Case: Middleton v. Publix Super Markets

8:97-cv-00760 | U.S. District Court for the Middle District of Florida

Filed Date: April 4, 1997

Closed Date: 2001

Clearinghouse coding complete

Case Summary

On April 4, 1997, Plaintiffs, African American employees and applicants for employment with Publix Super Markets, Inc. filed a class action complaint Publix Super Markets in the U.S. District Court for the Middle District of Florida pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000(e), et seq.; Section 1981 of the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Florida Human Rights Act of 1977, ("Florida HRA"); and the Florida Civil Rights Act of 1992. The Pla…

On April 4, 1997, Plaintiffs, African American employees and applicants for employment with Publix Super Markets, Inc. filed a class action complaint Publix Super Markets in the U.S. District Court for the Middle District of Florida pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000(e), et seq.; Section 1981 of the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Florida Human Rights Act of 1977, ("Florida HRA"); and the Florida Civil Rights Act of 1992. The Plaintiffs, represented by private counsel, asked the court for monetary, injunctive, and declaratory relief, claiming that Publix had maintained a pattern and practice of racial discrimination against black applicants and employees in both its retail outlets and its non-retail operations.

Specifically, Plaintiffs alleged that Publix had engaged in a policy or pattern of unlawful discrimination on the basis of race in all of its operations with respect to hiring, assignment, demotion, transfer, compensation, promotion from part-time to full-time, promotion from full-time to management, promotion within management, harassment, retaliation and discharge.

On April 17, 2000, a new class representative who had been denied promotion due to the implementation and evaluation of certain testing. During the following month, the parties began settlement negotiations. These efforts ultimately resulted in a voluntary agreement to settle this action.

On July 12, 2001, the Court (Judge James D. Whittemore) approved a Consent Decree which provided monetary relief for certain eligible Class Representatives and equitable and declaratory relief for other eligible Representatives. A particularly notable aspect of the settlement involved the establishment of a discharge review system to ensure that black associates have an opportunity to have discharges reviewed by Publix's Human Resources Department, and the option to submit claims of alleged race discrimination arising from such decisions to mediation. Beginning in July 2001, there were obligatory monthly status reports filed with the Court detailing the settlement proceedings; these status reports were issued until October 2003, when Judge Whittemore signed an order granting an unopposed motion to relieve this obligation.

Summary Authors

Robert Routh (7/20/2010)

People


Judge(s)

Whittemore, James D. (Florida)

Attorneys(s) for Plaintiff

Aye, Walter Edwards (Florida)

Davis, John Clark (Florida)

Roberts, Kesler T (Florida)

Spriggs, Peter Kent (Florida)

Attorneys(s) for Defendant

Barkin, Marvin E (Florida)

Gallagher, John J. (District of Columbia)

Hill, William Bradley Jr. (Georgia)

James, Dinita L (Arizona)

Smith, Kevin M (Tennessee)

Judge(s)

Whittemore, James D. (Florida)

Attorneys(s) for Plaintiff

Aye, Walter Edwards (Florida)

Davis, John Clark (Florida)

Roberts, Kesler T (Florida)

Spriggs, Peter Kent (Florida)

Attorneys(s) for Defendant

Barkin, Marvin E (Florida)

Gallagher, John J. (District of Columbia)

Hill, William Bradley Jr. (Georgia)

James, Dinita L (Arizona)

Smith, Kevin M (Tennessee)

Weirich, C. Geoffrey (Georgia)

Other Attorney(s)

Freund, Jeffrey R (District of Columbia)

Susskind, Howard S (Florida)

Documents in the Clearinghouse

Document

Docket

Aug. 25, 2004 Docket
1

Complaint

April 3, 1997 Complaint
257

Amended Complaint

March 22, 1999 Complaint
373

Consent Decree (Proposed)

July 12, 2001 Settlement Agreement
372

Order (Approving Consent Decree)

July 12, 2001 Order/Opinion

Resources

Title Description External URL

Judicial Independence, Employment Discrimination Studies Funded

Ann Nicholson

This brief article describes the Clearinghouse's award of $12,000 to build its collection of employment discrimination class actions brought by private plaintiffs. Nov. 1, 2008 https://law.wustl.edu/...

Docket

Last updated May 28, 2022, 3:13 a.m.

