Case: Dorman v. Winn-Dixie Stores, Inc.

3:99-cv-00722 | U.S. District Court for the Middle District of Florida

Filed Date: July 16, 1999

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On June 27, 1996, former and current female and African American supermarket employees filed a class action against Winn-Dixie Montgomery, Inc. pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et seq. and 42 U.S.C. § 1981 ("§ 1981 "). This action, Kircus v. Winn-Dixie Montgomery, Inc., ("WDM") was brought in the U.S. District Court for the Northern District of Alabama. On October 16, 1996, additional employees moved to intervene. Their motion was denied, b…

On June 27, 1996, former and current female and African American supermarket employees filed a class action against Winn-Dixie Montgomery, Inc. pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et seq. and 42 U.S.C. § 1981 ("§ 1981 "). This action, Kircus v. Winn-Dixie Montgomery, Inc., ("WDM") was brought in the U.S. District Court for the Northern District of Alabama. On October 16, 1996, additional employees moved to intervene. Their motion was denied, but contemporaneously, the District Court ordered it to be filed as a separate action and consolidated with the Kircus action. The consolidated actions alleged that WDM had engaged in a policy, pattern or practice of discrimination on the basis of gender and/or race against the Plaintiffs in initial and subsequent job assignments and store assignments, hours, training, education, skills and career development, performance appraisals, promotions, transfers, full-time status, compensation, discharge, discipline and other benefits and conditions of employment. The consolidated actions further alleged that WDM had engaged in a pattern or practice of harassing and retaliating against female and African-American associates who protested against such alleged conduct.

Following a period of mediation and negotiation, a new complaint was filed in this action in the U.S. District Court for the Middle District of Florida, Jacksonville Division, on July 16, 1999 against Winn-Dixie Stores, Inc. ("WDS") which is located in Jacksonville, Florida and thus subject to that court's jurisdiction; all of the Winn-Dixie retail operating companies also consented to such jurisdiction solely for purposes of the resolution of this action. The complaint filed with the Middle District Court is not available.

In October 1997, Plaintiffs and WDM began Court-ordered mediation These efforts ultimately resulted in an agreement to expand and to settle this action in the District Court for the Middle District of Florida, Jacksonville Division.

On January 27, 2000, the Court (Judge Ralph W. Nimmons, Jr.) approved a Consent Decree which provided monetary, equitable, and/or declaratory relief to certain qualifying Class Representatives, as well as general injunctive relief.

On February 23, 2007, the Court (Judge Virginia M. Hernandez) issued an Order granting a joint motion to extend the Consent Decree. On June 27, 2007, Judge Hernandez approved an Amended Consent Decree to extend the terms of that initial settlement.

Summary Authors

Robert Routh (7/20/2010)

People


Judge(s)

Covington, Virginia Maria Hernandez (Florida)

Nimmons, Ralph Wilson Jr. (Florida)

Richardson, Monte C. (Florida)

Steele, John E. (Florida)

Attorneys(s) for Plaintiff

Ashe, R. Lawrence Jr. (Georgia)

Childs, Robert F. Jr. (Alabama)

Ingham, Linda Cobb (Florida)

Kuykendall, Frederick T III (Alabama)

McGowan, Candis A (Alabama)

Robertson, Ann C (Alabama)

Judge(s)

Covington, Virginia Maria Hernandez (Florida)

Nimmons, Ralph Wilson Jr. (Florida)

Richardson, Monte C. (Florida)

Steele, John E. (Florida)

Attorneys(s) for Plaintiff

Ashe, R. Lawrence Jr. (Georgia)

Childs, Robert F. Jr. (Alabama)

Ingham, Linda Cobb (Florida)

Kuykendall, Frederick T III (Alabama)

McGowan, Candis A (Alabama)

Robertson, Ann C (Alabama)

Vince, Katherine D (Florida)

Whatley, Joe R. Jr. (New York)

Wiggins, Robert L Jr. (Alabama)

Attorneys(s) for Defendant

Abbot, Richard Taylor Jr. (Alabama)

DeVault, John Andrew III (Florida)

Gardner, William F. (Alabama)

Rafuse, Nancy E. (Georgia)

Other Attorney(s)

Pegg, Barbara Slott (Florida)

Winicki, Robert J (Florida)

Documents in the Clearinghouse

Document

3:99-cv-00722

Docket

July 24, 2007

July 24, 2007

Docket
2

3:99-cv-00722

Proposed/Initial Consent Decree

July 16, 1999

July 16, 1999

Settlement Agreement
23

3:99-cv-00722

Order denying Motion to Intervene

Sept. 1, 1999

Sept. 1, 1999

Order/Opinion
53

3:99-cv-00722

Order denying Amended Motion to Intervene

Nov. 18, 1999

Nov. 18, 1999

Order/Opinion
81

3:99-cv-00722

Final Consent Decree

Jan. 27, 2000

Jan. 27, 2000

Settlement Agreement
99

3:99-cv-00722

Amended Consent Decree

June 27, 2007

June 27, 2007

Settlement Agreement

Docket

Last updated Aug. 31, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed (ejw) (Entered: 07/19/1999)

