Case: Waters v. Cook's Pest Control, Inc.

2:07-cv-00394 | U.S. District Court for the Northern District of Alabama

Filed Date: Feb. 18, 2007

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On February 18, 2007, an African-American individual filed a class action lawsuit in the U.S. District Court for the Northern District of Alabama. Represented by private counsel, the plaintiff sued the defendant Cook's Pest Control under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. The plaintiff alleged that defendant maintained a pattern and practice of discrimination in employment on the basis of race. Specifically, the plaintiff alleged that defendant discouraged African-A…

On February 18, 2007, an African-American individual filed a class action lawsuit in the U.S. District Court for the Northern District of Alabama. Represented by private counsel, the plaintiff sued the defendant Cook's Pest Control under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. The plaintiff alleged that defendant maintained a pattern and practice of discrimination in employment on the basis of race. Specifically, the plaintiff alleged that defendant discouraged African-Americans from applying for jobs with defendant by, among other things, telling them there was no job and requiring that they file applications personally at every office at which they sought employment. The plaintiff sought declaratory judgment, injunctive relief and damages.

On August 8, 2007, the defendant filed motions to dismiss the plaintiffs' complaint for lack of service and the Title VII claims. On January 28, 2008, the district court (Judge L. Scott Coogler) denied the motions.

On June 5, 2008, the defendant filed a motion for summary judgment, arguing that the named plaintiff failed to failed to make a prima facie case for disparate impact or disparate treatment and failed to show any injury to himself. On December 9, 2008, Judge Coogler denied defendant's motion for summary judgment without prejudice pending further discovery.

Over the next several years, extensive discovery was conducted. In December of 2010, the court stayed the case temporarily as the parties sought mediation. In October of 2011 the parties reached a settlement. Under the terms of the proposed settlement agreement, the defendant agreed to set up a settlement fund of $2,500,000 and to bear the costs of administering the payment of the class members' claims. It also agreed to establish and implement a race-neutral, anti-discrimination hiring policy with the help of a monitor, to train employees in the policy, and to keep records of the race of applicants and hires and the reason hiring decisions were made. The settlement was to last three years, with a possible extension of up to one additional year if necessary to resolve challenges still pending with the monitor.

On January 27, 2012, Judge Coogler preliminarily approved the settlement and certified the class for the purposes of the settlement. The class is defined as: All African-Americans who applied for employment at any Cook’s location from March 1, 2005, through the date of preliminary approval of the settlement, and who were denied employment, excluding all judicial officers or employees of the Federal courts within the second degree of affinity; employees of Plaintiffs’ counsel; and any other person whose presence in the class would cause mandatory recusal of any judge assigned to the case.

On July 17, 2012, the Court approved the parties' settlement agreement and dismissed the case with prejudice, while retaining jurisdiction to enforce the settlement agreement. 2012 WL 2923542.

The named plaintiff was allotted to receive $48,000 for the service to the class. The court ordered the defendant to pay attorney's fees, costs and expenses in the amount of $928,831.55, which is $875,000.00 in attorney's fees and $53,831.55 of expenses.

This case is now closed.

Summary Authors

Sarah Precup (10/15/2015)

Susie Choi (5/16/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5582820/parties/waters-v-cooks-pest-control-inc/


Judge(s)

Coogler, L. Scott (Alabama)

Attorneys(s) for Plaintiff

Braxton, Toni J. (Alabama)

Bronner, Raymond L. (Alabama)

Campbell, Thomas F. (Alabama)

Childs, Robert F. Jr. (Alabama)

Fisher, Samuel (Alabama)

Hill, Samuel Mark (Alabama)

Attorneys(s) for Defendant

Flowers, Ronald W. (Alabama)

Greaves, Mac B. (Alabama)

Middlebrooks, David J. (Alabama)

Judge(s)

Coogler, L. Scott (Alabama)

Attorneys(s) for Plaintiff

Braxton, Toni J. (Alabama)

Bronner, Raymond L. (Alabama)

Campbell, Thomas F. (Alabama)

Childs, Robert F. Jr. (Alabama)

Fisher, Samuel (Alabama)

Hill, Samuel Mark (Alabama)

Attorneys(s) for Defendant

Flowers, Ronald W. (Alabama)

Greaves, Mac B. (Alabama)

Middlebrooks, David J. (Alabama)

Morton, Dent M. (Alabama)

Pittman, Julie W. (Alabama)

Documents in the Clearinghouse

Document

Docket (PACER)

July 17, 2012 Docket
3

First Amended Class Action Complaint

July 17, 2007 Complaint
25

Memorandum of Opinion and Order [Denying Defendant's Motions to Dismiss]

Jan. 28, 2008 Order/Opinion
38

Defendant's Motion for Summary Judgment

June 5, 2008 Pleading / Motion / Brief
39

Defendant Cook's Pest Control, Inc.'s Brief in Support of Its Motion for Summary Judgment

2008 WL 2899585

June 5, 2008 Pleading / Motion / Brief
59

Order [Denying Defendant's Motion for Summary Judgment Without Prejudice]

Dec. 9, 2008 Order/Opinion
120

Joint Motion for Preliminary Approval of Settlement Agreement

Nov. 3, 2011 Pleading / Motion / Brief
123

Order Preliminarily Approving Settlement and Providing for Notice

Jan. 27, 2012 Order/Opinion
129

Defendant's Brief in Support of Approval of Class Settlement

May 10, 2012 Pleading / Motion / Brief
131

Plaintiffs' Brief in Support of Motion for Final Approval of Class Settlement, Attorney Fee Award and Other Relief

May 10, 2012 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5582820/waters-v-cooks-pest-control-inc/

Last updated May 20, 2022, 2:11 a.m.

ECF Number Description Date Link
138

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 7/17/12. (KGE, )

July 17, 2012 RECAP
1

COMPLAINT against Cook's Pest Control, Inc. (Filing fee $ 350.) , filed by Marion Waters. (Attachments: # 1 Exhibit A)(BST, ) Modified on 3/1/2007 (BST, ). (Entered: 03/01/2007)

Feb. 28, 2007

Request for service by certified mail filed by Marion Waters (filed w/i the complaint) (BST, ) (Entered: 03/01/2007)

Feb. 28, 2007
2

ORDER TO SHOW CAUSE the plaintiff show cause within 11 days why this action should not be dismissed pursuant to FRCP Rule 4(m) for failure to prosecute. Show Cause Response due by 7/23/2007. Signed by Judge L Scott Coogler on 7/11/2007. (ADF) (Entered: 07/11/2007)

July 11, 2007
3

AMENDED COMPLAINT Marion Waters and Christan Daniel Dodson, et al., against Cook's Pest Control, Inc., filed by Christan Daniel Dodson. (Attachments: # 1 Exhibit Exhibit A)(Campbell, Thomas) (Entered: 07/17/2007)

July 17, 2007
5

Summons Issued as to Cook's Pest Control, Inc., del to pla for service (BST, ) (Entered: 07/20/2007)

July 17, 2007
4

SUMMONS Returned Executed by Christan Daniel Dodson, Marion Waters. Cook's Pest Control, Inc. served on 7/19/2007, answer due 8/8/2007. (Attachments: # 1)(Campbell, Thomas) (Entered: 07/20/2007)

July 20, 2007
6

RESPONSE to re 2 Order to Show Cause filed by Christan Daniel Dodson, Marion Waters. (Campbell, Thomas) (Entered: 07/23/2007)

July 23, 2007
7

MOTION to Dismiss Plaintiff's Original Complaint by Cook's Pest Control, Inc.. (Greaves, Mac) (Entered: 08/08/2007)

Aug. 8, 2007
8

MOTION to Dismiss Plaintiff's Original Complaint by Cook's Pest Control, Inc.. (Greaves, Mac) (Entered: 08/08/2007)

Aug. 8, 2007
9

Brief re 8 MOTION to Dismiss Plaintiff's Original Complaint In Support filed by Cook's Pest Control, Inc.. (Greaves, Mac) (Entered: 08/08/2007)

