Case: Wade v. Kroger Co.

3:01-cv-00699 | U.S. District Court for the Western District of Kentucky

Filed Date: Nov. 29, 2001

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On November 29, 2001, five black individuals filed a class action complaint in the United States District Court for the Western District of Kentucky (Louisville) alleging that their employer, the Kroger Co. discriminated against them on account of their race in violation of Title VII of the Civil Rights Act of 1964 and 42 U.S.C § 1981. On June 24, 2008, Justice Thomas B. Russell of the United States District Court for the Western District of Kentucky (Louisville) signed a consent decree, certif…

On November 29, 2001, five black individuals filed a class action complaint in the United States District Court for the Western District of Kentucky (Louisville) alleging that their employer, the Kroger Co. discriminated against them on account of their race in violation of Title VII of the Civil Rights Act of 1964 and 42 U.S.C § 1981.

On June 24, 2008, Justice Thomas B. Russell of the United States District Court for the Western District of Kentucky (Louisville) signed a consent decree, certifying a class defined as all part-time and full-time African-American employees in Kroger Banner stores in all hourly positions and store managerial salaried positions, from manager trainee up through and including zone managers, who were employed at any time from November 29, 1997 until the date of the preliminary approval of the consent decree (6/17/2008). This group included over 340,000 individuals.

In the settlement, Kroger agreed to pay $16 million into a fund to be dispersed to class members as compensatory damages for their lost wages (with interest) based on their length of employment. The consent decree further required Kroger to monitor the hourly starting pay and adjustments managers may make for "experience credits." Additionally, Kroger agreed to provide promotion and salary data to the plaintiffs' attorneys annually to ensure the starting pay is "objective and non-discriminatory".

The Judge granted preliminary approval of the settlement and class on June 24, 2008. On October 27, 2008, the Court conducted a Fairness Hearing on the proposed Settlement. On November 20, the Court determined that the settlement agreement entered into by the parties was fair, reasonable, and adequate.

In March of 2012, the Court ordered that the Consent Decree be officially terminated, with an effective date of 2011.

The case is now closed.

Summary Authors

David Miller (4/14/2010)

Michael Beech (3/9/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4797257/parties/wade-v-kroger-company/


Judge(s)

Moyer, James D. (Kentucky)

Russell, Thomas B. (Kentucky)

Attorneys(s) for Plaintiff

Bachman, Eric (District of Columbia)

Calamusa, Rocco Jr. (Alabama)

Childs, Robert F. Jr. (Alabama)

Johnson, Herman N. Jr. (Alabama)

Malveaux, Suzette Marie (District of Columbia)

Morris, Grant E. (District of Columbia)

Reiser, Julie Goldsmith (District of Columbia)

Sales, Kenneth L. (Kentucky)

Judge(s)

Moyer, James D. (Kentucky)

Russell, Thomas B. (Kentucky)

Attorneys(s) for Plaintiff

Bachman, Eric (District of Columbia)

Calamusa, Rocco Jr. (Alabama)

Childs, Robert F. Jr. (Alabama)

Johnson, Herman N. Jr. (Alabama)

Malveaux, Suzette Marie (District of Columbia)

Morris, Grant E. (District of Columbia)

Reiser, Julie Goldsmith (District of Columbia)

Sales, Kenneth L. (Kentucky)

Sanford, David W. (District of Columbia)

Satterley, Joseph D. (Kentucky)

Sellers, Joseph Marc (District of Columbia)

Whitman, Bruce B (Ohio)

Wiggins, Ann K. (Alabama)

Yang, Jenny R. (District of Columbia)

Attorneys(s) for Defendant

Gaur, Shanthi V. (Illinois)

Gellenbeck, Lynne (Ohio)

Hogan, Margaret P. (Illinois)

Hult, Keith C. (Illinois)

King, Allan G. (Texas)

Maatman, Gerald L Jr. (Illinois)

Mrkonich-Wilson, Kathryn (Minnesota)