July 16, 1999

July 16, 1999

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: John E. Steele (ejw) (Entered: 07/19/1999)

July 16, 1999

July 16, 1999

FILING FEE PAID. ( Filing Fee $ 150.00 Receipt # 29798) (ejw) (Entered: 07/19/1999)

July 16, 1999

July 16, 1999

2

CONSENT DECREE by Sandi Dorman, Pamela Briggs, et al, Winn−Dixie Stores, Winn−Dixie Charlotte, et al (ejw) Modified on 07/19/1999 (Entered: 07/19/1999)

July 16, 1999

July 16, 1999

Notice sent to plaintiff's counsel re compliance with Local Rule 1.06. (ejw) (Entered: 07/19/1999)

July 19, 1999

July 19, 1999

3

SCHEDULING NOTICE: set status conference for 3:00 7/27/99, Scheduled for Judge Ralph W. Nimmons Jr. (signed by deputy clerk) ctc (slc) (Entered: 07/19/1999)

July 19, 1999

July 19, 1999

4

MINUTE ENTRY: status conference held on 7/27/99 before Judge Ralph W. Nimmons; Court Reporter: Marie Splane. Parties joint notice of proposed class action settlement and consent decree received as joint exhibit 1; parties joint stipulation of proposed settlement and order of preliminary approval of proposed consent decree received as joint exhibit 2; the court will take under advisement. Order to enter. (slc) Modified on 07/28/1999 (Entered: 07/28/1999)

July 27, 1999

July 27, 1999

5

AMENDED COMPLAINT and demand for jury trial; injunctive relief sought, by Sandi Dorman, Pamela Briggs, Yolanda Thomas, Mary McGahee, Barbara Mitchell, Ambrose Dancy, Terry Wyatt, Angela Kircus, Angela Hubbard, Tamrah Harris, Marvin Brown, Henry Dubose, Ranoldo Boston (amending [1−1] complaint by adding plaintiff Ranoldo Boston) (filed in open court) (slc) Modified on 07/28/1999 (Entered: 07/28/1999)

July 27, 1999

July 27, 1999

6

MOTION by Sandi Dorman, et al. with memorandum in support for admission for Robert F. Childs, Jr., Ann C. Robertson, Frederick T. Kuykendall, III, Candis McGowan, and Joe R. Whatley, Jr. to appear pro hac vice referred to Magistrate Judge John E. Steele (slc) (Entered: 07/28/1999)

July 27, 1999

July 27, 1999

Status conference held (slc) (Entered: 07/28/1999)

July 27, 1999

July 27, 1999

7

NOTICE of designation under Local Rule 3.05 − TRACK 2. (ctc) (def) (Entered: 07/29/1999)

July 29, 1999

July 29, 1999

8

ORDER granting [6−1] motion for admission for Robert F. Childs, Jr., Ann C. Robertson, Frederick T. Kuykendall, III, Candis McGowan, and Joe R. Whatley, Jr. to appear pro hac vice ( Signed by Judge Ralph W. Nimmons Jr. ) ctc (slc) (Entered: 08/03/1999)

Aug. 2, 1999

Aug. 2, 1999

9

MOTION to intervene as a party plaintiff as a matter of right by Yolanda Flynn (slc) (Entered: 08/03/1999)

Aug. 3, 1999

Aug. 3, 1999

10

STIPULATION of proposed settlement and order of preliminary approval of proposed consent decree by parties (slc) (Entered: 08/04/1999)

