Case: Miller v. John Knox Village

4:00-cv-00878 | U.S. District Court for the Western District of Missouri

Filed Date: Aug. 29, 2000

Closed Date: March 15, 2005

Clearinghouse coding complete

Case Summary

On August 29, 2000 plaintiff filed suit against her employer, John Knox Village (a retirement community), in the Federal District Court for the Western District of Missouri. Plaintiff alleged that John Knox Village had engaged in a pattern or practice of racial discrimination against African Americans. Specifically, plaintiff alleged that the defendant fostered a hostile work environment, gave African Americans less desirable assignments, failed to promote qualified African Americans, and ret…

On August 29, 2000 plaintiff filed suit against her employer, John Knox Village (a retirement community), in the Federal District Court for the Western District of Missouri. Plaintiff alleged that John Knox Village had engaged in a pattern or practice of racial discrimination against African Americans. Specifically, plaintiff alleged that the defendant fostered a hostile work environment, gave African Americans less desirable assignments, failed to promote qualified African Americans, and retaliated against African Americans who complained about the intolerant work environment.

The suit was joined by other African American employees and became a class action on behalf of all current and former employees of John Knox Village. The parties pursued a settlement and filed a consent decree with the court on March 15, 2002. The consent decree created a $3,750,000 fund to cover attorney's fees and compensate all class members. It also provided that defendant would prohibit discrimination, educate residents regarding diversity, post EEOC guidelines and provide EEOC training, create a diversity committee, and take steps to creating a diverse workforce and a tolerant atmosphere.

The court approved the consent decree on May 31, 2002. It applied to defendant for three years with an annual obligation to report to the court regarding the steps being taken. The final report was filed on January 14, 2005.

Summary Authors

Michael Perry (7/24/2010)

People


Judge(s)

Fenner, Gary A. (Missouri)

Attorneys(s) for Plaintiff

Bernard, William T (Missouri)

Davis, Brett A. (Missouri)

Holman, Kirk Daniel (Missouri)

Ketchmark, Michael S. (Missouri)

McCreight, Scott A. (Missouri)

Attorneys(s) for Defendant

DeWald, Carole Kay (Missouri)

Novion, Laurie Ann (Missouri)

Judge(s)

Fenner, Gary A. (Missouri)

Attorneys(s) for Plaintiff

Bernard, William T (Missouri)

Davis, Brett A. (Missouri)

Holman, Kirk Daniel (Missouri)

Ketchmark, Michael S. (Missouri)

McCreight, Scott A. (Missouri)

Attorneys(s) for Defendant

DeWald, Carole Kay (Missouri)

Novion, Laurie Ann (Missouri)

Documents in the Clearinghouse

Document

4:00-cv-00878

Docket

Jan. 14, 2005

Jan. 14, 2005

Docket
1

4:00-cv-00878

Complaint

Aug. 29, 2000

Aug. 29, 2000

Complaint
11

4:00-cv-00878

Plaintiff's First Amended Complaint

May 21, 2001

May 21, 2001

Complaint
39

4:00-cv-00878

Second Amended Class Action Complaint

March 15, 2002

March 15, 2002

Complaint
35

4:00-cv-00878

Consent Decree

March 15, 2002

March 15, 2002

Settlement Agreement
50

4:00-cv-00878

Order Granting Final Approval of Class Settlement

May 31, 2002

May 31, 2002

Order/Opinion

Resources

Docket

Last updated Aug. 12, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against John Knox Village. filed by William T Bernard, Kirk Daniel Holman on behalf of Shirley Miller. Receipt #178906. (Attachments: # 1 Civil Cover Sheet)(Kee, Georgia) (Entered: 08/30/2000)

Aug. 29, 2000

Aug. 29, 2000

2

Notice of EAPADMIN.(Kee, Georgia) (Entered: 08/30/2000)

Aug. 29, 2000

Aug. 29, 2000

3

MOTION to stay Proceedings and for Extension of Time to Answer or Otherwise Plead in Response to the Complaint (related document(s) 1 ) on behalf of John Knox Village. (Attachments: # 1 Suggestions in Support of Defendant's Motion to Stay Proceedings and For Extension of Time to Answer or Otherwise Plead in Response to the Complaint# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7)(Novion, Laurie) (Entered: 09/25/2000)

Sept. 25, 2000

Sept. 25, 2000

4

ORDER granting deft's motion for extension of time to respond to complaint entered by Judge Gary A. Fenner.(Mitchell, Lisa) (Entered: 09/26/2000)

