March 22, 2002

PACER
36

AMENDED STIPULATION AND SETTLEMENT AGREEMENT (w/att'd exhibits A-D) (vh) (Entered: 03/25/2002)

March 22, 2002

March 22, 2002

PACER
37

ORDER by Judge Todd J. Campbell granting joint motion for preliminary approval of amended settlement agreement [35-1]. The parties shall delete the requirement of the signature of the Clerk of Court on the ntcs at exhibits A and D to the amended stipulation and settlement agreement (DE #36). The Court will conduct a fairness hearing on 5/24/02, at 12:00 p.m. (cc: all counsel) EOD 3/27/02 (vh) (Entered: 03/27/2002)

March 26, 2002

March 26, 2002

PACER
38

JOINT MOTION and MEMORANDUM by parties for approval of form and content of final notice of settlement, individual form of release, opt out form and applicant affidavit (w/att'd exhibits A-D) (vh) (Entered: 05/13/2002)

May 10, 2002

May 10, 2002

PACER
39

ATTORNEY APPEARANCE for defts by John A. Ridley (vh) (Entered: 05/22/2002)

May 22, 2002

May 22, 2002

PACER
40

CLERK'S RESUME: A fairness hearing was held on 5/24/02 to discuss additional details and changes to the settlement notice, individual form of release, etc. Order to enter. C/R: Jim Spence (rls) (Entered: 05/28/2002)

May 24, 2002

May 24, 2002

PACER
41

ORDER by Judge Todd J. Campbell: By 5/30/02 the parties shall submit a proposed order including the additional language discussed at the hearing held on this matter. At that time, the joint motion [38-1] will be granted and the proposed settlement documents will be approved. (cc: all counsel) (EOD 5/28/02) (rls) (Entered: 05/28/2002)

May 24, 2002

May 24, 2002

PACER
42

NOTICE OF FILING by parties of proposed amended final ntc of settlement and proposed order granting final approval to amended stipulation and settlement agreement (w/att'd amended final ntc & proposed order) (vh) (Entered: 05/31/2002)

May 30, 2002

May 30, 2002

PACER
43

ORDER by Judge Todd J. Campbell granting joint motion for approval of form and content of final notice of settlement, individual form of release, opt out form and applicant affidavit [38-1]. The parties shall submit a proposed order of dismissal to the Court by 9/1/02. (cc: all counsel) EOD 6/7/02 (vh) (Entered: 06/07/2002)

June 6, 2002

June 6, 2002

PACER

REMARK-Opt-Out form received from Ray Weir c/o Ms. Melissa Weir 9736 Barlow Ln, Lascassas, TN 37085 (copies forwarded to attorneys of record) (vh)

July 12, 2002

July 12, 2002

PACER

REMARK-Opt-Out Form received from Brian Mines 2001 Somerset Pl, Mt. Juliet, TN 37122 (cc: attorneys of record) (vh)

July 24, 2002

July 24, 2002

PACER
44

ORDER by Judge Todd J. Campbell: parties were to submit a proposed order of dismissal or other appropriately captioned document to the Court by 9/1/02. As of the date of entry of this order, the parties had not submitted the proposed order. This action is dismissed without prejudice, to the right, upon good cause shown within 20 days to reopen this action if the settlement has not been consummated. (cc: all counsel) EOD 9/10/02 (vh) (Entered: 09/10/2002)

Sept. 9, 2002

Sept. 9, 2002

PACER

Case Details

State / Territory: Tennessee

Case Type(s):

Equal Employment

Key Dates

Filing Date: Jan. 8, 2001

Closing Date: Sept. 9, 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

11 plaintiffs who were able to bring suit against Toshiba alleging employment discrimination.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

Toshiba America, Inc., Private Entity/Person

Toshiba America Consumer Products, Inc., 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

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 1,400,000

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Provide antidiscrimination training

Training

Issues

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits