Case: Davis v. Eastman Kodak

6:04-cv-06098 | U.S. District Court for the Western District of New York

Filed Date: March 10, 2004

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On November 12, 2003, an African American employee of Eastman Kodak Company filed a pro se complaint in the United States District Court for the Northern District of California alleging that Kodak had discriminated against her on account of her race. On March 10, 2004, the case was transferred to the United States District Court for the Western District of New York and on April 28, 2004, based on the parties' prior consent to jurisdiction by a U.S. Magistrate, the case was assigned to U.S. Magi…

On July 30, 2004, the plaintiff—now represented by private counsel—filed an amended complaint that included Employees Committed for Justice ("ECJ"), an organization of past and current African American employees of defendant Kodak, as a plaintiff. The complaint also had eleven named plaintiffs, six of whom had received right to sue letters from the Equal Employment Opportunity Commission (EEOC). These plaintiffs brought claims on behalf of a putative class of all past, present and future African American employees of Kodak.

Plaintiffs claimed that Kodak "engaged in an ongoing pattern and practice of discrimination against its African American employees." Specifically, plaintiffs alleged (i) discrimination in compensation, (ii) discrimination in promotions, (iii) discrimination in wage classifications and job assignments, (iv) harassment/hostile work environment, and (v) retaliation. The plaintiffs cited the EEOC's findings that Kodak had racial wage disparities, had a hostile work environment, and engaged in retaliation.

Plaintiffs asserted three causes of action against defendant, including claims for violations of (1) Title VII of The Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., (2) The Civil Rights Act of 1866, 42 U.S.C. § 1981, and (3) The New York Human Rights Law, 15 N.Y. Executive Law §§ 291 et seq. Plaintiffs sought declaratory relief, class-wide injunctive relief, compensatory and punitive damages, and attorneys' fees.

Kodak moved to dismiss some of the plaintiffs' claims on September 3, 2004. About a year later, on September 29, 2005, the court denied the motion to dismiss. Kodak had argued that claims for a hostile work environment or retaliation cannot be raised as pattern-or-practice claims, but the court rejected that argument. The court also rejected Kodak's argument that ECJ lacked associational standing. Kodak had also argued that some plaintiffs had waived their right to sue by signing releases, but the court postponed this issue until there was more evidence. Finally, the court denied the motion as to Kodak's arguments about the scope of the class, the statutes of limitations, and the application of the New York Human Rights Law. 407 F.Supp.2d 423.

The plaintiffs filed a second amended complaint on October 7, 2005, and a third amended complaint the following year, on March 1.

On March 29, 2007, the court (Mag. Judge Feldman) granted summary judgment against three individual named plaintiffs who had signed releases. 2007 WL 952042. The plaintiffs moved for reconsideration, but the court denied their request on July 19, 2007. 2007 WL 8098431. However, the court did grant their request to enter a final judgment so that they could appeal the order of summary judgment. These plaintiffs appealed to the U.S. Court of Appeals for the Second Circuit on August 10, 2007.

The following month, on September 27, two of the dismissed plaintiffs also sued Kodak over similar state law claims in the New York Supreme Court. That case, Alston v. Eastman Kodak Company, was later removed to the U.S. District Court for the Western District of New York.

On June 2, 2009, the parties reached a settlement agreement that covered both Davis and Alston. The settlement was made on behalf of a class of all African American people employed by Kodak from January 1, 1999 through May 18, 2006. The agreement created a settlement fund of $21,376,500 with $9,655,500 to be distributed as monetary damages awarded to individual class members. Additionally, the settlement required Kodak to engage in a continued commitment to non-discrimination and non-retaliation and to employ an Industrial Psychologist to enforce and evaluate policies regarding discrimination. Kodak also agreed to a new monitoring process, employee and supervisor EOE and diversity training, and a new system of reporting incidents of discrimination.

On June 4, 2009, the court (Mag. Judge Jonathan W. Feldman) granted preliminary approval of the settlement and on September 3, 2010, final approval was entered. 2010 WL 11558014.

On October 1, 2010, the court clarified its final approval of the settlement. It stated the September 3, 2010 final approval was intended to be a final judgment and decision, with the only issue remaining in the case to be plaintiffs’ motion for attorneys’ fees and costs. The plaintiffs’ motion sought almost $8.1 million in attorneys’ fees and reimbursement of $1.6 million for expenses and costs incurred, amounting to a total of $9.7 million for legal fees and unreimbursed expenses.