Sept. 26, 2000

Sept. 26, 2000

5

SUGGESTIONS IN OPPOSITION To Defendant's Motion for Stay of Proceedings filed by Kirk Daniel Holman of Holman &Associates on behalf of Shirley Miller. Reply Suggestions due by 10/10/2000. (Related motion(s) 3 ) (Other related filing(s) 1 , 3 ) (Holman, Kirk) (Entered: 09/28/2000)

Sept. 28, 2000

Sept. 28, 2000

6

REPLY SUGGESTIONS filed by Stanley Daryl Davis of Shook, Hardy &Bacon L.L.P. on behalf of John Knox Village. (Related motion(s) 3 ) (Kendall, Shelly) (Entered: 10/11/2000)

Oct. 10, 2000

Oct. 10, 2000

7

ORDER by Judge Gary A. Fenner granting motion to stay (Related Doc # 3 ) (Mitchell, Lisa) (Entered: 11/01/2000)

Nov. 1, 2000

Nov. 1, 2000

8

STATUS REPORT filed by Laurie Ann Novion of Shook, Hardy &Bacon, L.L.P. on behalf of John Knox Village.(Novion, Laurie) Modified on 4/30/2001 to remove blank page from document (Jones, Robin). (Entered: 04/26/2001)

April 26, 2001

April 26, 2001

9

MOTION for leave to file First Amended Complaint on behalf of Shirley Miller. (Attachments: # 1 Exhibit First Amended Complaint# 2 Exhibit MCHR Right to Sue# 3 Exhibit EEOC Right to Sue)(Jones, Robin) Modified on 4/27/2001 to attach correct exhibit (Jones, Robin). (Entered: 04/27/2001)

April 26, 2001

April 26, 2001

10

Order entered by Judge Gary A. Fenner on 5/15/2001 granting motion for leave to file (Related Doc # 9 ) (Mitchell, Lisa) (Entered: 05/15/2001)

May 15, 2001

May 15, 2001

11

AMENDED COMPLAINT against John Knox Village. Filed by Kirk Daniel Holman on behalf of Shirley Miller. Service due by 9/18/2001, (Attachments: # 1 Exhibit Charge of Discrimination# 2 Pleading MCHR Right to Sue# 3 Pleading EEOC Right to Sue)(Holman, Kirk) (Entered: 05/21/2001)

May 21, 2001

May 21, 2001

13

Joint PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN filed by Carole Kay DeWald on behalf of John Knox Village. (DeWald, Carole) (Entered: 06/01/2001)

June 1, 2001

June 1, 2001

14

RULES OF TRIAL entered by Judge Gary A. Fenner(Mitchell, Lisa) (Entered: 06/11/2001)

June 11, 2001

June 11, 2001

15

SCHEDULING ORDER entered by Judge Gary A. Fenner.Discovery due by 1/30/2002, pre−trial conference set for 9/6/2002 at 02:30 PM at Chambers, accelerated jury trial held on 10/7/2002 at 09:00AM at Courtroom 8A, Kansas City (GAF) dispositive motions due by 2/25/2002, (Mitchell, Lisa) (Entered: 06/11/2001)

June 11, 2001

June 11, 2001

16

ADDRESS CHANGE NOTICE filed by Kirk Daniel Holman on behalf of Shirley Miller. (Holman, Kirk) (Entered: 09/14/2001)

Sept. 14, 2001

Sept. 14, 2001

17

NOTICE OF DEPOSITION of shirley miller on November 30, 2001 filed by Carole Kay DeWald on behalf of John Knox Village. (DeWald, Carole) (Entered: 11/21/2001)

Nov. 21, 2001

Nov. 21, 2001

18

Amended NOTICE OF DEPOSITION of Shirley Miller on December 19, 2001 (Videotaped) filed by Carole Kay DeWald on behalf of John Knox Village. (DeWald, Carole) (Entered: 12/10/2001)

Dec. 10, 2001

Dec. 10, 2001

19

CERTIFICATE OF SERVICE for Plaintiff's First Request for Production of Documents to Defendant filed by Brett A. Davis on behalf of Shirley Miller. (Davis, Brett) (Entered: 12/26/2001)

Dec. 26, 2001

Dec. 26, 2001

20

CERTIFICATE OF SERVICE Defendant's First Set of Interrogatories and Defendant's First Request for Production of Documents filed by Stanley Daryl Davis on behalf of John Knox Village. (Davis, Stanley) (Entered: 12/27/2001)

Dec. 27, 2001

Dec. 27, 2001

21

CERTIFICATE OF SERVICE for Plaintiff's First Interrogatories to Defendant and Plaintiff's Second Request for Production of Documents to Defendant filed by Brett A. Davis on behalf of Shirley Miller. (Davis, Brett) (Entered: 12/28/2001)

Dec. 28, 2001

Dec. 28, 2001

22

Amended NOTICE OF DEPOSITION of Shirley Miller on January 14, 2002 (Videotaped) filed by Carole Kay DeWald on behalf of John Knox Village. (DeWald, Carole) (Entered: 01/02/2002)

Jan. 2, 2002

Jan. 2, 2002

23

Joint MOTION to amend the Scheduling Order filed by Brett A. Davis on behalf of Shirley Miller. suggestions in opposition due by 1/24/2002. (Davis, Brett) (Entered: 01/09/2002)

Jan. 9, 2002

Jan. 9, 2002

24

Order entered by Judge Gary A. Fenner on 1/9/2002 granting motion to amend (Related Doc # 23 ) (Mitchell, Lisa) (Entered: 01/09/2002)

Jan. 9, 2002

Jan. 9, 2002

25

CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Brett A. Davis on behalf of Shirley Miller. (Davis, Brett) (Entered: 01/11/2002)

Jan. 11, 2002

Jan. 11, 2002

26

MOTION to withdraw/substitute attorney filed by Kirk Daniel Holman on behalf of Shirley Miller. suggestions in opposition due by 2/20/2002. (Holman, Kirk) (Entered: 02/05/2002)

Feb. 5, 2002

Feb. 5, 2002

27

Order entered by Judge Gary A. Fenner on 2/5/2002 granting motion to withdraw/substitute attorney (Related Doc # 26 ) (Mitchell, Lisa) (Entered: 02/05/2002)

Feb. 5, 2002

Feb. 5, 2002

28

NOTICE OF DEPOSITION of Stephanie Roberts filed by Brett A. Davis on behalf of Shirley Miller. (Davis, Brett) (Entered: 02/22/2002)

Feb. 22, 2002

Feb. 22, 2002

29

NOTICE OF DEPOSITION of Mary Lou Gajdosik filed by Brett A. Davis on behalf of Shirley Miller. (Davis, Brett) (Entered: 02/22/2002)

Feb. 22, 2002

Feb. 22, 2002

30

NOTICE OF DEPOSITION of Betty Freeman−Boots filed by Brett A. Davis on behalf of Shirley Miller. (Davis, Brett) (Entered: 02/22/2002)

Feb. 22, 2002

Feb. 22, 2002

32

MOTION to withdraw/substitute attorney filed by William T Bernard on behalf of Shirley Miller. suggestions in opposition due by 3/14/2002. (Kendall, Shelly) (Entered: 02/28/2002)

Feb. 27, 2002

Feb. 27, 2002

33

Order entered by Judge Gary A. Fenner on 2/28/2002 granting motion to withdraw/substitute attorney (Related Doc # 32 ) (Mitchell, Lisa) (Entered: 02/28/2002)

Feb. 28, 2002

Feb. 28, 2002

Remark − Original Document #35 (NOTICE OF FILING of Joint Motion for Entry of Consent Decree filed by Michael S Ketchmark on behalf of Shirley Miller has been deleted and will be refiled under correct document type and as a complete document (Kendall, Shelly) (Entered: 03/15/2002)

March 15, 2002

March 15, 2002

35

Joint MOTION for order for Entry of Consent Decree filed by Michael S Ketchmark on behalf of Shirley Miller. suggestions in opposition due by 4/1/2002. (Attachments: # 1 Exhibit Consent Decree# 2 Exhibit A to Consent Decree − Release of Claims# 3 Exhibit B to Consent Decree − Stip of Dismissal# 4 Exhibit C to Consent Decree − Reporting Form# 5 Exhibit D to Consent Decree − Notice to Class# 6 Exhibit E to Consent Decree − Claim Form# 7 Exhibit F to Consent Form − Request for Exclusion Form)(Ketchmark, Michael) (Entered: 03/15/2002)

March 15, 2002

March 15, 2002

Remark − Document #34 was deleted as it was filed inproperly. Atty to refile document today. (Honeycutt, Cassaundra) (Entered: 03/15/2002)