ECF Number Description Date Link
1

CLASS ACTION COMPLAINT filed − employment discrimination/race − jury demanded (crb) (Entered: 04/07/1997)

April 3, 1997

FILING FEE PAID in the amount of $150.00 Receipt # 53709 (crb) (Entered: 04/07/1997)

April 3, 1997

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Thomas McCoun (crb) (Entered: 04/07/1997)

April 3, 1997

SUMMONS(ES) issued for Publix Super Market. Consent(s) issued. (crb) (Entered: 04/07/1997)

April 3, 1997
2

MOTION by Lemuel Middleton and plaintiffs with memorandum in support for leave to conduct class communications ; attachments. (crb) (Entered: 04/14/1997)

April 11, 1997
3

NOTICE of designation under Local Rule 3.05 − TRACK 3. (ctc) (crb) (Entered: 04/17/1997)

April 17, 1997
4

RESPONSE by Publix Super Market to [2−1] motion for leave to conduct class communications. Attachment. (crb) (Entered: 04/18/1997)

April 17, 1997
5

EMERGENCY MOTION by Lemuel Middleton and plaintiffs with memorandum in support to be relieved from Local Rule 4.04(e); so that plaintiffs' counsel can respond to inquiries from potential class members ; attachments. (crb) Modified on 04/24/1997 (Entered: 04/22/1997)

April 22, 1997
6

RESPONSE by Publix Super Market to [6−1] emergency motion to be relieved from Local Rule 4.04(e); so that plaintiffs' counsel can respond to inquiries from potential class members. (crb) Modified on 04/24/1997 (Entered: 04/22/1997)

April 22, 1997
7

ORDER granting [2−1] plaintiffs' motion for leave to conduct class communications; denying as moot [6−1] motion to be relieved from Local Rule 4.04(e). ( Signed by Judge Henry L. Adams Jr. ) ctc (crb) Modified on 04/24/1997 (Entered: 04/23/1997)

April 22, 1997

FAXED a copy of order 8 to Kent Spriggs, Esq. and Dinita James, Esq. (crb) (Entered: 04/23/1997)

April 23, 1997
9

CONSENTED MOTION by Publix Super Market with memorandum in support to extend time to 05/19/97 in which to respond to the complaint (crb) (Entered: 04/25/1997)

April 25, 1997
10

ORDER granting [9−1] motion to extend time to 05/19/97 in which to respond to the complaint. Defendant has until 5/19/97 to respond to complaint. reset answer due for 5/19/97 for Publix Super Market ( Signed by Judge Henry L. Adams Jr. ) ctc (gw) (Entered: 04/28/1997)

April 28, 1997
11

APPLICATION of Non−Resident Counsel and Designation of Local Counsel as to Publix Super Market . Local Counsel: . Non−Resident Counsel: . (crb) (Entered: 05/01/1997)

April 30, 1997
11

APPLICATION of Non−Resident Counsel, C. Geoffrey Weirich and William B. Hill, Jr. of Paul, Hastings, and Designation of Local Counsel, Dinita L. James of Trenam, Kember, on behalf of Publix Super Market. Good Standing forms attached. (crb) (Entered: 05/01/1997)

April 30, 1997
13

MOTION by Lemuel Middleton, Reginald Lewis, John Kee, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Laswanya Jackson, David Kee, Byron Williams, Victor Kee, Andrew Lovett, Madeline Riley, Sherria Campbell, Charles Jackson with memorandum in support to extend time to 09/30/97 in which to file class certification motion (crb) (Entered: 05/07/1997)

May 5, 1997
14

MEMORANDUM by Publix Super Market in opposition to [13−1] motion to extend time to 09/30/97 in which to file class certification motion. (crb) (Entered: 05/07/1997)

May 6, 1997
15

ORDER granting [12−1] plaintiffs' motion to take class action discovery; granting [13−1] plaintiffs' motion to extend time in which to file class certification motion; reset class action discovery due for 9/15/97 ; case management report is due on 05/23/97; motions related to class allegation discovery shall be filed by 08/15/97; responses are due seven days thereafter; plaintiff shall file a motion for class certification by 09/30/97; defendants' response is due 10/21/97; plaintiffs' reply is due 10/28/97; set hearing on motion for class certification for 11/14/97 at 9:00 Scheduled for Judge Henry L. Adams Jr. ; joint statement pertaining to class allegations is due five days before the hearing on 11/14/97; case management report on merits discovery and motion practice is due three days prior to hearing on 11/14/97; discovery on merits shall commence on 10/29/97 ; set hearing for preliminary pretrial conference for 11/14/97 at 9:00 Scheduled for Judge Henry L. Adams Jr. ( Signed by Judge Henry L. Adams Jr. ) ctc (crb) (Entered: 05/13/1997)