Tate, John Lewis (Kentucky)

Wit, Adam C. (Illinois)

Wright, Amanda H. (Illinois)

Young, Dorothy E. (Illinois)

Documents in the Clearinghouse

Document

3:01-cv-00699

Docket

March 28, 2012

March 28, 2012

Docket
162

3:01-cv-00699

Consent Decree

June 24, 2008

June 24, 2008

Settlement Agreement
202

3:01-cv-00699

Memorandum Opinion Approving Settlement

2008 WL 4999171

Nov. 20, 2008

Nov. 20, 2008

Order/Opinion
212

3:01-cv-00699

Order Adopting Magistrate rec. Terminating Consent Decree and Referenced Recommendation

March 6, 2012

March 6, 2012

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4797257/wade-v-kroger-company/

Last updated Aug. 2, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
5

NOTICE to Shanthi V. Gaur; 12 days to request permission to practice in a particular case (SDB) (Entered: 01/03/2002)

Jan. 2, 2001

Jan. 2, 2001

6

NOTICE to Adam C. Wit; 12 days to request permission to practice in a particular case (SDB) (Entered: 01/03/2002)

Jan. 2, 2001

Jan. 2, 2001

7

NOTICE to Margaret Parnell Hogan; 12 days to request permission to practice in a particular case (SDB) (Entered: 01/03/2002)

Jan. 2, 2001

Jan. 2, 2001

1

COMPLAINT filed; summons issued; filing fee pd − receipt # 106073 (SDB) (Entered: 11/30/2001)

Nov. 29, 2001

Nov. 29, 2001

MAGISTRATE JUDGE DESIGNATION: CCG (SDB) (Entered: 11/30/2001)

Nov. 29, 2001

Nov. 29, 2001

REMARK: "Stipulation for Extension of Time" to 1/21/02 for dft to answer cmp tendered; submitted to Judge Russell (SDB) (Entered: 12/20/2001)

Dec. 20, 2001

Dec. 20, 2001

2

ANSWER by defendant Kroger Company to [1−1] (SDB) (Entered: 12/28/2001)

Dec. 28, 2001

Dec. 28, 2001

3

STIPULATION for extension of time by Judge Thomas B. Russell; pla allows dft to 1/21/02 to answer cmp (SDB) (Entered: 01/02/2002)

Jan. 2, 2002

Jan. 2, 2002

4

NOTICE to Keith C. Hult: 12 days to request permission to practice in a particular case (SDB) (Entered: 01/03/2002)

Jan. 3, 2002

Jan. 3, 2002

9

ORDER by Judge Thomas B. Russell; granting motion for attorney Keith C. Hult, Shanthi V. Gaur, Adam C. Wit and Margaret Parnell Hogan of Littler Mendelson PC to appear pro hac vice, receipt #3012106 [8−1] (cc: all counsel) [Entry Date: 1/22/02] (SDB) (Entered: 01/22/2002)

Jan. 22, 2002

Jan. 22, 2002

10

ORDER by Judge Thomas B. Russell ; Rule 16 tele scheduling conf. set for 10:00 3/1/02 before Judge Thomas B. Russell; ct will initiate the call (cc: all counsel) [Entry Date: 1/24/02] (JSS) (Entered: 01/24/2002)

Jan. 24, 2002

Jan. 24, 2002

11

ORDER by Judge Thomas B. Russell ; telephonic conf. rescheduled for 10:15 3/4/02 before Judge Thomas B. Russell (cc: all counsel) [Entry Date: 2/1/02] (PAC) (Entered: 02/01/2002)

Feb. 1, 2002

Feb. 1, 2002

12

MOTION by defendant Kroger Company for attorney Lynne Gellenbeck to appear pro hac vice, receipt #3012153 ; Memorandum in Support; order tendered (SDB) (Entered: 02/28/2002)

Feb. 27, 2002

Feb. 27, 2002

DOCUMENT NUMBER: 12 SUBMITTED to Judge Russell (SDB) (Entered: 02/28/2002)