March 15, 2002

March 15, 2002

36

Joint MOTION for leave to file Second Amended Class Action Complaint filed by Michael S Ketchmark on behalf of Shirley Miller. suggestions in opposition due by 4/1/2002. (Attachments: # 1 Exhibit Second Amended Class Action Complaint)(Ketchmark, Michael) (Entered: 03/15/2002)

March 15, 2002

March 15, 2002

37

Order entered by Judge Gary A. Fenner on 3/15/2002 granting motion for leave to file (Related Doc # 36 ) (Mitchell, Lisa) (Entered: 03/15/2002)

March 15, 2002

March 15, 2002

38

Minute Entry of hearing held on 3/15/2002 Settlement hearing to be held on 5/31/2002 at 09:00 AM at Courtroom 8A, Kansas City (GAF) (Diefenbach, Tracy) (Entered: 03/15/2002)

March 15, 2002

March 15, 2002

39

Second AMENDED COMPLAINT against John Knox Village. Filed by Michael S Ketchmark on behalf of Shirley Miller. Service due by 7/15/2002, (Ketchmark, Michael) (Entered: 03/15/2002)

March 15, 2002

March 15, 2002

40

ORDER FOR HEARING ON PROPOSED CLASS SETTLEMENT entered by Judge Gary A. Fenner. (Mitchell, Lisa) (Entered: 03/15/2002)

March 15, 2002

March 15, 2002

41

ORDER entered by Judge Gary A. Fenner directing plaintiff's counsel to file status report regarding non−compliance with ECF. (Mitchell, Lisa) Modified on 3/27/2002 to replace incomplete document (Kendall, Shelly). (Entered: 03/27/2002)

March 27, 2002

March 27, 2002

42

RESPONSE TO MOTION −Request for Exclusion filed by Plaintiff Odetta Allen on behalf of Odetta Allen filed. Reply Suggestions due by 4/24/2002. (Related document(s) 35 ) (Beard, Melanie) Modified on 4/9/2002 to correct pleading title(Beard, Melanie). (Entered: 04/09/2002)

April 9, 2002

April 9, 2002

43

RESPONSE TO MOTION Request for Exclusion filed by John A. Wright Reply Suggestions due by 4/26/2002. (Related document(s) 35 ) (Beard, Melanie) Modified on 4/12/2002 to correct pleading title(Beard, Melanie). (Entered: 04/12/2002)

April 11, 2002

April 11, 2002

46

RESPONSE TO MOTION Request for Exclusion filed by Robbie Jean Neely. Reply Suggestions due by 5/6/2002. (Related document(s) 35 ) (Beard, Melanie) Modified on 4/23/2002 to correct pleading text(Beard, Melanie). Modified on 4/23/2002 (Beard, Melanie). (Entered: 04/23/2002)

April 19, 2002

April 19, 2002

Documents 44 and 45(Response to Motion #(35)) were deleted due to misfiling by the Clerk's office. Remark (Beard, Melanie) (Entered: 04/23/2002)

April 23, 2002

April 23, 2002

48

Order entered by Judge Gary A. Fenner on 5/31/2002 granting motion for order (Related Doc # 35 ) (Mitchell, Lisa) (Entered: 05/31/2002)

May 31, 2002

May 31, 2002

49

ADMINISTRATIVE ORDER NO. 1 entered by Judge Gary A. Fenner. (Mitchell, Lisa) Modified on 5/31/2002. Original Order replaced with correctly dated Order. (Mitchell, Lisa). (Entered: 05/31/2002)

May 31, 2002

May 31, 2002

50

ORDER GRANTING FINAL APPROVAL OF CLASS SETTLEMENT entered by Judge Gary A. Fenner. (Mitchell, Lisa) (Entered: 05/31/2002)

May 31, 2002

May 31, 2002

51

Minute Entry of settlement hearing Dated: 5/31/2002 (Diefenbach, Tracy) (Entered: 05/31/2002)

May 31, 2002

May 31, 2002

52

ORDER entered by Judge Gary A. Fenner granting plaintiffs an extension of time to July 31, 2002, within which to make recommendation on settlement distributions. (Mitchell, Lisa) (Entered: 07/02/2002)

July 2, 2002

July 2, 2002

53

NOTICE OF FILING Report and Recommendation of Administrators Regarding Proposed Distribution of Class Settlement Proceeds filed by Michael S Ketchmark on behalf of Shirley Miller. (Attachments: # 1 Exhibit 1)(Ketchmark, Michael) (Entered: 07/18/2002)