May 9, 1997

Deadline corrected; set preliminary pretrial conference for 9:00 a.m. on 11/14/97 Scheduled for Judge Henry L. Adams Jr. as set by order 15 (crb) (Entered: 05/13/1997)

May 9, 1997
16

MOTION by Lemuel Middleton and plaintiffs with memorandum in support in limine re: releases by defendant to potential class members , in limine re: exclusion of class "B" sworn declaration , in limine re: notice to potential class members ; attachments. SEE: 01/14/98 Publix's Notice of imminent change of factual circumstances 178 . (crb) Modified on 01/15/1998 (Entered: 05/16/1997)

May 16, 1997
17

ANSWER to complaint with defenses by Publix Super Market. (crb) (Entered: 05/20/1997)

May 19, 1997
18

CASE MANAGEMENT REPORT on class certification discovery. (crb) (Entered: 05/27/1997)

May 23, 1997
19

RESPONSE by Publix Super Market to [16−1] motion in limine re: releases by defendant to potential class members, [16−2] motion in limine re: exclusion of class "B" sworn declaration, [16−3] motion in limine re: notice to potential class members. Attachments. SEE: 01/14/98 Publix's Notice of imminent change of factual circumstances 178 (crb) Modified on 01/15/1998 (Entered: 06/04/1997)

June 2, 1997
20

NOTICE of JOINT REPORT on resolution of case management dispute by Lemuel Middleton and class plaintiffs and Publix Super Market. (crb) (Entered: 06/04/1997)

June 3, 1997
20

MOTION by Lemuel Middleton and class plaintiffs and Publix Super Market with memorandum in support to extend time to 10/06/97 in which to complete expert discovery regarding class certification (crb) (Entered: 06/04/1997)

June 3, 1997
21

STIPULATION and JOINT MOTION for order governing the exchange and protection of confidential information by plaintiff Lemuel Middleton and class plaintiffs and defendant Publix Super Market. Proposed order affixed. (crb) (Entered: 06/09/1997)

June 5, 1997
22

ORDER approving [21−1] stipulation re: governing the exchange and protection of confidential information. ( Signed by Mag. Judge Thomas B. McCoun III ) ctc

June 9, 1997
23

DECLARATION of Florence Toalston by Lemuel Middleton and class plaintiffs re: [23−1] motion to compel. (crb) (Entered: 06/26/1997)

June 25, 1997
23

DECLARATION of La Ray Williams by Lemuel Middleton and class plaintiffs re: [23−1] motion to compel. (crb) (Entered: 06/26/1997)

June 25, 1997
23

AFFIDAVIT of John Williams by Lemuel Middleton and class plaintiffs re: [23−1] motion to compel. (crb) (Entered: 06/26/1997)

June 25, 1997
23

DECLARATION of Geanie Moore by Lemuel Middleton and class plaintiffs re: [23−1] motion to compel. (crb) (Entered: 06/26/1997)

June 25, 1997
23

DECLARATION of Loretta Thompson by Lemuel Middleton and class plaintiffs re: [23−1] motion to compel. (crb) (Entered: 06/26/1997)

June 25, 1997
24

NOTICE of appearance of John J. Gallager of Paul, Hastings and DESIGNATION and consent−to−act of Dinita L. James of Trenam, Kemker on behalf of Publix Super Market. (crb) (Entered: 07/01/1997)

June 30, 1997
25

NOTICE of filing affidavits of Deric F. Tipton, Esq., Tiffany Capers and Anthony Kearney in support of motion to compel disclosure of electronic human resources data by Lemuel Middleton and class plaintiffs. Attachments. (crb) (Entered: 07/08/1997)

July 3, 1997
25

AFFIDAVIT of Deric F. Tipton, Esq. by Lemuel Middleton and class plaintiffs re: [23−1] motion to compel disclosure of electronic human resources data. (crb) (Entered: 07/08/1997)