Feb. 28, 2002

Feb. 28, 2002

13

STATEMENT OF POSITION AND PROPOSED LITIGATION PLAN by plaintiff Ron Wade, plaintiff Cary Owsley, plaintiff Vincent Mangruem, plaintiff Felicia Hawkins, plaintiff Michael Elliott re [11−2], re [10−2] (SDB) (Entered: 03/04/2002)

March 1, 2002

March 1, 2002

14

MOTION by plaintiffs for attorney David W. Sanford and Eric K. Bachman of Gordon, Silberman, Wiggins & Childs, PC to appear pro hac vice, receipts #319842 and 319844 ; affidavits in support; order tendered (SDB) (Entered: 03/05/2002)

March 4, 2002

March 4, 2002

DOCUMENT NUMBER: 14 SUBMITTED to Judge Russell (SDB) (Entered: 03/05/2002)

March 5, 2002

March 5, 2002

15

ORDER by Judge Thomas B. Russell ; telephone conf. set for 9:45 3/19/02 before Judge Thomas B. Russell . Court shall initiate call. (cc: all counsel) [Entry Date: 3/6/02] (PAC) (Entered: 03/06/2002)

March 6, 2002

March 6, 2002

16

ORDER by Judge Thomas B. Russell granting motion for attorney Lynne Gellenbeck to appear pro hac vice, receipt #3012153 [12−1] (cc: all counsel) [Entry Date: 3/8/02] (SDB) (Entered: 03/08/2002)

March 8, 2002

March 8, 2002

17

ORDER by Judge Thomas B. Russell granting motion for attorney David W. Sanford and Eric K. Bachman of Gordon, Silberman, Wiggins & Childs, PC to appear pro hac vice, receipts #319842 and 319844 [14−1] (cc: all counsel) [Entry Date: 3/8/02] (SDB) (Entered: 03/08/2002)

March 8, 2002

March 8, 2002

18

MOTION by plaintiffs for leave to file amd cmp ; Memo in Support; order tendered; amd cmp tendered (SDB) Modified on 03/19/2002 (Entered: 03/13/2002)

March 13, 2002

March 13, 2002

19

NOTICE OF DEFICIENCY: submit proposed order for DN 18; failure to comply will be brought to the attention of the Court; response to notice of deficiency due 3/18/02 (cc: David Sanford) (SDB) (Entered: 03/13/2002)

March 13, 2002

March 13, 2002

20

MOTION by plaintiffs for attorneys Joseph M. Sellers and Suzette Marie Malveaux to appear pro hac vice, receipt #319896 ; affidavits in Support; order tendered (SDB) (Entered: 03/14/2002)

March 13, 2002

March 13, 2002

21

MOTION for attorney Bruce B. Whitman to appear pro hac vice for plaintiffs Kim Brewer, Gwendolyn Barker and Thomas Brame, receipt #319893 ; affidavit in Support (SDB) (Entered: 03/14/2002)

March 13, 2002

March 13, 2002

22

NOTICE OF DEFICIENCY: submit proposed order for DN 21; failure to comply will be brought to the attention of the Court; response to notice of deficiency due 3/18/02 (cc: Bruce B. Whitman) (SDB) (Entered: 03/14/2002)

March 13, 2002

March 13, 2002

24

NOTICE OF DEFICIENCY: submit proposed order for DN 23; failure to comply will be brought to the attention of the Court; response to notice of deficiency due 3/19/02 (cc: David Sanford) (SDB) (Entered: 03/19/2002)

March 14, 2002

March 14, 2002

RESPONSE TO NOTICE OF DEFICIENCY by plaintiffs; Order submitted (MLG) (Entered: 03/18/2002)

March 18, 2002

March 18, 2002

RESPONSE TO NOTICE OF DEFICIENCY, order tendered for DN 18 (TLB) (Entered: 03/19/2002)