Aug. 4, 1999

Aug. 4, 1999

11

ORDER of Preliminary Approval of Proposed Consent Decree: the [2−1] consent decree and the settlement it embodies are hereby preliminarily approved; final approval and entry of the consent decree is subject to a fairness hearing related to any objections of members of the settlement class to the proposed settlement embodied in the consent decree; pending the determination of the fairness of the consent decree, all discovery and other pretrial proceedings and deadlines in this action including, but not limited to, the filing of an answer and/or responsive pleading, are hereby stayed; for purposed of settlement as set forth in the consent decree and the accompanying notice, the court hereby certifies this action as a class action; the settlement classes shall consist of employees who have worked on or after 6/23/93 as indicated in the court's order; within 30 days of the entry of this order, WDS shall begain publication of the notice attached hereto as exhibit A in the newspapers identified in exhibit B; within 30 days of the entry of this order, the company shall begin distributing the notice attached hereto as exhibit A, the claim forms, and instructions attached thereto as exhibit c with a return addressed and pre−paid postage envelope; eligible members of the settlement class shall have until 11/2/99 (the "form filing deadline"), within which to complete and transmit their claim form so that it is received by Winn−Dixie Class Action Settlement Director, c/o First Union Claim Track Services Group, 774 State Rd. 13, Suite 13, Jacksonville, Florida 32259, on or before that form filing deadline date; failure to have a completed claim form received by the form filing deadline shall bar any settlement class member from receiving a Pool A award pursuant to the proposed consent decree; settlement class members who do not file timely and valid claim forms shall nonetheless be bound by the terms of the proposed consent decree; a fairness hearing shall be held at 9:30 a.m. on 12/21/99, in courtroom 2, Jacksonville, FL, at which time the court shall consider the fairness of the consent decree and decide whether it should be given final approval and entered by the court; any member of the settlement class may object to the proposed consent decree by filing an objection, and may appear at the fairness hearing; any objections to the proposed consent decree must be filed with the office of the Clerk of the US District Court on or before 11/2/99; plaintiffs and WDS shall serve on each other and file with the clerk of the court, on or before 3 days prior to the fairness hearing, any further documents in support of the proposed consent decree, class members who wish to exclude themselves from membership in the settlement class for purposes of participation in the monetary portion of the settlement must do so in writing by filing with the clerk of court a signed and dated handwritten "opt−out" statement on or before the cutoff date of 11/2/99; in the event that 500 or more potential members of the settlement class timely file opt−out statements requesting to be excluded from participation in the monetary portion of the settlement, WDS may, at its sole option, void the proposed consent decree; in such event, WDS must exercise its option to void the proposed consent decree no later than 10 days after the deadline for filing opt−outs, by notifying class counsel and the court of its decision to void the decree; the 9 named plaintiffs in Nesbit, et al. v. Winn−Dixie Raleigh, Inc. (5:98−CV−502−H3, USDC, EDNC, Western Div.), shall not be counted for purposes of the calculations under this paragraph or the deductions under the opt−out monetary reduction provision of the decree (see order for additional information) (Signed by Judge Ralph W. Nimmons Jr.) ctc (slc) Modified on 08/05/1999 (Entered: 08/05/1999)

Aug. 4, 1999

Aug. 4, 1999

11

ORDER: set fairness hearing on 12/21/99 9:30, Scheduled for Judge Ralph W. Nimmons Jr. (Signed by Judge Ralph W. Nimmons Jr. ) ctc (slc) (Entered: 08/05/1999)

Aug. 4, 1999

Aug. 4, 1999

12

MOTION by Yolanda Flynn to correct notice and claim forms with respect to the monetary relief settlement classes certified by this court (RETURNED pursuant to court order #25) (slc) Modified on 09/16/1999 (Entered: 08/13/1999)

Aug. 12, 1999

Aug. 12, 1999

13

STIPULATED MOTION by Winn−Dixie Stores, et al. with memorandum in support to amend exhibits to [10−1] order of preliminary approval of proposed consent decree (stipulated) (slc) (Entered: 08/13/1999)

Aug. 12, 1999

Aug. 12, 1999

14

MOTION by Sandi Dorman, et al. with memorandum in support for extension of time to file response to motion to intervene of Yolanda Flynn as a party plaintiff referred to Magistrate Judge John E. Steele (slc) (Entered: 08/14/1999)

Aug. 13, 1999

Aug. 13, 1999

15

UNOPPOSED MOTION by Winn−Dixie Stores, et al. with memorandum in support for enlargement of time to respond to motion to intervene referred to Magistrate Judge John E. Steele (slc) (Entered: 08/16/1999)

Aug. 13, 1999

Aug. 13, 1999

16

ORDER granting plaintiff's [14−1] motion for extension of time to file response to motion to intervene of Yolanda Flynn as a party plaintiff; granting defendant's [15−1] motion for enlargement of time to respond to motion to intervene; Plaintiff's Response to motion reset to 8/20/99 for [9−1] motion to intervene as a party plaintiff as a matter of right by Yolanda Flynn ; defendant's response to Motion to Intervene of Yolanda Flynn is due 8/23/99 ( Signed by Magistrate Judge John E. Steele ) ctc (def) (Entered: 08/17/1999)

Aug. 17, 1999

Aug. 17, 1999

17

RESPONSE by Sandi Dorman, Pamela Briggs, Yolanda Thomas, et al., in opposition to [9−1] motion to intervene as a party plaintiff as a matter of right by Yolanda Flynn (mfk) (Entered: 08/20/1999)

Aug. 20, 1999

Aug. 20, 1999

18

OPPOSITION RESPONSE by Winn−Dixie Stores, et al. to [9−1] motion to intervene as a party plaintiff as a matter of right of Yolanda Flynn as a party plaintiff (slc) (Entered: 08/24/1999)

Aug. 23, 1999

Aug. 23, 1999

19

REPLY RESPONSE by Winn−Dixie Stores, et al. to Yolanda Flynn's [12−1] motion to correct notice and claim forms with respect to the monetary relief settlement classes certified by this court (slc) (Entered: 08/25/1999)

Aug. 24, 1999

Aug. 24, 1999

20

JOINT MOTION and memorandum by Winn−Dixie Stores, et al. to correct clerical errors (joint) (slc) Modified on 08/25/1999 (Entered: 08/25/1999)

Aug. 24, 1999

Aug. 24, 1999

Motion(s) referred: [9−1] motion to intervene as a party plaintiff as a matter of right by Yolanda Flynn referred to Magistrate Judge John E. Steele per law clerk (slc) (Entered: 08/25/1999)

Aug. 25, 1999

Aug. 25, 1999

RECEIVED amended order of preliminary approval of proposed consent decree (slc) (Entered: 08/27/1999)

Aug. 27, 1999

Aug. 27, 1999

21

AMENDED ORDER of Preliminary Approval of Proposed Consent Decree: amends [11−1] order of 8/4/99 (see order for additional information) (Signed by

Aug. 27, 1999

Aug. 27, 1999

23

ORDER denying Yolanda Flynn's [9−1] motion to intervene as a party plaintiff as a matter of right (Signed by Magistrate Judge John E. Steele ) ctc (slc) (Entered: 09/01/1999)

Sept. 1, 1999

Sept. 1, 1999

24

APPEAL of Magistrate Judge ruling re: [23−1] order to District Court filed by Yolanda Flynn . (jec) (Entered: 09/07/1999)

Sept. 7, 1999

Sept. 7, 1999

25

ORDER that the clerk is directed to return pleadings #12 and #22 to the submitting counsel or party. ( Signed by Judge Ralph W. Nimmons Jr. ) ctc (mk) (Entered: 09/16/1999)

Sept. 9, 1999

Sept. 9, 1999

26

MOTION by Sandi Dorman, et al. to strike [22−1] opposition to joint motion to correct clerical errors referred to Magistrate Judge John E. Steele (seg) Modified on 09/17/1999 (Entered: 09/17/1999)

Sept. 13, 1999

Sept. 13, 1999

27

UNOPPOSED MOTION by Winn−Dixie Stores, et al. with memorandum in support for enlargement of time to respond to Yolanda Flynn's Rule 72 objections to Magistrate Judge Steele's denial of her motion to intervene (unopposed) (slc) (Entered: 09/20/1999)

Sept. 17, 1999

Sept. 17, 1999

28

UNOPPOSED MOTION by Sandi Dorman, et al. with memorandum in support for extension of time to file response to Yolanda Flynn's Rule 72 objections to Magistrate Judge Steele's denial of her motion to intervene (unopposed) (slc) (Entered: 09/20/1999)

Sept. 17, 1999

Sept. 17, 1999

29

MOTION by Sandi Dorman, et al. to strike Yolanda Flynn's Rule 72 objections to Magistrate Judge Steele's denial of her motion to intervene (slc) (Entered: 09/21/1999)

Sept. 20, 1999

Sept. 20, 1999

30

UNOPPOSED MOTION by Winn−Dixie Stores, et al. for enlargement of time to complete the initial distribution of notice and provide court with notice of compliance with notice procedure (unopposed) (slc) (Entered: 09/21/1999)

Sept. 20, 1999

Sept. 20, 1999

31

ORDER granting [27−1] motion for enlargement of time to respond to Yolanda Flynn's Rule 72 objections to Magistrate Judge Steele's denial of her motion to intervene, and granting [28−1] motion for extension of time to file response to Yolanda Flynn's Rule 72 objections to Magistrate Judge Steele's denial of her motion to intervene; the parties shall file their responses to Flynn's objections by 9/30/99 (Signed by Judge Ralph W. Nimmons Jr. ) ctc (slc) (Entered: 09/21/1999)

Sept. 21, 1999

Sept. 21, 1999

32

OPPOSITION RESPONSE by Yolanda Flynn to [29−1] motion to strike her Rule 72 objections (slc) (Entered: 09/27/1999)

Sept. 23, 1999

Sept. 23, 1999

33

OPPOSITION RESPONSE by Yolanda Flynn to [26−1] motion to strike her [22−1] opposition memorandum (slc) (Entered: 09/27/1999)