July 3, 1997
25

DECLARATION of Tiffany Capers by Lemuel Middleton and class members re: [23−1] motion to compel disclosure of electronic human resources data. (crb) (Entered: 07/08/1997)

July 3, 1997
25

DECLARATION of Anthony Kearney by Lemuel Middleton and class plaintiffs re: [23−1] motion to compel disclosure of electronic human resources data. (crb) (Entered: 07/08/1997)

July 3, 1997
26

MEMORANDUM by Publix Super Market in opposition to [23−1] motion to compel disclosure of electronic human resources data. Attachments. (crb) (Entered: 07/15/1997)

July 14, 1997
27

NOTICE of filing declaration of Kelly Williams 28 by Publix Super Market. (crb) (Entered: 07/17/1997)

July 16, 1997
28

DECLARATION of Kelly Williams by Publix Super Market re: [26−1] memorandum in opposition to plaintiffs' motion to compel. (crb) (Entered: 07/17/1997)

July 16, 1997
29

SUPPLEMENTAL [23−1] motion (supplemental) to compel disclosure of electronic human resources data by Lemuel Middleton and class plaintiffs referred to Mag. Judge Thomas B. McCoun III. Attachment. (crb) (Entered: 08/05/1997)

Aug. 4, 1997
30

NOTICE of hearing: setting hearing for 2:00 p.m. on 8/21/97 re: [29−1] supplemental motion to compel disclosure of electronic human resources data and [23−1] motion to compel disclosure of electronic human resources data; scheduled for Mag. Judge Thomas B. McCoun III ctc (crb) (Entered: 08/06/1997)

Aug. 5, 1997
31

MOTION by Lemuel Middleton and class plaintiffs with memorandum in support to amend and modify [15−1] order of 05/08/97 governing class certification schedule (crb) (Entered: 08/11/1997)

Aug. 8, 1997
32

EMERGENCY MOTION by Lemuel Middleton and class plaintiffs with memorandum in support to modify order 15 dated 05/08/97 governing class certification schedule (crb) (Entered: 08/13/1997)

Aug. 13, 1997
34

MOTION by Lemuel Middleton and class plaintiffs to compel responses to first request for production referred to Mag. Judge Thomas B. McCoun III. Attachments. (crb) (Entered: 08/15/1997)

Aug. 15, 1997
35

MOTION by Publix Super Market with memorandum in support to compel compliance with subpoena referred to Mag.Judge Thomas B. McCoun III. Exhibits attached. (gw) (Entered: 08/19/1997)

Aug. 15, 1997
36

MOTION by Publix Super Market with memorandum in support to compel to comply with discovery requests referred to Mag.Judge Thomas B. McCoun III. Appendix and exhibits attached. (gw) (Entered: 08/19/1997)

Aug. 15, 1997
37

RESPONSE by Publix Super Market to [29−1] supplemental motion (supplemental) to compel disclosure of electronic human resources data. Exhibit attached. (gw) (Entered: 08/19/1997)

Aug. 15, 1997
38

NOTICE of filing by Publix Super Market. Exhibit attached. (gw) (Entered: 08/19/1997)

Aug. 15, 1997
39

RESPONSE by Publix Super Market to [32−1] plaintiffs' motion to modify order 15 dated 05/08/97 governing class certification schedule and [31−1] motion to amend and modify [15−1] order of 05/08/97 governing class certification schedule. (crb) (Entered: 08/21/1997)

Aug. 20, 1997
40

NOTICE of filing original subpoena duces tecum directed to United Food and Commercial Workers by Publix Super Market. (crb) (Entered: 08/21/1997)

Aug. 20, 1997
41

NOTICE of filing declaration of David Kuncicky by Lemuel Middleton and class plaintiffs. (crb) (Entered: 08/22/1997)

Aug. 21, 1997
41

DECLARATION of David Kuncicky by Lemuel Middleton and class plaintiffs re: [23−1] plaintiffs motion to compel disclosure of electronic human resources data. Attachments. (crb) (Entered: 08/22/1997)

Aug. 21, 1997
42

MINUTE ENTRY: Hearing held on plaintiffs' motion to compel electronic data on 08/21/97 before Magistrate Judge Thomas McCoun. Court Reporter: Tape 104, 2627 − 7360 (crb) (Entered: 08/22/1997)