Aug. 8, 2007
10

MOTION to Dismiss Plaintiffs' Title VII Claims in First Amended Complaint by Cook's Pest Control, Inc.. (Greaves, Mac) (Entered: 08/08/2007)

Aug. 8, 2007
11

Brief re 10 MOTION to Dismiss Plaintiffs' Title VII Claims in First Amended Complaint In Support filed by Cook's Pest Control, Inc.. (Greaves, Mac) (Entered: 08/08/2007)

Aug. 8, 2007
12

REPLY to re 6 In Opposition to Plaintiffs' Response to the Order to Show Cause filed by Cook's Pest Control, Inc.. (Greaves, Mac) (Entered: 08/08/2007)

Aug. 8, 2007
13

UNIFORM INITIAL ORDER − with appendices attached. Signed by Judge L Scott Coogler on 8/9/2007. (ADF) (Entered: 08/09/2007)

Aug. 9, 2007

ORDER FINDING AS MOOT 7 Motion to Dismiss Pla's Original Complaint. Scrivner's error corrected in Doc. 8 . Signed by Judge L Scott Coogler on 08/09/2007. (LIB) (Entered: 08/09/2007)

Aug. 9, 2007
15

Summons Reissued as to Cook's Pest Control, Inc., del to pla for service (BST, ) (Entered: 08/15/2007)

Aug. 14, 2007
16

RESPONSE in Opposition re 8 MOTION to Dismiss Plaintiff's Original Complaint , 10 MOTION to Dismiss Plaintiffs' Title VII Claims in First Amended Complaint filed by Christan Daniel Dodson, Marion Waters. (Campbell, Thomas) (Entered: 08/20/2007)

Aug. 20, 2007
17

SUMMONS Returned Executed by Christan Daniel Dodson, Marion Waters. Cook's Pest Control, Inc. served on 8/21/2007, answer due 9/10/2007. (Campbell, Thomas) (Entered: 08/21/2007)

Aug. 21, 2007
18

REPLY to Response to Motion re 8 MOTION to Dismiss Plaintiff's Original Complaint , 10 MOTION to Dismiss Plaintiffs' Title VII Claims in First Amended Complaint filed by Cook's Pest Control, Inc.. (Greaves, Mac) (Entered: 08/27/2007)

Aug. 27, 2007
19

RE−SUBMITTED MOTION to Dismiss Plaintiff's Original Complaint by Cook's Pest Control, Inc.. (Greaves, Mac) Modified on 9/10/2007 (BST, ). (Entered: 09/10/2007)

Sept. 10, 2007
20

Joint MOTION for Extension of Time to File Unopposed Motion to Extend Time to File Report of Parties Planning Meeting by Christan Daniel Dodson, Marion Waters. (Campbell, Thomas) (Entered: 10/05/2007)

Oct. 5, 2007

ORDER GRANTING 20 Motion for Extension of Time to File Report of Parties' Planning Meeting. Signed by Judge L Scott Coogler on 10/09/2007. (LIB) (Entered: 10/09/2007)

Oct. 9, 2007
21

REPORT of Rule 26(f) Planning Meeting. (Flowers, Ronald) (Entered: 10/10/2007)

Oct. 10, 2007
22

ORDER setting Telephone Conference on the Report of Parties' Planning Mtg at 1:30 p.m. on Tuesday, October 23, 2007; see order for instructions. Signed by Judge L Scott Coogler on 10/12/2007. (ADF) (Entered: 10/12/2007)

Oct. 12, 2007
23

NOTICE by Cook's Pest Control, Inc. Revised Report of Parties' Planning Meeting (Flowers, Ronald) (Entered: 11/09/2007)

Nov. 9, 2007
24

SCHEDULING ORDER: Class certification deadlines as set out in order; All other Discovery due by 10/3/2008. Dispositive Motions due by 11/3/2008. Status Report due by 10/3/2008. Jury Trial set for 4/13/2009 at 9:00 AM in Birmingham, AL before Judge L Scott Coogler. Signed by Judge L Scott Coogler on 11/19/2007. (ADF) (Entered: 11/19/2007)