Sept. 23, 1999

Sept. 23, 1999

34

ORDER granting defendants' [30−1] unopposed motion for enlargement of time to complete the initial distribution of notice and provide court with notice of compliance with notice procedure; the deadlines set forth in paragraph 7 of the [21−1] amended order of preliminary approval of proposed consent decree are extended such the initial distribution of the notice shall be completed by 10/8/99, and notice to the court of compliance with the notice procedures shall be made by 10/18/99 ( Signed by Judge Ralph W. Nimmons Jr. ) ctc (slc) Modified on 09/27/1999 (Entered: 09/27/1999)

Sept. 27, 1999

Sept. 27, 1999

OPT−OUT Statements are maintained by the Clerk in a separate folder as a permanent part of the case file, but are not entered on the docket individually. (spw) (Entered: 10/26/1999)

Sept. 27, 1999

Sept. 27, 1999

35

ORDER mooting plaintiff's [26−1] motion to strike Yolanda Flynn's [22−1] opposition to joint motion to correct clerical errors, as the [22−1] opposition response was stricken and returned to counsel per order #25 (Signed by Magistrate Judge John E. Steele) ctc (slc) (Entered: 09/30/1999)

Sept. 29, 1999

Sept. 29, 1999

37

JOINT EMERGENCY MOTION by plaintiffs and defendants to approve modified notice (emergency) (slc) (Entered: 09/30/1999)

Sept. 30, 1999

Sept. 30, 1999

38

RESPONSE by plaintiffs to Yolanda Flynn's [24−1] Rule 72 objections to Magistrate Judge Steele's denial of her motion to intervene (slc) (Entered: 10/01/1999)

Sept. 30, 1999

Sept. 30, 1999

39

ORDER granting [37−1] joint motion to approve modified notice and the proposed modification is approved. ( Signed by Judge Ralph W. Nimmons Jr. ) ctc (mfk) (Entered: 10/04/1999)

Oct. 4, 1999

Oct. 4, 1999

40

Amended [9−1] motion to intervene by Yolanda Flynn as a party plaintiff as a matter of right (amended) by Yolanda Flynn referred to Magistrate Judge John E. Steele (mfk) (Entered: 10/09/1999)

Oct. 8, 1999

Oct. 8, 1999

41

NOTICE of completion of notice procedures set forth in Court's Amended Order of preliminary approval of proposed consent decree, by Winn−Dixie Stores, Winn−Dixie Charlotte, Winn−Dixie Raleigh, et al. (spw) (Entered: 10/21/1999)

Oct. 18, 1999

Oct. 18, 1999

42

RESPONSE by Winn−Dixie Stores, Winn−Dixie Charlotte, Winn−Dixie Raleigh, et al. in opposition to [40−1] amended motion to intervene by Yolanda Flynn as a party plaintiff as a matter of right (seg) (Entered: 10/27/1999)

Oct. 25, 1999

Oct. 25, 1999

43

RESPONSE by Sandi Dorman, Pamela Briggs, Yolanda Thomas, et al. to [40−1] amended motion to intervene by Yolanda Flynn as a party plaintiff as a matter of right (seg) Modified on 10/28/1999 (Entered: 10/27/1999)

Oct. 25, 1999

Oct. 25, 1999

44

OBJECTION to the proposed decree, by Wesley E. McCall Jr. (spw) (Entered: 10/27/1999)

Oct. 25, 1999

Oct. 25, 1999

45

OBJECTION by Yolanda Flynn to proposed settlement (slc) (Entered: 11/02/1999)

Nov. 1, 1999

Nov. 1, 1999

46

OBJECTION to the proposed decree by Jason J. Mitchell (slc) (Entered: 11/02/1999)

Nov. 2, 1999

Nov. 2, 1999

47

SCHEDULING NOTICE of Hearing: hearing set for 2:15 11/12/99 for [24−1] appeal of magistrate judge's ruling denying Yolanda Flynn's motion to intervene as a party plaintiff, and for [40−1] amended motion to intervene by Yolanda Flynn as a party plaintiff as a matter of right; Scheduled for Judge Ralph W. Nimmons Jr. ctc (slc) (Entered: 11/08/1999)

Nov. 8, 1999

Nov. 8, 1999

48

SUPPLEMENT to the [45−1] objection of Yolanda Flynn to proposed settlement (slc) (Entered: 11/09/1999)

Nov. 9, 1999

Nov. 9, 1999

49

MINUTE ENTRY: Appeal of magistrate's ruling denying Yolanda Flynn's motion to intervene as a party plaintiff and amended motion to intervene held on 11/12/99 before Judge Ralph W. Nimmons ref: motion to intervene, amended motion to Court Reporter: Marie Splane (mk) (Entered: 11/16/1999)

Nov. 12, 1999

Nov. 12, 1999

50

NOTICE of filing (document entitled General Information) by plaintiffs (slc) (Entered: 11/17/1999)