Aug. 21, 1997

Motion hearing held on 08/21/97 re: [23−1] plaintiffs' motion to compel disclosure of electronic human resources data (crb) (Entered: 08/22/1997)

Aug. 21, 1997
43

MEMORANDUM by Publix Super Market in opposition to [34−1] plaintiffs' motion to compel responses to first request for production. Attachments. 09/09/97 See corrected copy. (crb) Modified on 09/10/1997 (Entered: 08/25/1997)

Aug. 22, 1997
44

STIPULATION of dismissal with prejudice as to all claims of John Kee against Publix Super Market; each party to bear own costs. (crb) (Entered: 08/26/1997)

Aug. 25, 1997
45

STIPULATION of dismissal with prejudice of all claims of Laswanya Jackson against Publix Super Market; each party to bear own costs. (crb) (Entered: 08/26/1997)

Aug. 25, 1997
46

EMERGENCY MOTION by Publix Super Market with memorandum in support for protective order regarding plaintiff's notice of deposition set for 09/03/97 referred to Mag. Judge Thomas B. McCoun III (crb) (Entered: 08/28/1997)

Aug. 27, 1997
47

ORDER that all deadlines set by order of 05/09/97 shall be extended by 30 days; granting [20−1] parties' joint motion for leave to complete expert discovery on class certification after cutoff; denying [31−1] plaintiff's motion to modify order 15 dated 05/08/97 governing class certification schedule and [32−1] emergency motion concerning scheduling; reset filing deadline for motion for class certification for 10/30/97 ; reset discovery on class certification due for 10/15/97 ; reset preliminary pretrial conference for 9:00 a.m. on 12/12/97; scheduled for Judge Henry L. Adams Jr. ( Signed by Judge Henry L. Adams Jr. ) ctc (crb) (Entered: 08/28/1997)

Aug. 27, 1997
48

NOTICE of filing expert report in declaration of David W. Rasmussen 49 by Lemuel Middleton and class plaintiffs. (crb) (Entered: 08/28/1997)

Aug. 27, 1997
48

DECLARATION of David W. Rasmussen, expert's report, by Lemuel Middleton and class plaintiffs. (crb) Modified on 09/12/1997 (Entered: 08/28/1997)

Aug. 27, 1997
49

RESPONSE by Lemuel Middleton and class plaintiffs to [36−1] defendant's motion to compel. Attachments. (crb) Modified on 09/12/1997 (Entered: 08/28/1997)

Aug. 28, 1997
50

MOTION by Lemuel Middleton and class plaintiffs to file response 29 to motion to compel out of time referred to Mag. Judge Thomas B. McCoun III. (crb) Modified on 09/12/1997 (Entered: 08/28/1997)

Aug. 28, 1997
51

RESPONSE by United Food Union to [35−1] defendant's motion to compel compliance with subpoena. Attachments. (crb) Modified on 09/12/1997 (Entered: 09/03/1997)

Sept. 2, 1997
52

APPLICATION of Non−Resident Counsel, Jeffrey R. Freund, and Designation of Local Counsel, Howard S. Susskind, on behalf of United Food Union (crb) Modified on 09/12/1997 (Entered: 09/03/1997)

Sept. 2, 1997
53

ORDER denying [46−1] defendant's emergency motion for protective order. ( Signed by Mag. Judge Thomas B. McCoun III ) ctc (crb) Modified on 09/12/1997 (Entered: 09/04/1997)

Sept. 3, 1997

ENDORSED ORDER granting [50−1] plaintiffs' motion to file response 49 to motion to compel out of time. ( Signed by Mag. Judge Thomas B. McCoun III ) ctc (crb) Modified on 09/12/1997 (Entered: 09/04/1997)

Sept. 3, 1997
54

RESPONSE by Lemuel Middleton and class plaintiffs to [46−1] motion for protective order regarding plaintiff's notice of deposition set for 09/03/97 (crb) Modified on 09/12/1997 (Entered: 09/04/1997)

Sept. 4, 1997
55

NOTICE of filing corrected copy of memorandum in opposition to motion to compel responses to request for production 43 by Publix Super Market. Attachments. (crb) Modified on 09/12/1997 (Entered: 09/10/1997)