Nov. 19, 2007
25

MEMORANDUM OF OPINION AND ORDER DENYING 8 Motion to Dismiss; DENYING 10 Motion to Dismiss; and FINDING AS MOOT 19 Re−submitted Motion to Dismiss. Signed by Judge L Scott Coogler on 01/28/2007. (LIB) (Entered: 01/28/2008)

Jan. 28, 2008
26

NOTICE of Appearance by Raymond L Bronner on behalf of Christan Daniel Dodson, Marion Waters (Bronner, Raymond) (Entered: 02/01/2008)

Feb. 1, 2008
27

ANSWER to Amended Complaint by Cook's Pest Control, Inc..(Greaves, Mac) (Entered: 02/11/2008)

Feb. 11, 2008
28

MOTION to Compel by Cook's Pest Control, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Greaves, Mac) (Entered: 02/12/2008)

Feb. 12, 2008
29

ORDER Setting Hearing on 28 MOTION to Compel. Motion Hearing set for 2/28/2008 at 02:00 PM in Birmingham before Judge L Scott Coogler IF required stmt is filed on or before 2/26/2008. Signed by Judge L Scott Coogler on 02/13/2008. (LIB) (Entered: 02/13/2008)

Feb. 13, 2008
30

Corporate Disclosure Statement by Cook's Pest Control, Inc.. (Greaves, Mac) (Entered: 02/18/2008)

Feb. 18, 2008

ORDER FINDING AS MOOT 28 Motion to Compel. Signed by Judge L Scott Coogler on 02/27/2008. (LIB) (Entered: 02/27/2008)

Feb. 27, 2008
32

First MOTION to Dismiss Plaintiff Christan Daniel Dodson from this Action by Christan Daniel Dodson. (Bronner, Raymond) (Entered: 02/29/2008)

Feb. 29, 2008
33

ORDER granting 32 Motion for Voluntary Dismissal of Plaintiff Christian Daniel Dodson, pla Christian Daniel Dodson claims against the dft are DISMISSED WITHOUT PREJUDICE. Signed by Judge L Scott Coogler on 3/3/2008. (KSS, ) (Entered: 03/03/2008)

March 3, 2008
34

Joint MOTION for Extension of Time as to Expert Deadlines by Marion Waters. (Bronner, Raymond) (Entered: 03/03/2008)

March 3, 2008

ORDER GRANTING 34 Joint Motion for Extension of Time to File Expert Disclosures. Plas' expert witness disclosures are now due 05/18/2008. Def's expert witness disclosures are due 07/21/2008. Signed by Judge L Scott Coogler on 03/04/2008. (LIB) (Entered: 03/04/2008)

March 4, 2008
35

MOTION for Leave to File Re−Assert Their First Interrogatories and Requests for Production of Documents and to Shorten Time to Answer by Marion Waters. (Bronner, Raymond) (Entered: 04/04/2008)

April 4, 2008
36

ORDER SETTING TELEPHONE CONFERENCE re: 35 MOTION for Leave to Re−Assert Their First Interrogatories and Requests for Production of Documents and to Shorten Time to Answer. Conference set for 04/23/2008, at 1:30 PM. Counsel for the movant shall arrange call. Signed by Judge L Scott Coogler on 04/08/2008. (LIB) (Entered: 04/08/2008)

April 8, 2008
37

RESPONSE to and Opposition to Plaintiff's Motion for Leave to Re−Assert His First Discovery Requests and Shorten Time to Answer filed by Cook's Pest Control, Inc.. (Greaves, Mac) (Entered: 04/22/2008)

April 22, 2008

ORDER granting in part and denying in part 35 Motion for Leave to Re−Assert First Interrogatories and Requests for Production of Documents. Def has until 05/07/2008 to file responses. Signed by Judge L Scott Coogler on 04/23/2008. (LIB) (Entered: 04/23/2008)