March 18, 2002

March 18, 2002

DOCUMENT NUMBER: 21 SUBMITTED to Judge Russell (SDB) (Entered: 03/19/2002)

March 19, 2002

March 19, 2002

FILE SUBMITTED to Judge Russell's Chambers (SDB) (Entered: 03/19/2002)

March 19, 2002

March 19, 2002

25

ORDER by Judge Thomas B. Russell; granting motion for attorneys Joseph M. Sellers and Suzette Marie Malveaux to appear pro hac vice, receipt #319896 [20−1] (cc: all counsel) [Entry Date: 3/20/02] (SDB) (Entered: 03/20/2002)

March 20, 2002

March 20, 2002

26

ORDER by Judge Thomas B. Russell ; tele conf held on 3/19/02; parties shall file proposed schedules and reasons in support by 3/25/02; tele conf set for 11:00 4/1/02 before Judge Thomas B. Russell ; ct shall initiate call (cc: all counsel) [Entry Date: 3/21/02] (SDB) (Entered: 03/21/2002)

March 21, 2002

March 21, 2002

RESPONSE TO NOTICE OF DEFICIENCY by plaintiffs; order submitted w/DN 23 (MLG) (Entered: 03/22/2002)

March 21, 2002

March 21, 2002

27

MOTION by plaintiff for attorney Rocco Calamusa, Jr. to appear pro hac vice (fee pd #319925) ; order tendered (MLG) (Entered: 03/22/2002)

March 21, 2002

March 21, 2002

28

RESPONSE/revised statement of position and proposed scheduling order by plaintiffs as to [26−2] (SDB) (Entered: 03/25/2002)

March 25, 2002

March 25, 2002

29

AMENDED STATEMENT OF Position and Proposed Discovery Schedule by defendant Kroger Company to [26−2] (MLG) (Entered: 03/26/2002)

March 25, 2002

March 25, 2002

30

ORDER by Judge Thomas B. Russell; granting plaintiffs' motion for attorney Rocco Calamusa Jr to appear pro hac vice [27−1] (cc: all counsel) [Entry Date: 3/28/02] (SDB) (Entered: 03/28/2002)

March 28, 2002

March 28, 2002

31

ORDER by Judge Thomas B. Russell granting motion for attorney Bruce B. Whitman to appear pro hac vice for plaintiffs Kim Brewer, Gwendolyn Barker and Thomas Brame, receipt #319893 [21−1] (cc: all counsel) [Entry Date: 4/3/02] (SDB) (Entered: 04/03/2002)

April 3, 2002

April 3, 2002

32

ORDER by Judge Thomas B. Russell granting motion for attorneys Robert F. Childs and Grant E. Morris to appear pro hac vice, receipt #14570 and 14571 [23−1] (cc: all counsel) [Entry Date: 4/3/02] (SDB) Modified on 04/03/2002 (Entered: 04/03/2002)

April 3, 2002

April 3, 2002

33

SUPPLEMENT by plaintiffs re response [28−1] (SDB) (Entered: 04/04/2002)

April 4, 2002

April 4, 2002

34

ORDER by Judge Thomas B. Russell ; telephone conference on 4/5/02 is VACATED; telephone conf. set for 9:30 a.m. on 4/18/02 before Judge Thomas B. Russell ; dfts are given until 4/8/02 to file a suppl position and proposed scheduling order and resp to plas' last submission (cc: all counsel) [Entry Date: 4/4/02] (KJI) (Entered: 04/04/2002)

April 4, 2002

April 4, 2002

35

RESPONSE by defendant Kroger Company to [33−1] (SDB) (Entered: 04/10/2002)

April 9, 2002

April 9, 2002

36

ORDER by Judge Thomas B. Russell ; telephone conference held on 4/18/02; additional telephone conf set for 9:45 5/3/02 before Judge Thomas B. Russell ; ct will arrange call (cc: all counsel) [Entry Date: 4/22/02] (SDB) (Entered: 04/22/2002)