Subsequently, on December 17, 2010, the court granted the plaintiffs’ motion for attorney fees with total reimbursement amounting to over $9 million. 758 F.Supp.2d 190. On August 8, 2013, the court entered a final order regarding how the remaining settlement funds would be divided and distributed.

	Document
6:04-cv-06098	Docket	Oct. 4, 2010	Oct. 4, 2010 Docket
16 6:04-cv-06098 New Docket	Employment Discrimination Complaint Davis v. Eastman Kodak Co.	March 10, 2004	March 10, 2004 Complaint
16 6:04-cv-06098	Certified Copy of Transfer	March 10, 2004	March 10, 2004 Order/Opinion
29 6:04-cv-06098	First Amended Complaint (Class Action) Employees Committed for Justice v. Eastman Kodak Company	July 30, 2004	July 30, 2004 Complaint
76 6:04-cv-06098	Decision and Order Employees Committed for Justice v. Eastman Kodak Company	Sept. 29, 2005	Sept. 29, 2005 Order/Opinion 407 F.Supp.2d 423
106 6:04-cv-06098	Third Amended complaint (Class Action) Employees Committed for Justice v. Eastman Kodak Company, Inc.	March 1, 2006	March 1, 2006 Complaint
223 6:04-cv-06098	Decision and Order (Granting Summary Judgment Against Three Individual Plaintiffs) Davis v. Eastman Kodak Company	March 29, 2007	March 29, 2007 Order/Opinion 2007 WL 952042
252 6:04-cv-06098	Decision and Order Davis v. Eastman Kodak Co.	July 19, 2007	July 19, 2007 Order/Opinion 2007 WL 8098431
315 6:04-cv-06098	Settlement Agreement	June 2, 2009	June 2, 2009 Settlement Agreement
315 6:04-cv-06098	Order for Preliminary Approval of Settlement Agreement	June 4, 2009	June 4, 2009 Order/Opinion