July 18, 2002

July 18, 2002

54

MOTION to seal document Exhibit 2 to Administrators' Report and Recommendation Regarding Proposed Distribution of Class Settlement Proceeds filed by Michael S Ketchmark on behalf of Shirley Miller. suggestions in opposition due by 8/2/2002. (Ketchmark, Michael) (Entered: 07/18/2002)

July 18, 2002

July 18, 2002

55

Order entered by Judge Gary A. Fenner on 7/18/2002 granting motion to seal document (Related Doc # 54 ) (Mitchell, Lisa) (Entered: 07/18/2002)

July 18, 2002

July 18, 2002

56

EXHIBIT 2 to the Report and Recommendation of Administrators. (Related document(s) 53 ) (Diefenbach, Tracy) (Entered: 07/18/2002)

July 18, 2002

July 18, 2002

57

ORDER ADOPTING REPORT AND RECOMMENDATION OF ADMINISTRATORS entered by Judge Gary A. Fenner. (Mitchell, Lisa) (Entered: 07/18/2002)

July 18, 2002

July 18, 2002

58

LETTER from the Jackson County Prosecutor filed by John Knox Village. (Kendall, Shelly) (Entered: 08/01/2002)

Aug. 1, 2002

Aug. 1, 2002

59

Notice of Lien on Claims, Counterclaims and Suits at Law (Kendall, Shelly) (Entered: 08/06/2002)

Aug. 6, 2002

Aug. 6, 2002

60

MOTION to amend Report and Recommendation of Administrators Regarding Proposed Distribution of Class Settlement Proceeds filed by Michael S Ketchmark on behalf of Shirley Miller. suggestions in opposition due by 8/21/2002. (Attachments: # 1 Exhibit 1)(Ketchmark, Michael) (Entered: 08/06/2002)

Aug. 6, 2002

Aug. 6, 2002

61

MOTION to seal document Exhibit 2 to Motion to Amend Report and Recommendation of Administrators Regarding Proposed Distribution of Class Settlement Proceeds filed by Michael S Ketchmark on behalf of Shirley Miller. suggestions in opposition due by 8/21/2002. (Ketchmark, Michael) Terminated on 8/12/2002 (Diefenbach, Tracy). (Entered: 08/06/2002)

Aug. 6, 2002

Aug. 6, 2002

62

MOTION to seal document filed by Michael S Ketchmark on behalf of Shirley Miller. suggestions in opposition due by 8/21/2002. (Kendall, Shelly) Terminated on 8/12/2002 (Diefenbach, Tracy). (Entered: 08/08/2002)

Aug. 6, 2002

Aug. 6, 2002

63

SEALED DOCUMENT Exhibit 2 filed by all plaintiffs. (Related document(s) 61 ) (Diefenbach, Tracy) (Entered: 08/12/2002)

Aug. 12, 2002

Aug. 12, 2002

64

Order entered by Judge Gary A. Fenner on 8/12/2002 granting motion to amend (Related Doc # 60 ) (Mitchell, Lisa) (Entered: 08/12/2002)

Aug. 12, 2002

Aug. 12, 2002

65

ORDER entered by Judge Gary A. Fenner granting motion to seal exhibit (Doc. #61) (Mitchell, Lisa) (Entered: 08/12/2002)

Aug. 12, 2002

Aug. 12, 2002

67

STATUS REPORT Defendant's Annual Report To The Court by John Knox Village. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16# 17 Exhibit 17# 18 Notice of Exhibit Attachment 18# 19 Notice of Exhibit Attachment 19# 20 Exhibit 20)(DeWald, Carole) Modified on 1/16/2004 to acknowledge receipt of exhibits in Clerk's office (Kendall, Shelly). (Entered: 01/15/2004)

Jan. 15, 2004

Jan. 15, 2004

68

STATUS REPORT Final Annual Report to the Court by John Knox Village. (Attachments: # 1)(Davis, Stanley) Modified on 1/19/2005 to acknowledge receipt of exhibits in Clerk's office (McDowell, Shelly). (Entered: 01/14/2005)

Jan. 14, 2005

Jan. 14, 2005

Case Details

State / Territory: Missouri

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 29, 2000

Closing Date: March 15, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

African American employees of John Knox Village.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

John Knox Village (Lee's Summit, Jackson), Private Entity/Person

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: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $3,750,000

Order Duration: 2002 - 2005

Content of Injunction:

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Pattern or Practice

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discipline

Harassment / Hostile Work Environment

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

Promotion

Discrimination-basis:

Race discrimination

Race:

Black