April 22, 2002

April 22, 2002

37

MOTION by plaintiffs for leave to file proposed compromise discovery plan and correction to dft's characterization of Watkins v Kroger Company ; Memorandum in Support; order tendered (SDB) (Entered: 04/26/2002)

April 26, 2002

April 26, 2002

FILE RETURNED (SDB) (Entered: 05/06/2002)

May 6, 2002

May 6, 2002

39

SCHEDULING ORDER by Judge Thomas B. Russell; tele conf held on 5/3/02; following deadlines apply to class certification issue only; amendments set for 8/1/02; discovery set for 3/1/03; case referred to Magistrate Judge James D. Moyer ; tele conf set for 7/1/02 at 10:00 a.m. EDT, 9/6/02 at 9:30 a.m.EDT; 12/6/02 at 9:30 a.m.EST; 3/7/03 at 9:30 a.m.EST parties to comply with remainder of order as set forth (cc: all counsel, USMJ Moyer) [Entry Date: 5/7/02] (SDB) (Entered: 05/07/2002)

May 7, 2002

May 7, 2002

BEGIN VOLUME # 2 (SDB) (Entered: 05/08/2002)

May 8, 2002

May 8, 2002

FILE SUBMITTED to Judge Russell's Chambers (SDB) (Entered: 05/28/2002)

May 28, 2002

May 28, 2002

FILE RETURNED (SDB) (Entered: 06/06/2002)

June 6, 2002

June 6, 2002

40

ORDER by Judge Thomas B. Russell; granting motion for leave to file amd cmp [18−1] (cc: all counsel) [Entry Date: 6/6/02] (SDB) (Entered: 06/06/2002)

June 6, 2002

June 6, 2002

41

AMENDED COMPLAINT [1−1] by plaintiffs Ron Wade, Cary Owsley, Vincent Mangruem, Felicia Hawkins and Michael Elliott; adding Kim Brewer, Gwendolyn Barker, Thomas Brame, Julie Long, Elnora Mays−Jones, Dwight Cummings and Ronald Clayton as additional plaintiffs and Kroger Ltd Prt I, Kroger General Partn and Kroger Texas LP as additional defendants; jury demand (SDB) (Entered: 06/06/2002)

June 6, 2002

June 6, 2002

RETURN OF SERVICE executed upon defendant Kroger Texas LP (SDB) (Entered: 06/27/2002)

June 27, 2002

June 27, 2002

RETURN OF SERVICE executed upon defendant Kroger Company on 6/20/02 (SDB) (Entered: 06/27/2002)

June 27, 2002

June 27, 2002

RETURN OF SERVICE executed upon defendant Kroger Ltd Prt I on 6/21/02 (SDB) (Entered: 06/28/2002)

June 28, 2002

June 28, 2002

42

ANSWER by dfts Kroger Company, Kroger Ltd Prt I, Kroger General Partn, Kroger Texas LP to [41−1]; jury demand (SDB) (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

43

MOTION by dfts Kroger Company, Kroger Ltd Prt I, Kroger General Partn, Kroger Texas LP to dismiss case (pla has additional 30 days to respond per DN 45) ; memorandum in support; order tendered (SDB) Modified on 07/24/2002 (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

44

MOTION by defendant Kroger Texas LP to dismiss (pla has an additional 45 days to respond per DN 48) ; Memorandum in Support; order tendered (JSS) Modified on 09/20/2002 (Entered: 07/10/2002)

July 9, 2002

July 9, 2002

REMARK: Agreed order tendered allowing plaintiffs an additional 30 days to respond to dfts' motions to dismiss; submitted to Judge Russell (SDB) (Entered: 07/22/2002)

July 22, 2002

July 22, 2002

45

AGREED ORDER by Judge Thomas B. Russell; plaintiffs have an additional 30 days to respond to dfts' motions to dismiss (cc: all counsel) [Entry Date: 7/24/02] (SDB) (Entered: 07/24/2002)