ECF Number	Description	Date	Link Date / Link
16	Case transferred in from District of Northern California (San Francisco); Case Number 3:03-cv-05020. Original file with documents numbered 1-15, certified copy of transfer order and docket sheet received., filed by Courtney Davis. (Attachments: # 1 NDC Document #1 (Complaint)# 2 NDC Document #2# 3 NDC Document #3# 4 NDC Document #4# 5 NDC Document #5# 6 NDC Document #6# 7 NDC Document #7# 8 Summons Issued# 9 NDC Document #8# 10 NDC Document #9# 11 NDC Document #10# 12 NDC Document #11# 13 NDC Document #12# 14 NDC Document #13# 15 NDC Document #14# 16 NDC Document #15)(BJB, ) (Entered: 03/11/2004) 2 NDC Document #1 (Complaint) View on PACER 3 NDC Document #2 View on PACER 4 NDC Document #3 View on PACER 5 NDC Document #4 View on PACER 6 NDC Document #5 View on PACER 7 NDC Document #6 View on PACER 8 NDC Document #7 View on PACER 9 Summons Issued View on PACER 10 NDC Document #8 View on PACER 11 NDC Document #9 View on PACER 12 NDC Document #10 View on PACER 13 NDC Document #11 View on PACER 14 NDC Document #12 View on PACER 15 NDC Document #13 View on PACER 16 NDC Document #14 View on PACER 17 NDC Document #15 View on PACER	March 10, 2004	March 10, 2004 Clearinghouse
17	Kodak's ANSWER to Complaint with Certificate of Service by Eastman Kodak Co..(Stone, Lori) (Entered: 03/16/2004)	March 16, 2004	March 16, 2004
18	ORDER REFERRING CASE to Magistrate Judge Jonathan W. Feldman for all pre-trial matters. Signed by Hon. Charles J. Siragusa on 3/22/04. (KAR, ) (Entered: 03/22/2004)	March 22, 2004	March 22, 2004
	NOTICE OF RULE 16 CONFERENCE. Notice with attachments mailed via US Mail to parties. Conference set to 4/27/04 at 11:30 a.m. (RO)	March 23, 2004	March 23, 2004
	Set Deadlines/Hearings: Scheduling Conference set for 4/27/2004 at 11:30 AM before Hon. Jonathan W. Feldman. (RO)	March 23, 2004	March 23, 2004
19	MOTION to Appoint Counsel by Courtney Davis. (BJB, ) (Entered: 03/29/2004)	March 29, 2004	March 29, 2004
	NOTICE re 19 pl. MOTION to Appoint Counsel filed 3/29/04. There will be no appearances on this motion. This motion will be deemeded submitted on the papers on 4/13/04. (LMD, )	April 2, 2004	April 2, 2004
20	CORPORATE DISCLOSURE STATEMENT by Eastman Kodak Co.. (Stone, Lori) (Entered: 04/08/2004)	April 8, 2004	April 8, 2004
21	CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Jonathan W. Feldman. (BJB, ) (Entered: 04/09/2004)	April 8, 2004	April 8, 2004
	E-Filing Error Corrected: Docket No.21 correct to reflect it is a consent RE: 21 CONSENT to Jurisdiction by US Magistrate Judge. (BJB, )	April 9, 2004	April 9, 2004
22	Minute Entry for proceedings held before Judge Jonathan W. Feldman : Motion Hearing held on 4/13/2004 re 19 MOTION to Appoint Counsel filed by Courtney Davis. Motion submitted w/out argument. No appearances. (RO) (Entered: 04/15/2004)	April 13, 2004	April 13, 2004
23	Minute Entry for proceedings held before Judge Jonathan W. Feldman : Scheduling Conference held on 4/27/2004. Order issued. (RO) (Entered: 04/28/2004)	April 27, 2004	April 27, 2004
24	SCHEDULING ORDER: Discovery due by 10/29/2004. Join Parties/Amend Pleadings due by 5/21/2004. Motions due by 12/17/2004. Signed by Hon. Jonathan W. Feldman on 4/27/2004. (RO) (Entered: 04/28/2004)	April 27, 2004	April 27, 2004
25	MOTION to Amend/Correct 17 Answer to Complaint by Eastman Kodak Co.. (Attachments: # 1 Exhibit Proposed Amended Answer# 2 Affidavit Eugene Ulterino)(Ulterino, Eugene) (Entered: 05/21/2004) 2 Exhibit Proposed Amended Answer View on PACER 3 Affidavit Eugene Ulterino View on PACER	May 21, 2004	May 21, 2004
26	Minute Entry for proceedings held before Judge Jonathan W. Feldman : Status Conference held on 5/26/2004. (RO) (Entered: 06/02/2004)	May 26, 2004	May 26, 2004
27	STIPULATION AND ORDER extending time to file an amended answer. Signed by Hon. Jonathan W. Feldman on 6/3/04. (BJB, ) (Entered: 06/15/2004)	June 3, 2004	June 3, 2004
28	STIPULATION AND ORDER Join Parties/Amend Pleadings due by 8/27/2004.. Signed by Hon. Jonathan W. Feldman on 7/13/04. (BJB, ) (Entered: 07/19/2004)	July 14, 2004	July 14, 2004