April 23, 2008

NOTICE The parties are NOTIFIED that due to administrative changes in the Tuscaloosa Courthouse, the new Chambers telephone number is 205−561−1670. The law clerks telephone number for THIS case is still 205−278−1827. COURTESY COPIES in THIS case should still be sent to L. Scott Coogler, United States District Court, Northern District of Alabama, 1729 5th Avenue North, Suite 419, Birmingham, Alabama 35203. (BST, ) (Entered: 05/01/2008)

May 1, 2008
38

MOTION for Summary Judgment by Cook's Pest Control, Inc.. (Greaves, Mac) (Entered: 06/05/2008)

June 5, 2008
39

Brief re 38 MOTION for Summary Judgment In Support of Its Motion for Summary Judgment filed by Cook's Pest Control, Inc.. (Greaves, Mac) (Entered: 06/05/2008)

June 5, 2008
40

Evidentiary Material re: 38 MOTION for Summary Judgment, 39 Brief. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Greaves, Mac) (Entered: 06/05/2008)

June 5, 2008
41

MOTION to Compel by Marion Waters. (Attachments: # 1 Exhibit Exh. 1 − Cook's Initial Disclosures, # 2 Exhibit Exh. 2 Pls 1st Rogs and RFPs, # 3 Exhibit Exh. 3 − 032508 correspondences, # 4 Exhibit Exh. 4 − Amended Supp Rogs & RFPs, # 5 Exhibit Exh. 5 − Cook's Resps to Reasserted Rogs, # 6 Exhibit Exh. 6 − Cook's Resps to Reasserted RFPs, # 7 Exhibit Exh. 7 − Cook's Resps to Amended Rogs & RFPs, # 8 Exhibit Exh. 8 − 070108 correspondences, # 9 Exhibit Exh. 9 − 070308 correspondences, # 10 Exhibit Exh. 10 − 070808 correspondences, # 11 Exhibit Exh. 11 − 071108 correspondences, # 12 Exhibit Exh. 12 − 032808 correspondences, # 13 Exhibit Ex. 13 − Proposed Order)(Campbell, Thomas) (Entered: 07/21/2008)

July 21, 2008
43

NOTICE by Marion Waters Stmt Certifying Need for Court Resolution of Discovery Dispute (Attachments: # 1 Exhibit Email correspondence attempting to resolve discovery dispute)(Bronner, Raymond) (Entered: 09/08/2008)

Sept. 8, 2008
44

NOTICE of Appearance by David J Middlebrooks on behalf of Cook's Pest Control, Inc. (Middlebrooks, David) (Entered: 09/15/2008)

Sept. 15, 2008
45

RESPONSE in Opposition re 41 MOTION to Compel filed by Cook's Pest Control, Inc.. (Greaves, Mac) (Entered: 09/16/2008)

Sept. 16, 2008
46

MOTION to Stay Discovery by Cook's Pest Control, Inc.. (Greaves, Mac) (Entered: 09/17/2008)

Sept. 17, 2008

ORDER DENYING 41 Motion to Compel, and GRANTING 46 Motion to Stay Discovery as stated on the record in open court today, 9/18/2008. Signed by Judge L Scott Coogler on 09/18/2008. (LIB) (Entered: 09/18/2008)

Sept. 18, 2008

Minute Entry for proceedings held before Judge L Scott Coogler: Motion Hearing held on 9/18/2008 re 38 MOTION for Summary Judgment, 41 MOTION to Compel, and 46 MOTION to Stay Discovery; oral arguments; order to be entered (Court Reporter Lindy Fuller.) (ADF) (Entered: 09/19/2008)

Sept. 18, 2008
47

MOTION for Extension of Time to File Rule 56(f) Motion in Opposition by Marion Waters. (Bronner, Raymond) (Entered: 09/23/2008)

Sept. 23, 2008

ORDER granting 47 Motion for Extension of Time to File. Signed by Judge L Scott Coogler on 9/24/2008. (BJT) (Entered: 09/24/2008)