Nov. 17, 1999

Nov. 17, 1999

51

Notice of Filing AFFIDAVIT and Exhibit of Kenneth G. Mall by Winn−Dixie Stores, Winn−Dixie Charlotte, Winn−Dixie Raleigh, Winn−Dixie Texas, Winn−Dixie Midwest, Winn−Dixie Atlanta, Winn−Dixie Montgomer, Winn−Dixie Louisiana Re: (ejw) (Entered: 11/29/1999)

Nov. 17, 1999

Nov. 17, 1999

52

ORDER overruling [24−1] Flynn's objections to Magistrate appeal, affirming Magistrate Steel's Order #23 ( Signed by Judge Ralph W. Nimmons Jr. ) ctc (ejw) Modified on 11/29/1999 (Entered: 11/19/1999)

Nov. 18, 1999

Nov. 18, 1999

53

ORDER denying [40−1] amended motion to intervene by Yolanda Flynn as a party plaintiff as a matter of right ( Signed by Judge Ralph W. Nimmons Jr. ) ctc (ejw) (Entered: 11/19/1999)

Nov. 18, 1999

Nov. 18, 1999

56

NOTICE of filing deposition transcripts pursuant to amended order of preliminary approval of proposed consent decree by Winn−Dixie Stores, Winn−Dixie Charlotte, Winn−Dixie Raleigh et al. (sms) (Entered: 12/20/1999)

Dec. 15, 1999

Dec. 15, 1999

57

NOTICE of filing proof of publication of notice pursuant to amended order of preliminary approval of proposed consent decree by Winn−Dixie Stores, Winn−Dixie Charlotte, Winn−Dixie Raleigh et al. (sms) (Entered: 12/20/1999)

Dec. 15, 1999

Dec. 15, 1999

58

DEPOSITION of Yolanda Thomas by Winn−Dixie Stores, Winn−Dixie Charlotte, Winn−Dixie Raleigh re: [21−1] amended order of preliminary approval of proposed consent decree Transcript filed separately. (sms) (Entered: 12/20/1999)

Dec. 15, 1999

Dec. 15, 1999

59

DEPOSITION of Terry Wyatt volume 1 of 2 by Winn−Dixie Stores, Winn−Dixie Charlotte, Winn−Dixie Raleigh et al. re: [21−1] amended order of preliminary approval of proposed consent decree Transcript filed separately. (sms) Modified on 12/20/1999 (Entered: 12/20/1999)

Dec. 15, 1999

Dec. 15, 1999

60

DEPOSITION of Terry Wyatt volume 2 by Winn−Dixie Stores, Winn−Dixie Charlotte, Winn−Dixie Raleigh, et al re: [21−1] amended order of preliminary approval of proposed consent decree Transcript filed separately. (sms) (Entered: 12/20/1999)

Dec. 15, 1999

Dec. 15, 1999

61

DEPOSITION of Abrose Dancy volume 1 of 2 by Winn−Dixie Stores, Winn−Dixie Charlotte, Winn−Dixie Raleigh, et al re: [21−1] amended order of preliminary approval of proposed consent decree Transcript filed separately. (sms) Modified on 12/20/1999 (Entered: 12/20/1999)

Dec. 15, 1999

Dec. 15, 1999

62

DEPOSITION of Ambrose Dancy volume 2 of 2 by Winn−Dixie Stores, Winn−Dixie Charlotte, Winn−Dixie Raleigh, et al re: [21−1] amended order of preliminary approval of proposed consent decree Transcript filed separately. (sms) (Entered: 12/20/1999)

Dec. 15, 1999

Dec. 15, 1999

63

DEPOSITION of Tamarah Harris by Winn−Dixie Stores, Winn−Dixie Charlotte, Winn−Dixie Raleigh, et al re: [21−1] amended order of preliminary approval of proposed consent decree Transcript filed separately. (sms) (Entered: 12/20/1999)

Dec. 15, 1999

Dec. 15, 1999

64

DEPOSITION of Angela Hubbard by Winn−Dixie Stores, Winn−Dixie Charlotte, Winn−Dixie Raleigh, et al. re: [21−1] amended order of preliminary approval of propsoed consent decree Transcript filed separately. (sms) (Entered: 12/20/1999)

Dec. 15, 1999

Dec. 15, 1999

65

DEPOSITION of Angela D. Kricus volume 2 of 2 by Winn−Dixie Stores, Winn−Dixie Charlotte, Winn−Dixie Raleigh, et al. re: [21−1] amended order of preliminary approval of propsoed consend decree Transcript filed separately. (sms) Modified on 12/20/1999 (Entered: 12/20/1999)