Sept. 9, 1997
56

ORDER granting in part, denying in part [35−1] defendant's motion to compel compliance with subpoena. ( Signed by Mag.Judge Thomas B. McCoun III ) ctc (crb) Modified on 09/17/1997 (Entered: 09/16/1997)

Sept. 15, 1997
57

ORDER granting in part, denying in part [36−1] defendant's motion to compel to comply with discovery requests. ( Signed by Mag. Judge Thomas B. McCoun III ) ctc (crb) Modified on 09/17/1997 (Entered: 09/16/1997)

Sept. 15, 1997
58

ORDER granting [23−1] plaintiffs' motion to compel disclosure of electronic human resources data; defendant shall comply accordingly; granting [29−1] supplemental motion to compel disclosure of electronic human resources data; granting in part, denying in part [34−1] plaintiffs' motion to compel responses to first request for production; defendant shall produce as directed within 25 days. ( Signed by Mag. Judge Thomas B. McCoun III ) ctc (crb) Modified on 09/17/1997 (Entered: 09/16/1997)

Sept. 15, 1997
59

MOTION by Lemuel Middleton and class plaintiffs with memorandum in support to compel compliance with notice of deposition of a witness about the Jacksonville Warehouse and Distribution Center operations referred to Mag. Judge Thomas B. McCoun III. Attachments. (crb) Modified on 09/17/1997 (Entered: 09/16/1997)

Sept. 15, 1997
60

CERTIFICATE AFFIDAVIT report of Kent Spriggs, Esq. on behalf of Lemuel Middleton and class plaintiffs re: [59−1] motion to compel compliance with notice of deposition of a witness about the Jacksonville Warehouse and Distribution Center operations; parties are unable to agree on a resolution of this motion. (crb) (Entered: 09/18/1997)

Sept. 18, 1997
61

RESPONSE by Publix Super Market to [59−1] motion to compel compliance with notice of deposition of a witness about the Jacksonville Warehouse and

Sept. 22, 1997
62

NOTICE that the report of plaintiffs' expert is complete Lemuel Middleton and class plaintiffs. (crb) (Entered: 09/29/1997)

Sept. 26, 1997
63

MOTION by Lemuel Middleton and class plaintiffs with memorandum in support to quash notice of deposition of Richard Johnson for 10/14/97 and subpoena referred to Mag. Judge Thomas B. McCoun III. Attachments. (crb) (Entered: 10/02/1997)

Oct. 2, 1997
64

EMERGENCY MOTION by Lemuel Middleton and class plaintiffs with memorandum in support for protective order regarding the deposition of Dr. David Kuncicky, expert witness, set for 10/14/97 referred to Mag. Judge Thomas B. McCoun III. Attachments. (crb) (Entered: 10/06/1997)

Oct. 6, 1997
65

NOTICE of filing Rule 3.01(g) certificate re: emergency motion for protective order 64 by Lemuel Middleton and class plaintiffs. (crb) (Entered: 10/06/1997)

Oct. 6, 1997
66

EXCERPT of TRANSCRIPT OF PROCEEDINGS on pending motions heard on 09/10/97 before Magistrate Judge Thomas B. McCoun III. (crb) (Entered: 10/07/1997)

Oct. 7, 1997
67

RESPONSE by Publix Super Market to [64−1] plaintiffs' emergency motion for protective order regarding the deposition of expert Dr. David Kuncicky. (crb) (Entered: 10/07/1997)

Oct. 7, 1997
68

MOTION by Lemuel Middleton and class plaintiffs for leave to file memorandum in support of class certification in excess of page limit ; defendant indicates no objection. (crb) (Entered: 10/08/1997)

Oct. 8, 1997

ENDORSED ORDER granting [64−1] plaintiffs' emergency motion for protective order regarding the deposition of Dr. David Kuncicky, expert witness, set for 10/14/97. ( Signed by Mag. Judge Thomas B. McCoun III ) ctc (crb) (Entered: 10/09/1997)

Oct. 8, 1997
69

SUPPLEMENT to [63−1] plaintiffs' motion to quash the deposition of Richard Johnson supplement to motion to quash by Lemuel Middleton and class plaintiffs referred to Mag. Judge Thomas B. McCoun III. Attachments. (crb) (Entered: 10/10/1997)