Sept. 24, 2008
48

RESPONSE to Court's Oral Instruction for Plaintiff to Show Cause and In the Alternative, Motion to Allow Discovery Needed to Oppose Defendant's Motion for Summary Judgment filed by Marion Waters. (Attachments: # 1 Exhibit Exh. A − Declaration of Thomas F. Campbell, # 2 Exhibit Exh. B − 11.19.07 Scheduling Order, # 3 Exhibit Exh. C − Marion Waters' EEOC Charge)(Campbell, Thomas) (Entered: 10/02/2008)

Oct. 2, 2008
49

RESPONSE to re 48 Plaintiff's Supplement to His Response to the Court's Oral Instruction for Plaintiff to Show Cause And, In The Alternative, Motion to Allow Discovery Needed to Oppose Defendant's Motion for Summary Judgment filed by Marion Waters. (Bronner, Raymond) (Entered: 10/06/2008)

Oct. 6, 2008
50

ORDER re: 48 Response and Motion filed by Marion Waters. The Court will issue an Order at a later date that will notify Def when its response to Plas motion is due. Signed by Judge L Scott Coogler on 10/14/2008. (LIB) (Entered: 10/14/2008)

Oct. 14, 2008
51

Transcript of Proceedings held on 9/18/2008, before Judge L. Scott Coogler; Court Reporter Lindy Fuller, Telephone number 205−527−2958; Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction; After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (See Transcript Redaction Policy) Redaction Request due 11/5/2008. Redacted Transcript Deadline set for 11/17/2008. Release of Transcript Restriction set for 1/13/2009. (BST) (Additional attachment(s) added on 10/17/2008: # 1 signature page) (BST, ). (Entered: 10/15/2008)

Oct. 15, 2008
52

ORDER that Def has 10 days to file a response to 48 Response and Motion filed by Marion Waters. Signed by Judge L Scott Coogler on 10/15/2008. (LIB) (Entered: 10/15/2008)

Oct. 15, 2008
53

ORDER Setting Hearing re: Pla's Response and Motion 48 . Hearing set for 11/12/2008 at 02:30 PM before Judge L Scott Coogler. Thomas Campbell is ordered to

Oct. 16, 2008
55

ORDER GRANTING 54 Pla's Unopposed Motion to Re−schedule Hearing Set For November 12, 2008. Hearing is RESCHEDULED for 11/21/2008 at 03:00 PM in BIRMINGHAM, AL, before Judge L Scott Coogler. Tom Campbell is ordered to attend in person. Signed by Judge L Scott Coogler on 10/24/2008. (LIB) (Entered: 10/24/2008)

Oct. 24, 2008
56

MOTION to Strike 48 Response (other), Response (other) by Cook's Pest Control, Inc.. (Greaves, Mac) (Entered: 10/29/2008)

Oct. 29, 2008
57

Opposition to re 48 to Plaintiff's Motion to Allow Discovery Needed to Oppose Defendant's Motion for Summary Judgment filed by Cook's Pest Control, Inc.. (Greaves, Mac) (Entered: 10/29/2008)

Oct. 29, 2008

Minute Entry for proceedings held before Judge L Scott Coogler: Motion Hearing held on 11/21/2008 re 56 MOTION to Strike 48 Response (other), Response (other), 47 MOTION for Extension of Time to File Rule 56(f) Motion in Opposition ; further instructions to attys regarding motions (Court Reporter Lindy Fuller.) (ADF) (Entered: 11/21/2008)

Nov. 21, 2008
58

AFFIDAVIT in Opposition re 38 MOTION for Summary Judgment filed by Marion Waters. (Campbell, Thomas) (Entered: 12/04/2008)

Dec. 4, 2008
59

ORDER denying dft's 38 Motion for Summary Judgment w/o prej to refile, at a later date; granting dft's 56 Motion to Strike brief; parties are to file a proposed scheduling order w/i 11 days; Signed by Judge L Scott Coogler on 12/9/2008. (BST) (Entered: 12/09/2008)

Dec. 9, 2008
60

Joint MOTION Proposing A Modified Scheduling Order by Cook's Pest Control, Inc. (Greaves, Mac) Modified on 12/23/2008 (BST) (Entered: 12/22/2008)