July 24, 2002

July 24, 2002

46

MOTION by plaintiffs to extend time an additional 15 days to file a motion for leave to amd cmp ; Memorandum in Support; order tendered (SDB) (Entered: 08/02/2002)

Aug. 1, 2002

Aug. 1, 2002

47

RESPONSE by defendant Kroger General Partn, defendant Kroger Ltd Prt I to motion to extend time an additional 15 days to file a motion for leave to amd cmp [46−1] (SDB) (Entered: 08/07/2002)

Aug. 6, 2002

Aug. 6, 2002

48

ORDER by Judge Thomas B. Russell granting motion to extend time an additional 15 days to file a motion for leave to amd cmp [46−1] (cc: all counsel) [Entry Date: 8/15/02] (PAC) (Entered: 08/15/2002)

Aug. 15, 2002

Aug. 15, 2002

BEGIN VOLUME # 3 with DN 49 (SDB) (Entered: 08/21/2002)

Aug. 15, 2002

Aug. 15, 2002

49

MOTION for leave to file amd cmp ; order tendered; second amd cmp attached (SDB) (Entered: 08/16/2002)

Aug. 16, 2002

Aug. 16, 2002

51

RESPONSE to motion to dismiss case (pla has additional 30 days to respond per DN 45) [43−1]; order tendered (SDB) (Entered: 08/27/2002)

Aug. 26, 2002

Aug. 26, 2002

FILE SUBMITTED to Judge Russell's Chambers (SDB) (Entered: 09/04/2002)

Sept. 4, 2002

Sept. 4, 2002

52

REPLY by defendant Kroger Texas LP to response to motion to dismiss (pla has an additional 45 days to respond per DN 48) [44−1] (SDB) Modified on 09/20/2002 (Entered: 09/10/2002)

Sept. 9, 2002

Sept. 9, 2002

53

REPLY by Kroger General Partn, Kroger Ltd Prt I, Kroger Company to response to motion to dismiss case (pla has additional 45 days to respond per DN 48) [43−1] (SDB) Modified on 09/20/2002 (Entered: 09/12/2002)

Sept. 11, 2002

Sept. 11, 2002

54

ORDER by Judge Thomas B. Russell ; telephone conference previously set for 12/6/02 is reset for 4:00 12/20/02 before Judge Thomas B. Russell ; ct shall place call (cc: all counsel) [Entry Date: 11/27/02] (SDB) (Entered: 11/27/2002)

Nov. 27, 2002

Nov. 27, 2002

55

MOTION by plaintiff to extend expert designation deadline ; order tendered (SDB) (Entered: 12/03/2002)

Dec. 2, 2002

Dec. 2, 2002

56

RESPONSE by defendant Kroger General Partn, defendant Kroger Ltd Prt I to motion to extend expert designation deadline [55−1] (SDB) (Entered: 12/13/2002)

Dec. 12, 2002

Dec. 12, 2002

57

REPLY by plaintiffs to response to motion to extend expert designation deadline [55−1] (SDB) (Entered: 12/20/2002)

Dec. 20, 2002

Dec. 20, 2002

58

SCHEDULING ORDER by Judge Thomas B. Russell ; telephone conf. set for 11:00 1/17/03 before Judge Thomas B. Russell (cc: all counsel) [Entry Date: 12/24/02] (PAC) (Entered: 12/24/2002)

Dec. 24, 2002

Dec. 24, 2002

59

ORDER by Judge Thomas B. Russell ; telephone conference held on 1/17/03; telephone conf. set for 9:45 1/31/03 before Judge Thomas B. Russell, Ct will arrange the call (cc: all counsel) [Entry Date: 1/23/03] (MLG) (Entered: 01/23/2003)

Jan. 23, 2003

Jan. 23, 2003

60

ORDER by Judge Thomas B. Russell re [44−1], plaintiffs are granted 2 months from entry of this order to conduct discovery re:jurisdictional issues raised in Kroger Texas's motion to dismiss; plaintiffs resp to motion shall be due 20 days thereafter (cc: all counsel) [Entry Date: 1/23/03] (MLG) (Entered: 01/23/2003)