29	AMENDED COMPLAINT against Eastman Kodak Co., filed by Courtney Davis.(Bauer, William) (Entered: 07/30/2004)	July 30, 2004	July 30, 2004 Clearinghouse
30	CERTIFICATE OF SERVICE by Courtney Davis re 29 Amended Complaint (Bauer, William) (Entered: 07/30/2004)	July 30, 2004	July 30, 2004
31	MOTION to Disqualify Counsel Woods Oviatt Gilman LLP by Eastman Kodak Co.. (Attachments: # 1 Memorandum in Support # 2 Affidavit Declaration of Joseph Leverone in support of motion to disqualify# 3 Exhibit A-B to Leverone Declaration# 4 Affidavit Declaration of Dale Skivington# 5 Exhibit A-D to Skivington Declaration# 6 Affidavit Declaration of Eugene D. Ulterino# 7 Exhibit A-D to Ulterino Declaration# 8 Affidavit Declaration of Lisa M. Wainwright)(Ulterino, Eugene) (Entered: 08/30/2004) 2 Memorandum in Support View on PACER 3 Affidavit Declaration of Joseph Leverone in support of motion to disqualify View on PACER 4 Exhibit A-B to Leverone Declaration View on PACER 5 Affidavit Declaration of Dale Skivington View on PACER 6 Exhibit A-D to Skivington Declaration View on PACER 7 Affidavit Declaration of Eugene D. Ulterino View on PACER 8 Exhibit A-D to Ulterino Declaration View on PACER 9 Affidavit Declaration of Lisa M. Wainwright View on PACER	Aug. 30, 2004	Aug. 30, 2004
32	CERTIFICATE OF SERVICE by Eastman Kodak Co. re 31 MOTION to Disqualify Counsel Woods Oviatt Gilman LLP (Ulterino, Eugene) (Entered: 08/31/2004)	Aug. 31, 2004	Aug. 31, 2004
33	MOTION to Dismiss by Eastman Kodak Co.. (Attachments: # 1 Memorandum in Support In Support of Motion to Dismiss# 2 Appendix Table of Authorities# 3 Affidavit Eugene D. Ulterino# 4 Exhibit Exhibits to Affidavit of E. Ulterino# 5 Affidavit R. Metras# 6 Exhibit Exhibits to Metras Affidavit)(Ulterino, Eugene) (Entered: 09/03/2004) 2 Memorandum in Support In Support of Motion to Dismiss View on PACER 3 Appendix Table of Authorities View on PACER 4 Affidavit Eugene D. Ulterino View on PACER 5 Exhibit Exhibits to Affidavit of E. Ulterino View on PACER 6 Affidavit R. Metras View on PACER 7 Exhibit Exhibits to Metras Affidavit View on PACER	Sept. 3, 2004	Sept. 3, 2004
	NOTICE of Hearing on Motion 31 MOTION to Disqualify Counsel Woods Oviatt Gilman LLP: Responses due by 9/30/2004. Replies due by 10/12/2004. Motion Hearing set for 10/22/2004 02:00 PM in Courtroom 3 before Hon. Jonathan W. Feldman. (LMD, )	Sept. 9, 2004	Sept. 9, 2004
34	MOTION SCHEDULING ORDER re 31 MOTION to Disqualify Counsel Woods Oviatt Gilman LLP filed by Eastman Kodak Co., 33 MOTION to Dismiss filed by Eastman Kodak Co. ORDERED, that the motion to dismiss [#33] will be held in abeyance until the motion to disqualify counsel [#31] is decided at which time the Court will issue a separate motion scheduling order.Signed by Hon. Charles J. Siragusa on 9/16/04. (KAR, ) (Entered: 09/16/2004)	Sept. 16, 2004	Sept. 16, 2004
35	NOTICE by Eastman Kodak Co. of Removal of Counsel (Ulterino, Eugene) (Entered: 09/28/2004)	Sept. 28, 2004	Sept. 28, 2004
36	AMENDED DOCUMENT by Eastman Kodak Co.. Amendment to 35 Notice (Other) Refiled with attorney signature. (Ulterino, Eugene) (Entered: 09/28/2004)	Sept. 28, 2004	Sept. 28, 2004
37	MEMORANDUM in Opposition re 31 MOTION to Disqualify Counsel Woods Oviatt Gilman LLP as local counsel filed by Gladys Alston, Courtney Davis, Employees Committed for Justice, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams. (O'Brien, Donald) (Entered: 09/30/2004)	Sept. 30, 2004	Sept. 30, 2004
38	DECLARATION signed by Robert D. Hooks re 31 MOTION to Disqualify Counsel Woods Oviatt Gilman LLP filed by Gladys Alston, Courtney Davis, Employees Committed for Justice, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams with Exhibits A through F filed by Gladys Alston, Courtney Davis, Employees Committed for Justice, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams. (O'Brien, Donald) (Entered: 09/30/2004)	Sept. 30, 2004	Sept. 30, 2004