Dec. 15, 1999

Dec. 15, 1999

66

DEPOSITION of Mary McGee by Winn−Dixie Stores, Winn−Dixie Charlotte, Winn−Dixie Raleigh, et al. re: [21−1] amended order of preliminary approval of proposed consent decree Transcript filed separately. (sms) (Entered: 12/20/1999)

Dec. 15, 1999

Dec. 15, 1999

67

DEPOSITION of Barbara Mitchell by Winn−Dixie Stores, Winn−Dixie Charlotte, Winn−Dixie Raleigh, et al. re: [21−1] amended order of preliminary apporval of proposed consent decree Transcript filed separately. (sms) (Entered: 12/20/1999)

Dec. 15, 1999

Dec. 15, 1999

68

DEPOSITION of Angela D. Kircus volume 1 of 2 by Winn−Dixie Stores, Winn−Dixie Charlotte, Winn−Dixie Raleigh, et al. re: [21−1] amended order of preliminary approval of proposed consent decree Transcript filed separately. (sms) Modified on 12/20/1999 (Entered: 12/20/1999)

Dec. 15, 1999

Dec. 15, 1999

55

SUBMISSION by Sandi Dorman, Pamela Briggs, Yolanda Thomas, et al., in support of final approval of settlement and award of attorneys' fees and costs and supporting memorandum (ls) (Entered: 12/17/1999)

Dec. 16, 1999

Dec. 16, 1999

69

UNOPPOSED MOTION by Winn−Dixie Stores, Winn−Dixie Charlotte, Winn−Dixie Raleigh for leave to file brief in excess of 20 pages (unopposed) (sms)

Dec. 16, 1999

Dec. 16, 1999

71

NOTICE of filing of the plaintiff's evidentiary submission in suppor of final approval of settlement and award of attorney's fees by Sandi Dorman, Pamela Briggs, Yolanda Thomas, et al. (sms) (Entered: 12/20/1999)

Dec. 16, 1999

Dec. 16, 1999

72

NOTICE OF APPEAL of [52−1] order, [53−1] order by Yolanda Flynn Appeal Information Sheet Sent to Appellant. Fee Status: paid Receipt # 29 (kwm) (Entered: 12/20/1999)

Dec. 16, 1999

Dec. 16, 1999

73

MINUTE ENTRY: Fairness hearing re: proposed class action settlement held on 12/21/99 before Judge Ralph W. Nimmons, Jr. Court Reporter: Evelyn Alderman (ls) (Entered: 12/22/1999)

Dec. 21, 1999

Dec. 21, 1999

ENDORSED ORDER granting [69−1] unopposed motion for leave to file brief in excess of 20 pages ( Signed by Judge Ralph W. Nimmons Jr. ) ctc (ls) (Entered: 12/23/1999)

Dec. 23, 1999

Dec. 23, 1999

74

TRANSCRIPT OF PROCEEDINGS on Fairness Hearing on Class Settlement for date of 12/21/99 before Judge Ralph W. Nimmons, Jr.. Transcript filed separately. (mfk) (Entered: 12/29/1999)

Dec. 29, 1999

Dec. 29, 1999

75

NO Transcript requested [72−1] appeal Appeal Information Sheet filed. (kwm) (Entered: 01/04/2000)

Jan. 3, 2000

Jan. 3, 2000

Deadline updated; Certificate of readiness due set for 1/18/00 for [72−1] appeal (kwm) (Entered: 01/04/2000)

Jan. 3, 2000

Jan. 3, 2000

76

ORDER of Final Approval of Consent Decree: the court finds that the proposed consent decree [2−1], filed on 7/16/99, and as amended for a clerical error by the court's order [21−1], entered on 8/27/99, should be, and is therefore hereby, approved and shall by separate order be entered as a final judgment herein (Signed by Judge Ralph W. Nimmons Jr. ) ctc (slc) (Entered: 01/11/2000)

Jan. 10, 2000

Jan. 10, 2000

77

ORDER: On or before 1/14/00, the parties shall file herein stipulated suggested text as to those pages of the proposed consent decree containing blanks; they shall also furnish the court with a disc from which the court may generate the proposed consent decree ( Signed by Judge Ralph W. Nimmons Jr. ) ctc (slc) (Entered: 01/11/2000)

Jan. 10, 2000

Jan. 10, 2000

78

JOINT NOTICE of filing stipulated suggested text for final consent decree by plaintiffs, defendants, proposed intervenor Yolanda Flynn (Floppy Disk provided) (slc) (Entered: 01/18/2000)

Jan. 14, 2000

Jan. 14, 2000

79

OBJECTION to the preliminary approval of the final consent decree by Angela Taylor (slc) (Entered: 01/26/2000)

Jan. 21, 2000

Jan. 21, 2000

NOTICE assigning 11th Circuit case number re: [72−1] appeal USCA NUMBER: 00−10234−G (kwm) (Entered: 01/25/2000)