Oct. 10, 1997
70

AMENDED filing of rule 3.01(g) certificate regarding supplement to motion to quash 69 by Lemuel Middleton and class plaintiffs. (crb) (Entered: 10/10/1997)

Oct. 10, 1997
71

RESPONSE by Publix Super Market to [63−1] emergency motion to quash notice of deposition of Richard Johnson for 10/14/97 and subpoena. Exhibits attached. (gw) (Entered: 10/10/1997)

Oct. 10, 1997
72

EMERGENCY MOTION by Publix Super Market with memorandum in support for leave to continue attempts at service of subpoena duces tecum for deposition on Steve Marrs referred to Mag. Judge Thomas B. McCoun III. Attachments. (crb) (Entered: 10/14/1997)

Oct. 14, 1997
73

ORDER granting in part, denying in part [63−1] plaintiffs' emergency motion to quash notice of deposition of Richard Johnson for 10/14/97 and subpoena, as supplemented [69−1]; the deposition of Mr. Johnson may proceed. ( Signed by Mag. Judge Thomas B. McCoun III ) ctc (crb) (Entered: 10/15/1997)

Oct. 14, 1997
74

EMERGENCY JOINT MOTION by Lemuel Middleton and class plaintiff and defendant Publix Super Market to modify the case management order (crb) (Entered: 10/21/1997)

Oct. 17, 1997

SEALED DOCUMENT. S− 1 (crb) (Entered: 10/21/1997)

Oct. 20, 1997
75

ORDER granting [68−1] plaintiff's motion for leave to file memorandum in support of class certification in excess of page limit. ( Signed by Judge Henry L. Adams Jr. ) ctc (crb) (Entered: 10/21/1997)

Oct. 20, 1997
77

ORDER granting [74−1] parties' joint motion to modify the case management order. ( Signed by Judge Henry L. Adams Jr. ) ctc (crb) (Entered: 10/24/1997)

Oct. 23, 1997

FAXED order 77 to Dinita L. James and Kent Spriggs as per Law Clerk (crb) (Entered: 10/24/1997)

Oct. 23, 1997
78

STIPULATION of dismissal with prejudice of claims of plaintiff Madeline Riley by Lemuel Middleton and class plaintiffs and defendant Publix Super Market. Each side to bear its own costs. (crb) (Entered: 10/29/1997)

Oct. 27, 1997
79

NOTICE of hearing: motions hearing set for 10:00 11/7/97 for [76−1] motion to compel Richard Johnson to answer deposition questions and [76−2] motion to compel production of subpoenaed documents along with notice of filing privilege log and documents under seal; Scheduled for Mag. Judge Thomas B. McCoun III ctc (crb) (Entered: 10/30/1997)

Oct. 29, 1997
80

MOTION by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, David Kee, Byron Williams, Victor Kee, Andrew Lovett, Sherria Campbell, Charles Jackson for class certification (crb) (Entered: 10/30/1997)

Oct. 30, 1997
81

MEMORANDUM of points and authorities by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, David Kee, Byron Williams, Victor Kee, Andrew Lovett, Sherria Campbell, Charles Jackson in support of [80−1] motion for class certification. (crb) (Entered: 10/30/1997)

Oct. 30, 1997
82

REQUEST for judicial notice by Lemuel Middleton and class plaintiffs. (crb) (Entered: 10/30/1997)

Oct. 30, 1997
83

NOTICE of filing evidentiary materials in support of motion for class certification by Lemuel Middleton and class plaintiffs. Volumes I, II and III stored in expandable folders. (crb) (Entered: 10/30/1997)

Oct. 30, 1997

State / Territory: Florida

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Private Employment Class Actions

Key Dates

Filing Date: April 4, 1997

Closing Date: 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Each of the Plaintiffs in the class is a black applicant for employment, black employee, or black former employee of Publix Super Markets, Inc.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Publix Super Markets, Inc. (Lakeland, Polk), Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

42 U.S.C. § 1981

State law

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2001 - 2008

Content of Injunction:

Other requirements regarding hiring, promotion, retention

Implement complaint/dispute resolution process

Utilize objective hiring/promotion criteria

Issues

General:

Disparate Impact

Disparate Treatment

Pattern or Practice

Retaliation

Discrimination-area:

Demotion

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Hiring

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

Promotion

Discrimination-basis:

Race discrimination

Race:

Black