Jan. 23, 2003

Jan. 23, 2003

61

ORDER by Judge Thomas B. Russell granting pla motion for leave to file amd cmp [49−1] (cc: all counsel) [Entry Date: 1/23/03] (MLG) (Entered: 01/23/2003)

Jan. 23, 2003

Jan. 23, 2003

62

SECOND AMENDED COMPLAINT by plaintiffs; jury demand (MLG) (Entered: 01/23/2003)

Jan. 23, 2003

Jan. 23, 2003

63

ORDER by Judge Thomas B. Russell ; telephonic status conference previously set for 1/31/03 is reset for 10:30 2/14/03 before Judge Thomas B. Russell (cc: all counsel, via facsimile) [Entry Date: 1/30/03] (SDB) (Entered: 01/30/2003)

Jan. 30, 2003

Jan. 30, 2003

64

ORDER by Judge Thomas B. Russell ; telephone conference held on 2/14/03 . Amended cmp filed; all discovery referred to USMJ James D. Moyer; Parties shall submit agreed scheduling order prior to first meeting (cc: all counsel) [Entry Date: 2/18/03] (PAC) (Entered: 02/18/2003)

Feb. 18, 2003

Feb. 18, 2003

65

ANSWER by defendant to second amd cmp [62−1]; jury demand (SDB) (Entered: 03/03/2003)

Feb. 28, 2003

Feb. 28, 2003

66

MOTION by plaintiff to compel compliance with the court's 5/3/02 order re class−wide discovery ; Memorandum in Support; order tendered (SDB) (Entered: 03/03/2003)

March 3, 2003

March 3, 2003

67

ORDER by Magistrate Judge James D. Moyer ; telephonic status conf. set for 4:00 3/12/03 before Magistrate Judge James D. Moyer (cc: all counsel) [Entry Date: 3/7/03] (PAC) (Entered: 03/07/2003)

March 7, 2003

March 7, 2003

68

STATUS REPORT by plaintiff (SDB) (Entered: 03/12/2003)

March 11, 2003

March 11, 2003

69

MEMORANDUM OPINION AND ORDER by Judge Thomas B. Russell; denying motion to dismiss case [43−1] for the reasons set forth (cc: all counsel) [Entry Date: 3/19/03] (SDB) (Entered: 03/19/2003)

March 19, 2003

March 19, 2003

70

MOTION by defendants Kroger General Partn, Kroger Ltd Prt I, Kroger Company for attorney Allan G. King to appear pro hac vice, receipt #3013052 affidavit in support; certif of good standing; order tendered (SDB) (Entered: 03/20/2003)

March 20, 2003

March 20, 2003

71

NOTICE OF DEFICIENCY: Type of Deficiency: written consent to be subject of jurisdictional rules; failure to comply will be brought to the attention of the Court; response to notice of deficiency due 3/25/03 (cc: John L. Tate) (SDB) (Entered: 03/20/2003)

March 20, 2003

March 20, 2003

AFFIDAVIT/RESPONSE TO NOTICE OF DEFICIENCY by Allan G. King in support of his motion for admission pro hac vice (SDB) (Entered: 03/25/2003)

March 24, 2003

March 24, 2003

72

ORDER by Magistrate Judge James D. Moyer ; tele conf held on 3/18/03; in−court hearing set for 10:30 3/31/03 before Magistrate Judge James D. Moyer ; cnsl to comply as set forth (cc: all counsel, via facsimile) [Entry Date: 3/25/03] (SDB) (Entered: 03/25/2003)

March 25, 2003

March 25, 2003

73

MOTION by defendants Kroger Company and Kroger Ltd Prt I for attorneys Kathryn Mrkonich−Wilson, Amanda Helm Wright and Dorothy Young of Littler Mendelson to appear pro hac vice, receipt #321216 ; affidavits in support; order tendered (SDB) (Entered: 04/07/2003)