Jan. 24, 2000

Jan. 24, 2000

80

JOINT NOTICE OF STIPULATION of exhibits for final consent decree, by parties (slc) (Entered: 01/26/2000)

Jan. 26, 2000

Jan. 26, 2000

81

FINAL CONSENT DECREE: pursuant to the court's 1/10/00 order of final approval of consent decree [76−1], this decree fully and finally resolves all of the litigation pending between the parties (see consent decree for further details) (Signed by Judge Ralph W. Nimmons Jr.) (ctc) (slc) (Entered: 01/27/2000)

Jan. 27, 2000

Jan. 27, 2000

CASE CLOSED. (slc) (Entered: 01/28/2000)

Jan. 27, 2000

Jan. 27, 2000

Certificate of readiness with certified copies of indexed District Court docket sheet sent to USCA. [72−1] appeal (kwm) (Entered: 02/22/2000)

Feb. 22, 2000

Feb. 22, 2000

82

Objection to Proposed Settlement by Angela Taylor (stricken per order #83) (ejw) Modified on 03/28/2000 (Entered: 03/14/2000)

March 14, 2000

March 14, 2000

ACKNOWLEDGMENT by USCA of receiving certificate of readiness on 2/29/00 re: [72−1] appeal USCA # 00−10234−G (seg) (Entered: 04/26/2000)

April 26, 2000

April 26, 2000

REQUEST by USCA to forward record on appeal re: [72−1] appeal USCA # 00−10234−GG (seg) (Entered: 04/26/2000)

April 26, 2000

April 26, 2000

RECORD ON APPEAL sent to USCA re: [72−1] appeal Transmittal includes: (ROA consists of: Volume pleadings: 5; Volume transcripts: 2; Volume exhibits: 1;) USCA# 00−10234−GG (seg) (Entered: 05/02/2000)

May 2, 2000

May 2, 2000

ACKNOWLEDGMENT by USCA of receiving record on appeal on 5/4/00 re: [72−1] appeal USCA # 00−10234−GG (seg) (Entered: 05/24/2000)

May 24, 2000

May 24, 2000

84

USCA DECISION (certified copy) [72−1] appeal affirming the judgment of the District Court; it is further ordered that the movant−appellant pay to the defendants−appellees, the costs on appeal to be taxed in accordance with F.R.A.P. 39; Mandate date: 11/8/00 USCA EOD: 9/26/00 USCA # 00−10234; Bill of Costs attached. (lrb) Modified on 11/22/2000 (Entered: 11/20/2000)

Nov. 13, 2000

Nov. 13, 2000

RECORD on appeal returned from USCA re: (ROA consists of: Volume pleadings: 5; Volume transcripts: 2; Volume exhibits: 1) USCA# 00−10234−GG (lrb) (Entered: 11/24/2000)

Nov. 24, 2000

Nov. 24, 2000

85

CONSENT ORDER by parties: that agreed−upon releases will be mailed to claimants within two weeks for execution; First Union Claims Administrator is approved as the parties' agent for the mailing and receipt of releases and timely mailing of checks in allocated amounts to claimants upon receipt of a properly executed release form, to be returned to First Union Claims Administrator by 3/15/02 by claimant (see order for additional information) (signed by District Judge Ralph W. Nimmons, Jr.) (slc) (Entered: 03/06/2001)

March 6, 2001

March 6, 2001

86

MOTION by Yolanda Thomas, Mary McGahee, Barbara Mitchell, Ambrose Dancy, Marvin Brown, Henry Dubose, Ranoldo Boston, Pamela Martin, Norma Spellman, Edward G. Farris and Winifred Stewart to opt out (lrb) Modified on 04/04/2001 (Entered: 03/21/2001)

March 20, 2001

March 20, 2001

87

FINAL RELEASE of claims by Mary J. Harmon (lpp) (Entered: 04/17/2001)

April 17, 2001

April 17, 2001

Case Details

State / Territory: Florida

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: July 16, 1999

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Class of former and current employees of Winn-Dixie Stores, Inc., who are female and/or African-American.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Winn-Dixie Stores, Inc. (Jacksonville, Duval), 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

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

Amount Defendant Pays: $28,000,000

Content of Injunction:

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Other requirements regarding hiring, promotion, retention

Retaliation Prohibition

Issues

General:

Disparate Treatment

Pattern or Practice

Retaliation

Discrimination-area:

Demotion

Discharge / Constructive Discharge / Layoff

Discipline

Harassment / Hostile Work Environment

Hiring

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

Pay / Benefits

Promotion

Discrimination-basis:

Race discrimination

Sex discrimination

Race:

Black

Affected Gender:

Female