39	DECLARATION signed by W. Stephen Tierney re 31 MOTION to Disqualify Counsel Woods Oviatt Gilman LLP filed by Gladys Alston, Courtney Davis, Employees Committed for Justice, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams with Exhibits A through C filed by Gladys Alston, Courtney Davis, Employees Committed for Justice, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams. (O'Brien, Donald) (Entered: 09/30/2004)	Sept. 30, 2004	Sept. 30, 2004
40	DECLARATION signed by Andrew J. Ryan re 31 MOTION to Disqualify Counsel Woods Oviatt Gilman LLP filed by Gladys Alston, Courtney Davis, Employees Committed for Justice, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams with Exhibit A filed by Gladys Alston, Courtney Davis, Employees Committed for Justice, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams. (O'Brien, Donald) (Entered: 09/30/2004)	Sept. 30, 2004	Sept. 30, 2004
41	DECLARATION signed by William P. Smith, Jr. re 31 MOTION to Disqualify Counsel Woods Oviatt Gilman LLP filed by Gladys Alston, Courtney Davis, Employees Committed for Justice, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams with Exhibit A filed by Gladys Alston, Courtney Davis, Employees Committed for Justice, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams. (O'Brien, Donald) (Entered: 09/30/2004)	Sept. 30, 2004	Sept. 30, 2004
42	DECLARATION signed by William G. Bauer re 31 MOTION to Disqualify Counsel Woods Oviatt Gilman LLP filed by Gladys Alston, Courtney Davis, Employees Committed for Justice, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams filed by Gladys Alston, Courtney Davis, Employees Committed for Justice, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams. (O'Brien, Donald) (Entered: 09/30/2004)	Sept. 30, 2004	Sept. 30, 2004
43	DECLARATION signed by Donald W. O'Brien, Jr. re 31 MOTION to Disqualify Counsel Woods Oviatt Gilman LLP filed by Gladys Alston, Courtney Davis, Employees Committed for Justice, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams with Exhibit A filed by Gladys Alston, Courtney Davis, Employees Committed for Justice, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams. (O'Brien, Donald) (Entered: 09/30/2004)	Sept. 30, 2004	Sept. 30, 2004
44	CERTIFICATE OF SERVICE by Gladys Alston, Courtney Davis, Employees Committed for Justice, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams re 37 Memorandum in Opposition to Motion,, 43 Declaration,,, 38 Declaration,,, 39 Declaration,,, 40 Declaration,,, 41 Declaration,,, 42 Declaration,, (O'Brien, Donald) (Entered: 10/01/2004)	Oct. 1, 2004	Oct. 1, 2004
45	RESPONSE in Support re 31 MOTION to Disqualify Counsel Woods Oviatt Gilman LLP filed by Eastman Kodak Co.. (Attachments: # 1 Affidavit Reply Declaration of E. Ulterino# 2 Affidavit Reply Declaration of B. O'Connor# 3 Affidavit Reply Declaration of D. Skivington# 4 Affidavit Reply Declaration of J. Leverone)(Ulterino, Eugene) (Entered: 10/12/2004) 2 Affidavit Reply Declaration of E. Ulterino View on PACER 3 Affidavit Reply Declaration of B. O'Connor View on PACER 4 Affidavit Reply Declaration of D. Skivington View on PACER 5 Affidavit Reply Declaration of J. Leverone View on PACER	Oct. 12, 2004	Oct. 12, 2004
46	CERTIFICATE OF SERVICE by Eastman Kodak Co. re 45 Response in Support of Motion, (Ulterino, Eugene) (Entered: 10/13/2004)	Oct. 13, 2004	Oct. 13, 2004
	Motions Taken Under Advisement: 31 MOTION to Disqualify Counsel Woods Oviatt Gilman LLP (LMD, )	Oct. 22, 2004	Oct. 22, 2004
47	Minute Entry for proceedings held before Judge Jonathan W. Feldman : Motion Hearing held on 10/22/2004 re 31 MOTION to Disqualify Counsel Woods Oviatt Gilman LLP filed by Eastman Kodak Co., Motion argued. Court reserves decision. (digital recording.) (LMD, ) (Entered: 10/26/2004)	Oct. 22, 2004	Oct. 22, 2004
48	ORDER Scheduling Conference set for 2/3/2005 at 09:30 AM before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 12/22/2004. (RO) (Entered: 12/22/2004)	Dec. 22, 2004	Dec. 22, 2004
49	ORDER granting 31 Motion to Disqualify Counsel. . Signed by Judge Jonathan W. Feldman on 12/27/04. (BJB, ) (Entered: 12/27/2004)	Dec. 27, 2004	Dec. 27, 2004

Case: Davis v. Eastman Kodak

6:04-cv-06098 | U.S. District Court for the Western District of New York

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