April 4, 2003

April 4, 2003

74

NOTICE by plaintiff of withdrawal of appearance of Suzette M. Malveaux as cnsl (SDB) (Entered: 04/11/2003)

April 11, 2003

April 11, 2003

75

MEMORANDUM in support of their proposed protective order by dfts Kroger Company, Kroger General Partners, Kroger Ltd Prt I (SDB) (Entered: 04/22/2003)

April 22, 2003

April 22, 2003

76

ORDER by Magistrate Judge James D. Moyer ; tele status conf set for 12:00 5/9/03 before Magistrate Judge James D. Moyer ; plaintiff's cnsl will initiate call (cc: all counsel) [Entry Date: 5/1/03] (SDB) (Entered: 05/01/2003)

May 1, 2003

May 1, 2003

77

ORDER by Magistrate Judge James D. Moyer; setting forth Ct's rulings with respect to protective order issues (cc: all counsel via facsimile) [Entry Date: 5/9/03] (SDB) (Entered: 05/09/2003)

May 9, 2003

May 9, 2003

78

ORDER by Magistrate Judge James D. Moyer ; tele conf held on 5/9/03; tele conf set for 2:00 5/16/03 before Magistrate Judge James D. Moyer ; John Tate, cnsl for dft Kroger, will arrange call; production of certain documents will be discussed at that time, if cnsl are unable to agree prior to that time on what documents are to be produced and on what schedule (cc: all counsel) [Entry Date: 5/9/03] (SDB) (Entered: 05/09/2003)

May 9, 2003

May 9, 2003

REMARK: Agreed protective order tendered; submitted to USMJ Moyer (SDB) (Entered: 05/27/2003)

May 27, 2003

May 27, 2003

79

AGREED PROTECTIVE ORDER by Magistrate Judge James D. Moyer; parties to comply as set forth in order (cc: all counsel) [Entry Date: 5/29/03] (TLB) (Entered: 05/29/2003)

May 29, 2003

May 29, 2003

80

ORDER by Judge Thomas B. Russell; granting motion for attorneys Kathryn Mrkonich−Wilson, Amanda Helm Wright and Dorothy Young of Littler Mendelson to appear pro hac vice, receipt #321216 [73−1] (cc: all counsel) [Entry Date: 5/30/03] (SDB) (Entered: 05/30/2003)

May 30, 2003

May 30, 2003

81

ORDER by Judge Thomas B. Russell; granting motion for attorney Allan G. King to appear pro hac vice, receipt #3013052 [70−1] (cc: all counsel) [Entry Date: 5/30/03] (SDB) (Entered: 05/30/2003)

May 30, 2003

May 30, 2003

82

MOTION by plaintiff for attorney Julie Goldsmith to appear pro hac vice (receipt # 107355) ; Affidavit in Support; order tendered (PAC) (Entered: 06/13/2003)

June 12, 2003

June 12, 2003

84

ORDER by Judge Thomas B. Russell; granting motion for attorney Julie Goldsmith to appear pro hac vice (receipt # 107355) [82−1] (cc: all counsel) [Entry Date: 6/24/03] (SDB) (Entered: 06/24/2003)

June 24, 2003

June 24, 2003

Case Details

State / Territory: Kentucky

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Private Employment Class Actions

Key Dates

Filing Date: Nov. 29, 2001

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All part and full time African American employees in Kroger Banner stores in all hourly positions as well as store managerial salaried positions from manager trainee to zone managers who were employed from 11/29/1997 to 6/17/2008

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Kroger Company (Cincinnati), Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $16 million

Order Duration: 2008 - 2011

Content of Injunction:

Recordkeeping

Reporting

Utilize objective hiring/promotion criteria

Issues

General:

Disparate Treatment

Pattern or Practice

Discrimination-area:

Pay / Benefits

Promotion

Discrimination-basis:

Race discrimination

Race:

Black

Affected Gender:

Female

Male