Dec. 22, 2008
61

Brief Memorandum of Law in Supplement of Proposed Joint Scheduling Order filed by Cook's Pest Control, Inc.. (Greaves, Mac) (Entered: 12/30/2008)

Dec. 30, 2008
62

ORDER re discovery and scheduling issues. Signed by Judge L Scott Coogler on 01/09/2009. (LIB) (Entered: 01/09/2009)

Jan. 9, 2009
63

RESPONSE to re 62 Joint Proposed Modified Scheduling Order filed by Cook's Pest Control, Inc.. (Greaves, Mac) (Entered: 01/14/2009)

Jan. 14, 2009
64

MODIFIED SCHEDULING ORDER: Discovery due by 7/15/2009. Dispositive Motions due by 12/15/2009. Status Report due by 10/15/2009 − further deadlines to be set at later date. Signed by Judge L Scott Coogler on 1/21/2009. (ADF) (Entered: 01/21/2009)

Jan. 21, 2009
65

MOTION to Compel by Marion Waters. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Campbell, Thomas) (Entered: 02/05/2009)

Feb. 5, 2009
66

ORDER Setting Hearing on 65 MOTION to Compel. Motion Hearing set for 2/19/2009 at 03:30 PM in BIRMINGHAM, Alabama, before Judge L Scott Coogler IF certification of dispute is filed by 02/17/2009. Signed by Judge L Scott Coogler on 02/05/2009. (LIB) (Entered: 02/05/2009)

Feb. 5, 2009
67

Joint MOTION to Continue of Hearing by Cook's Pest Control, Inc.. (Greaves, Mac) (Entered: 02/09/2009)

Feb. 9, 2009

ORDER GRANTING 67 Joint MOTION to Continue Hearing; Motion Hearing on 65 MOTION to Compel (set for 2/19/09) is RESCHEDULED for 2/27/2009 at 10:00 AM to be held in TUSCALOOSA, AL by agreement of parties before Judge L Scott Coogler. Signed by Judge L Scott Coogler on 2/10/2009. (ADF) (Entered: 02/10/2009)

Feb. 10, 2009
68

ORDER re: inquiry on deadline for response to 65 MOTION to Compel. Response due by 02/24/2009 at 5 PM. Signed by Judge L Scott Coogler on 02/20/2009. (LIB) (Entered: 02/20/2009)

Feb. 20, 2009
69

Opposition to Waters Renewed Motion to Compel filed by Cook's Pest Control, Inc.. (Greaves, Mac) (Entered: 02/24/2009)

Feb. 24, 2009
71

NOTICE by Marion Waters re 65 MOTION to Compel Certification of Need for Hearing (Bronner, Raymond) (Entered: 02/25/2009)

Feb. 25, 2009
72

ORDER CONTINUING Discovery Hearing set for 02/27/2009. The hearing will be reset for a later date. Counsel nonetheless shall meet in the Court's 4th floor jury room. See written order for details. Signed by Judge L Scott Coogler on 02/26/2009. (LIB) (Entered: 02/26/2009)

Feb. 26, 2009
73

MOTION for Extension of Time for Production of Discovery by Cook's Pest Control, Inc.. (Greaves, Mac) (Entered: 03/06/2009)

March 6, 2009

ORDER GRANTING 73 Motion for Extension of Time to Produce Discovery. Signed by Judge L Scott Coogler on 03/09/2009. (LIB) (Entered: 03/09/2009)

March 9, 2009
74

Supplemental MOTION for Extension of Time for Production of Discovery by Cook's Pest Control, Inc.. (Greaves, Mac) (Entered: 03/09/2009)

March 9, 2009
75

MOTION for Protective Order − Stipulated Protective Order by Cook's Pest Control, Inc.. (Greaves, Mac) (Entered: 03/09/2009)

March 9, 2009

ORDER GRANTING 74 Motion for Extension of Time. Signed by Judge L Scott Coogler on 03/10/2009. (LIB) (Entered: 03/10/2009)

March 10, 2009
76

STIPULATED PROTECTIVE ORDER. Signed by Judge L Scott Coogler on 03/10/2009. (LIB) (Entered: 03/10/2009)

March 10, 2009
77

NOTICE of Appearance by Julie Wilson Pittman on behalf of Cook's Pest Control, Inc. (Pittman, Julie) (Entered: 03/11/2009)

March 11, 2009
78

STATUS REPORT − Joint Statement Regarding Discovery Issues Requiring Court Resolution by Cook's Pest Control, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Greaves, Mac) (Entered: 03/16/2009)

March 16, 2009
79

ORDER Resetting Hearing on 65 MOTION to Compel. Motion Hearing set for 4/10/2009 at 09:30 AM in TUSCALOOSA, AL, before Judge L Scott Coogler. Signed by Judge L Scott Coogler on 03/17/2009. (LIB) (Entered: 03/17/2009)

March 17, 2009
80

Supplemental MOTION to Compel by Marion Waters. (Campbell, Thomas) (Entered: 04/08/2009)

April 8, 2009
81

Opposition to re 80 − Initial First Supplemental Opposition to Plaintiff's First Supplement to Renewed Motion to Compel filed by Cook's Pest Control, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Pittman, Julie) (Entered: 04/09/2009)

April 9, 2009

Minute Entry for proceedings held before Judge L Scott Coogler: Motion Hearing held on 4/10/2009 re 65 MOTION to Compel, and 80 Supplemental MOTION to Compel; oral arguments; written order to be entered (Court Reporter Lindy Fuller.) (ADF) (Entered: 04/10/2009)

April 10, 2009
82

RESPONSE to Court's Order for Proposed Discovery Plan filed by Cook's Pest Control, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Greaves, Mac) (Entered: 04/15/2009)

April 15, 2009
83

RESPONSE in Support re 65 MOTION to Compel filed by Marion Waters. (Campbell, Thomas) (Entered: 04/15/2009)

April 15, 2009
84

Supplement to MOTION to Compel by Marion Waters. (Attachments: # 1 Exhibit 1)(Campbell, Thomas) Modified on 9/14/2009 (BST) (Entered: 06/23/2009)

June 23, 2009
85

Opposition to re 84 Plaintiff's Second Supplement to Renewed Motion to Compel filed by Cook's Pest Control, Inc.. (Attachments: # 1 Exhibit A)(Pittman, Julie) (Entered: 07/02/2009)

July 2, 2009
86

ORDER GRANTING IN PART AND DENYING IN PART 65 Motion to Compel. Signed by Judge L Scott Coogler on 09/14/2009. (LIB) (Entered: 09/14/2009)

Sept. 14, 2009
88

NOTICE by Cook's Pest Control, Inc. − Notice of Intent to Serve Non−Party Subpoenas (Attachments: # 1 Exhibit 1)(Pittman, Julie) (Entered: 12/22/2009)

Dec. 22, 2009
89

ORDER Setting Hearing on 87 MOTION for Sanctions. Motion Hearing set for 1/27/2010 at 10:30 AM in Hugo L Black US Courthouse, Birmingham, AL before Judge L Scott Coogler. Signed by Judge L Scott Coogler on 1/5/2010. (LIB) (Entered: 01/05/2010)

Jan. 5, 2010
90

MOTION to Continue Hearing by Marion Waters. (Fisher, Samuel) (Entered: 01/08/2010)

Jan. 8, 2010

State / Territory: Alabama

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: Feb. 18, 2007

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

all African-Americans who applied for employment at any Cook’s location from March 1, 2005, through the date of preliminary approval of the settlement, and who were denied employment, excluding all judicial officers or employees of the Federal courts within the second degree of affinity; employees of Plaintiffs’ counsel; and any other person whose presence in the class would cause mandatory recusal of any judge assigned to the case

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Cook's Pest Control, Inc., Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

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

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: 2,500,000

Order Duration: 2012 - 2015

Content of Injunction:

Hire

Monitor/Master

Monitoring

Provide antidiscrimination training

Recordkeeping

Training

Develop anti-discrimination policy

Discrimination Prohibition

Issues

General:

Disparate Impact

Disparate Treatment

Pattern or Practice

Discrimination-area:

Hiring

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits