Case: Mayer v. Driver Solutions, Inc.

2:10-cv-01939 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: April 30, 2010

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On April 30, 2010, the plaintiff, an African American job applicant with a felony criminal record, filed this class action lawsuit in the Eastern District of Pennsylvania. The plaintiff, represented by Outten & Golden LLP, sued the defendants, a company and its affiliates which specialized in training truck drivers and placing them with trucking companies, under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000(e). The plaintiff alleged that the defendants refused to procure placement…

On April 30, 2010, the plaintiff, an African American job applicant with a felony criminal record, filed this class action lawsuit in the Eastern District of Pennsylvania. The plaintiff, represented by Outten & Golden LLP, sued the defendants, a company and its affiliates which specialized in training truck drivers and placing them with trucking companies, under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000(e). The plaintiff alleged that the defendants refused to procure placement for applicants with a felony conviction, and because of this practice, disparately impacted African American and Latino applicants.

On July 2, 2010, defendants moved to dismiss on the grounds that the court lacked personal jurisdiction over the defendant, the venue was improper, and the plaintiff failed to state a claim as the defendants are an employment Agency, and thus cannot be held liable under Title VII. On July 20, 2010, the Court (Judge J. Curtis Joyner) granted the parties a period for jurisdictional discovery and extended the time for the plaintiff to oppose the motion to dismiss. The plaintiff amended their complaint to include additional jurisdictional information about the defendants on July 23, 2010.

The Court granted a stay of litigation for settlement discussions on August 13, 2010, which was continually extended through January 21, 2011. Discovery continued throughout this period. The parties returned to litigation at the end of January. The court dismissed as moot defendant’s motion to dismiss on February 11, 2011, and on February 18, 2011, the plaintiff amended their complaint to join two additional defendants, both trucking companies who recruited through the defendant and allegedly played a role in developing the criminal background policy. Defendants re-filed their motion to dismiss on March 2, 2011.

On July 8, 2011, the Court granted a stay of litigation for the parties to again engage in settlement negotiations. The plaintiff moved for preliminary approval of the settlement, conditional certification of the settlement class, appointment of plaintiffs’ counsel as class counsel, and approval of the proposed notice of settlement on January 17, 2012. The settlement was preliminarily approved on February 13, 2012 (2012 WL 453234), and the Court granted final approval of the settlement on August 17, 2012. 2012 WL 3578856.

For settlement purposes, the certified class was:

All Latino and African American individuals who submitted applications to Defendants for a placement with one of the trucking companies for which Defendants recruit inexperienced truck drivers and whom Defendants rejected based on their criminal background between January 24,2009 and September 30, 2010.

The settlement agreement created a fund of $475,000 for class members’ awards, Court-approved attorneys’ fees and costs, a Court-approved service payment for the named plaintiff, claims administrator’s fees, and other expenses related to the distribution of the settlement payment.

The allocation formula for class members worked as follows: for each week a claimant was unemployed between January 4, 2009 and August 17, 2012, the claimant earned one point. After a sixty-day claim period, all points would be added together, each claimant’s individual points would be divided by the total number of points, and each claimant would receive that percentile of the net settlement fund. The plaintiff’s counsel sought $158,333.33 of the settlement fund as attorneys’ fees and $10,000 in costs. The named plaintiff sought an additional payment of $15,000 as a service award.

In addition to the settlement, defendants agreed to injunctive relief of modifying their criminal background hiring policy. Under the revised policy, applicants cannot be barred for felonies greater than ten years old or misdemeanors greater than five years old, except for specifically designated crimes. If an applicant does have a record with a specifically designated crime, or has a felony or misdemeanor less than 10 or 5 years old respectively, defendants must consider: (1) the nature and gravity of the conviction; (2) whether there is a direct relationship between the conviction(s) and the duties and responsibilities of the sought job; (3) rehabilitation and good conduct by the applicant since the conviction; (4) the age of the applicant at the time of the occurrence; (5) the length of time since the conviction; and (6) the nature of the job held or sought.

There has been no action on the docket since August 17, 2012.

Summary Authors

Cade Boland (11/16/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4369126/parties/mayer-v-driver-solutions-inc/


Judge(s)

Joyner, J. Curtis (Pennsylvania)

Attorneys(s) for Plaintiff

Bien, Rachel Megan (New York)

Gallagher, Jacqueline K. (Pennsylvania)

Ginzberg, Janet F. (Pennsylvania)

Klein, Adam T. (New York)

Lynch, Brendan (Pennsylvania)

Miller, Samuel Rand (New York)

Mollica, Paul William (Illinois)

Pullman, Sandra E. (New York)

Swartz, Justin (New York)

Judge(s)

Joyner, J. Curtis (Pennsylvania)

Attorneys(s) for Plaintiff

Bien, Rachel Megan (New York)

Gallagher, Jacqueline K. (Pennsylvania)

Ginzberg, Janet F. (Pennsylvania)

Klein, Adam T. (New York)

Lynch, Brendan (Pennsylvania)

Miller, Samuel Rand (New York)

Mollica, Paul William (Illinois)

Pullman, Sandra E. (New York)

Swartz, Justin (New York)

Attorneys(s) for Defendant

Sitman, Jacob M. (Pennsylvania)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 17, 2012 Docket
1

Class Action Complaint

April 30, 2010 Complaint
17

First Amended Class Action Complaint

July 23, 2010 Complaint
47

Motion for Preliminary Approval of Settlement, Conditional Certifications of the Settlement Class, Appointment of Plaintiff's Counsel as Class Counsel, and Approval of the Proposed Notice of Settlement and Class Action Settlement Procedure

Jan. 17, 2012 Pleading / Motion / Brief
48

Order

Mayer v. Driver Solution, Inc.

2012 WL 453234

Feb. 13, 2012 Order/Opinion
54

Order Granting Plaintiff's Motion for Final Certification of the Settlement Class, Final Approval of the Class Action Settlement, Motion for Approval of Attorneys' Fees and Reimbursement of Expenses

2012 WL 3578856

Aug. 17, 2012 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4369126/mayer-v-driver-solutions-inc/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against C&S ACQUISITION, INC., DRIVER HOLDINGS, LLC, DRIVER SOLUTIONS, INC., DRIVER SOLUTIONS, LLC ( Filing fee $ 350 receipt number 021888.), filed by JEFFREY MAYER. (Attachments: # 1 Civil Cover Sheet, # 2 Case Management Track Form, # 3 Designation Form)(ks, ) Modified on 5/21/2010 (ks, ). (Entered: 04/30/2010)

1 Civil Cover Sheet

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2 Case Management Track Form

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3 Designation Form

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April 30, 2010 RECAP

4 Summonses Issued as to C&S ACQUISITION, INC., DRIVER HOLDINGS, LLC, DRIVER SOLUTIONS, INC., DRIVER SOLUTIONS, LLC. Forwarded To: Counsel on 4/30/10 (ks, )

April 30, 2010 PACER
2

NOTICE of Appearance by BRENDAN PATRICK LYNCH on behalf of JEFFREY MEYER (LYNCH, BRENDAN) (Entered: 05/07/2010)

May 7, 2010 PACER
3

APPLICATION FOR PRO HAC VICE BY SAMUEL R. MILLER FOR PLAINTIFF JEFFREY MAYER. $40.00 FEE PAID, RECEIPT NUMBER: 22670. (sg, ) (Entered: 05/13/2010)

May 13, 2010 PACER
4

APPLICATION FOR PRO HAC VICE BY JUSTIN SWARTZ FOR PLAINTIFF JEFFREY MAYER. $40.00 FEE PAID, RECEIPT NUMBER: 22673. (sg, ) (Entered: 05/13/2010)

May 13, 2010 PACER
5

APPLICATION FOR PRO HAC VICE BY RACHEL M. BIEN FOR PLAINTIFF JEFFREY MAYER. $40.00 FEE PAID, RECEIPT NUMBER: 22671. (sg, ) (Entered: 05/13/2010)

May 13, 2010 PACER
6

APPLICATION FOR PRO HAC VICE BY ADAM T. KLEIN FOR PLAINTIFF JEFFREY MAYER. $40.00 FEE PAID, RECEIPT NUMBER: 22672. (sg, ) (Entered: 05/13/2010)

May 13, 2010 PACER
7

AFFIDAVIT of Service by Karma Hamm re: served Complaint and Summons upon Beth Sutton by Personal on May 12, 2010 (Attachments: # 1 Affidavit Service - Driver Solutions LLC, # 2 Affidavit Service - Driver Holdings LLC, # 3 Affidavit Service - C&S Acquisition)(LYNCH, BRENDAN) (Entered: 05/14/2010)

1 Affidavit Service - Driver Solutions LLC

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2 Affidavit Service - Driver Holdings LLC

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3 Affidavit Service - C&S Acquisition

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May 14, 2010 PACER
8

ORDER THAT ATTORNEY SAMUEL R. MILLER'S APPLICATION FOR PRO HAC VICE FOR JEFFREY MAYER IS GRANTED. SIGNED BY HONORABLE J. CURTIS JOYNER ON 5/17/2010. 5/19/2010 ENTERED AND COPIES MAILED AND E-MAILED.(sg, ) (Entered: 05/19/2010)

May 18, 2010 PACER
9

ORDER THAT ATTORNEY JUSTIN SWARTZ'S APPLICATION FOR PRO HAC VICE FOR JEFFREY MAYER IS GRANTED. SIGNED BY HONORABLE J. CURTIS JOYNER ON 5/17/2010. 5/19/2010 ENTERED AND COPIES MAILED AND E-MAILED.(sg, ) (Entered: 05/19/2010)

May 18, 2010 PACER
10

ORDER THAT ATTORNEY RACHEL M. BIEN'S APPLICATION FOR PRO HAC VICE FOR JEFFREY MAYER IS GRANTED. SIGNED BY HONORABLE J. CURTIS JOYNER ON 5/17/2010. 5/19/2010 ENTERED AND COPIES MAILED AND E-MAILED.(sg, ) (Entered: 05/19/2010)

May 18, 2010 PACER
11

ORDER THAT ATTORNEY ADAM T. KLEIN'S APPLICATION FOR PRO HAC VICE FOR JEFFREY MAYER IS GRANTED. SIGNED BY HONORABLE J. CURTIS JOYNER ON 5/17/2010. 5/19/2010 ENTERED AND COPIES MAILED AND E-MAILED.(sg, ) (Entered: 05/19/2010)

May 18, 2010 PACER
12

NOTICE of Appearance by JACOB M. SITMAN on behalf of C&S ACQUISITION, INC., DRIVER HOLDINGS, LLC, DRIVER SOLUTIONS, INC., DRIVER SOLUTIONS, LLC with Declaration of Service(SITMAN, JACOB) (Entered: 06/02/2010)

June 2, 2010 PACER
13

STIPULATION AND ORDER THAT THE TIME BY WHICH THE DEFENDANTS MAY ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT IS EXTENDED BY 30 DAYS TO 7/2/2010. SIGNED BY HONORABLE J. CURTIS JOYNER ON 6/2/2010. 6/4/2010 ENTERED AND COPIES MAILED, E-MAILED.(sg, ) (Entered: 06/04/2010)

June 3, 2010 PACER
14

Disclosure Statement Form pursuant to FRCP 7.1 by C&S ACQUISITION, INC., DRIVER HOLDINGS, LLC, DRIVER SOLUTIONS, INC., DRIVER SOLUTIONS, LLC.(SITMAN, JACOB) (Entered: 06/17/2010)

June 17, 2010 RECAP
15

First MOTION to Dismiss Complaint filed by C&S ACQUISITION, INC., DRIVER HOLDINGS, LLC, DRIVER SOLUTIONS, INC., DRIVER SOLUTIONS, LLC.Memorandum, Proposed Order and Declarations. (Attachments: # 1 Affidavit Declaration, # 2 Affidavit Declaration, # 3 Affidavit Declaration)(GALLAGHER, JACQUELINE) (Entered: 07/02/2010)

1 Affidavit Declaration

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2 Affidavit Declaration

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3 Affidavit Declaration

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July 2, 2010 PACER
16

STIPULATION AND ORDER REGARDING LIMITED JURISDICTIONAL DISCOVERY AND EXTENDING PLAINTIFF'S DEADLINE TO OPPOSE DEFENDANTS' MOTION TO DISMISS.PLAINTIFF'S DEADLINE TO RESPOND TO THE MOTION IS ADJOURNED SINE DIE TO AFFORD PLAINTIFF AN OPPORTUNITY TO ENGAGE IN LIMITED JURISDICTIOINAL DISCOVERY; THE PARTIES WILL SUBMIT TO THE COURT FOR ITS APPROVAL A JURISDICTIONAL DISCOVERY AND BRIEFING SCHEDULE NO LATER THAN 7/30/2010. SIGNED BY HONORABLE J. CURTIS JOYNER ON 7/19/2010. 7/20/2010 ENTERED AND COPIES MAILED AND E-MAILED.(sg, ) (Entered: 07/20/2010)

July 20, 2010 PACER
17

FIRST AMENDED CLASS ACTION COMPLAINT against C&S ACQUISITION, INC., DRIVER HOLDINGS, LLC, DRIVER SOLUTIONS, INC., DRIVER SOLUTIONS, LLC, filed by JEFFREY MAYER. EXHIBIT, CERTIFICATE OF SERVICE.(sg, ) (Entered: 07/26/2010)

July 23, 2010 RECAP
18

AFFIDAVIT of Service by Joseph Marano re: served Amended Complaint upon Jacqueline Gallagher and Jacob Sitman by Personal Service on 7/23/2010 (BIEN, RACHEL) (Entered: 07/27/2010)

July 27, 2010 PACER
19

STIPULATION AND ORDER THAT THE TIME WITHIN WHICH DEFENDANTS MAY ANSWER, PLEAD OR OTHERWISE RESPOND TO THE FIRST AMENDED COMPLAINT IS EXTENDED BY SEVEN DAYS TO 8/13/2010. SIGNED BY HONORABLE J. CURTIS JOYNER ON 8/3/2010. 8/5/2010 ENTERED AND COPIES MAILED AND E-MAILED.(sg, ) (Entered: 08/05/2010)

Aug. 4, 2010 PACER
20

STIPULATION AND ORDER THAT ALL PROCEEDINGS IN THIS MATTER SHALL BE STAYED FOR A PERIOD OF APPROXIMATELY 60 DAYS UNTIL 10/5/2010. ETC.. SIGNED BY HONORABLE J. CURTIS JOYNER ON 8/12/2010. 8/12/2010 ENTERED AND COPIES MAILED AND E-MAILED.(sg, ) (Entered: 08/12/2010)

Aug. 12, 2010 PACER
21

STIPULATION AND ORDER THAT ALL PROCEEDINGS IN THIS MATTER SHALL BE STAYED FOR A PERIOD OF APPROXIMATELY 30 DAYS UNTIL 11/5/2010. ETC. SIGNED BY HONORABLE J. CURTIS JOYNER ON 10/7/2010. 10/12/2010 ENTERED AND COPIES MAILED, E-MAILED.(kk, ) (Entered: 10/12/2010)

Oct. 8, 2010 PACER
22

NOTICE of Hearing: STATUS CONFERENCE SET FOR 11/22/2010 AT 3:00 PM IN JUDGE CHAMBERS BEFORE HONORABLE J. CURTIS JOYNER.(sc, ) (Entered: 11/05/2010)

Nov. 5, 2010 PACER
23

STIPULATION AND ORDER TO CONTINUE TEMPORARY STAY OF PROCEEDINGS UNTIL 11/19/2010. SIGNED BY HONORABLE J. CURTIS JOYNER ON 11/9/2010. 11/9/2010 ENTERED AND COPIES MAILED AND E-MAILED.(sg, ) (Entered: 11/09/2010)

Nov. 9, 2010 PACER
24

ORDER THAT ALL PROCEEDINGS IN THIS MATTER SHALL CONTINUE TO BE STAYED FOR AN ADDITIONAL PERIOD OF 60 DAYS OR UNTIL 1/21/2011, DURING WHICH TIME THE PARTIES SHALL ENGAGE IN COLUNTARY, INFORMAL DISCOVERY AND CONTINUED NEGOTIATIONS TOWARD RESOLUTION OF THIS MATTER. IT IS FURTHER ORDERED THAT IF THIS MATTER HAS NOT BEEN FORMALLY AND FINALLY RESOLVED BY 1/21/2010, THE PARTIES SHALL FORTHWITH FILE ANY MOTIONS WHICH THEY DEEM APPROPRIATE. SIGNED BY HONORABLE J. CURTIS JOYNER ON 11/22/2010. 11/24/2010 ENTERED AND COPIES MAILED AND E-MAILED.(sg, ) (Entered: 11/24/2010)

Nov. 24, 2010 PACER
25

Minute Entry for proceedings held before HONORABLE J. CURTIS JOYNER: Status Conference held on 11/22/2010. (sg, ) (Entered: 11/24/2010)

Nov. 24, 2010 PACER
26

SCHEDULING ORDER, PLAINTIFF SHALL FILE ANY MOTION TO ADD OR JOIN ADDITIONAL DEFENDANTS BY 2/16/2011. SIGNED BY HONORABLE J. CURTIS JOYNER ON 1/20/2011. 1/21/2011 ENTERED AND COPIES MAILED AND E-MAILED.(sg, ) (Entered: 01/21/2011)

Jan. 21, 2011 PACER
27

ORDER THAT DEFENDANTS FIRST MOTION TO DISMISS COMPLAINT IS DENIED AS MOOT. SIGNED BY HONORABLE J. CURTIS JOYNER ON 2/9/2011. 2/11/2011 ENTERED AND COPIES MAILED AND E-MAILED.(sg, ) (Entered: 02/11/2011)

Feb. 11, 2011 PACER
28

First MOTION to Amend/Correct 17 Amended Complaint and to Join Defendants USA Truck, Inc. and PAM Transportation Services, Inc., MOTION for Joinder filed by JEFFREY MAYER.Memorandum, Declaration. (Attachments: # 1 Exhibit Declaration of Rachel Bien in Support of Motion to Amend)(BIEN, RACHEL) (Entered: 02/16/2011)

1 Exhibit Declaration of Rachel Bien in Support of Motion to Amend

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Feb. 16, 2011 RECAP
29

Cross MOTION to Dismiss the First Amended Complaint; Memorandum of Law in Opposition to Plaintiff's Motion to File a Second Amended Complaint; Memorandum of Law in Support of Defendants' Cross-Motion to Dismiss; Proposed Order; Declarations of Service filed by C&S ACQUISITION, INC., DRIVER HOLDINGS, LLC, DRIVER SOLUTIONS, INC., DRIVER SOLUTIONS, LLC.Memorandum Declaration Certificate of Service. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Affidavit Affidavit of Michael Benkert, # 4 Affidavit Affidavit of Scott Loveday, # 5 Affidavit Affidavit of Clark Gray)(GALLAGHER, JACQUELINE) (Entered: 03/02/2011)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Affidavit Affidavit of Michael Benkert

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4 Affidavit Affidavit of Scott Loveday

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5 Affidavit Affidavit of Clark Gray

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March 2, 2011 PACER
30

MOTION for Extension of Time to File Response/Reply as to 29 Cross MOTION to Dismiss the First Amended Complaint; Memorandum of Law in Opposition to Plaintiff's Motion to File a Second Amended Complaint; Memorandum of Law in Support of Defendants' Cross-Motion to Dismiss; Proposed Order; Declarations filed by JEFFREY MAYER.Memorandum, Declaration, Certificate of Service.(BIEN, RACHEL) (Entered: 03/09/2011)

March 9, 2011 PACER
31

ORDER THAT PLAINTIFFS DEADLINE TO OPPOSE DEFENDANTS' CROSS-MOTION TO DISMISS IS TEMPORARILY EXTENDED UNTIL 3/31/2011 BY WHICH DATE THIS COURT SHALL BE ABLE TO CONSIDER PLAINTIFF'S FORMAL MOTION TO EXTEND TIME. SIGNED BY HONORABLE J. CURTIS JOYNER ON 3/21/2011. 3/22/2011 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 03/22/2011)

March 22, 2011 PACER

Set/Reset Deadlines as to 29 Cross MOTION to Dismiss the First Amended Complaint; Memorandum of Law in Opposition to Plaintiff's Motion to File a Second Amended Complaint; Memorandum of Law in Support of Defendants' Cross-Motion to Dismiss; Proposed Order; Declarations. RESPONSES DUE BY 3/31/2011. (sg, )

March 22, 2011 PACER
32

RESPONSE in Opposition re 30 MOTION for Extension of Time to File Response/Reply as to 29 Cross MOTION to Dismiss the First Amended Complaint; Memorandum of Law in Opposition to Plaintiff's Motion to File a Second Amended Complaint; Memorandum of Law in Support of Defen MOTION for Extension of Time to File Response/Reply as to 29 Cross MOTION to Dismiss the First Amended Complaint; Memorandum of Law in Opposition to Plaintiff's Motion to File a Second Amended Complaint; Memorandum of Law in Support of Defen Memorandum of Law, and Declaration of Michael Benkert filed by C&S ACQUISITION, INC., DRIVER HOLDINGS, LLC, DRIVER SOLUTIONS, INC., DRIVER SOLUTIONS, LLC. (GALLAGHER, JACQUELINE) (Entered: 03/23/2011)

March 23, 2011 PACER
33

REPLY to Response to Motion re 30 MOTION for Extension of Time to File Response/Reply as to 29 Cross MOTION to Dismiss the First Amended Complaint; Memorandum of Law in Opposition to Plaintiff's Motion to File a Second Amended Complaint; Memorandum of Law in Support of Defen MOTION for Extension of Time to File Response/Reply as to 29 Cross MOTION to Dismiss the First Amended Complaint; Memorandum of Law in Opposition to Plaintiff's Motion to File a Second Amended Complaint; Memorandum of Law in Support of Defen filed by JEFFREY MAYER. (BIEN, RACHEL) (Entered: 03/25/2011)

March 25, 2011 PACER
34

REPLY in Further Support re 28 First MOTION to Amend/Correct 17 Amended Complaint and to Join Defendants USA Truck, Inc. and PAM Transportation Services, Inc. MOTION for JoinderFirst MOTION to Amend/Correct 17 Amended Complaint and to Join Defendants USA Truck, Inc. and PAM Transportation Services, Inc., 29 Cross MOTION to Dismiss the First Amended Complaint; Memorandum of Law in Opposition to Plaintiff's Motion to File a Second Amended Complaint; Memorandum of Law in Support of Defendants' Cross-Motion to Dismiss; Proposed Order; Declarations and Opposition to Cross Motion to Dismiss Complaint filed by JEFFREY MAYER, Certificate of Service. (BIEN, RACHEL) Modified on 4/1/2011 (lisad, ). (Entered: 03/31/2011)

March 31, 2011 PACER
35

Declaration in Support re 28 First MOTION to Amend/Correct 17 Amended Complaint and to Join Defendants USA Truck, Inc. and PAM Transportation Services, Inc. MOTION for JoinderFirst MOTION to Amend/Correct 17 Amended Complaint and to Join Defendants USA Truck, Inc. and PAM Transportation Services, Inc., 29 Cross MOTION to Dismiss the First Amended Complaint; Memorandum of Law in Opposition to Plaintiff's Motion to File a Second Amended Complaint; Memorandum of Law in Support of Defendants' Cross-Motion to Dismiss; Proposed Order; Declarations and Opposition to Cross Motion to Dismiss Complaint filed by JEFFREY MAYER. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(BIEN, RACHEL) Modified on 4/1/2011 (lisad, ). (Entered: 03/31/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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March 31, 2011 PACER
36

ORDER THAT PLAINTIFFS MOTION FOR EXTENSION OF DEADLINE TO FILE OPPOSITION/REPLY IS GRANTED AND THE TIME WITHIN WHICH PLAINTIFF HAS TO FILE HIS RESPONSE TO DEFENDANTS CROSS-MOTION TO DIMISS FIRST AMENDED COMPLAINT AND MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFF'S MOTION TO FILE A SECOND AMENDED COMPLAINT IS EXTENDED TO 5/31/2011, ETC.. SIGNED BY HONORABLE J. CURTIS JOYNER ON 3/31/2011. 4/1/2011 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 04/01/2011)

April 1, 2011 PACER
37

ORDER THAT PLAINTIFFS LETTER REQUEST TO WITHDRAW THE OPPOSITION BRIEF WHICH HE FILIED IN RESPONSE TO DEFENDANTS MOTION TO DISMISS, IS GRANTED AND BOTH PARTIES SHALL BE GIVEN LEAVE TO FILE SUPPLEMENTAL BRIEFING IN SUPPORT OF AND IN OPPOSITION TO THE MOTION TO DISMISS BY 6/17/2011. SIGNED BY HONORABLE J. CURTIS JOYNER ON 4/11/2011. 4/12/2011 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 04/12/2011)

April 11, 2011 PACER
38

MOTION for Pro Hac Vice Admission of Paul Mollica filed by JEFFREY MAYER.Certificate of Counsel, Certificate of Service. (Attachments: # 1 Supplement Certificate of Service)(LYNCH, BRENDAN)$40.00 fee paid, Receipt no. 42643. Modified on 5/10/2011 (sg, ). (Entered: 05/10/2011)

1 Supplement Certificate of Service

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May 10, 2011 PACER
39

ORDER granting 38 MOTION FOR PRO HAC VICE OF PAUL W. MOLLICA AS CO-COUNSEL WITH JANET GINZBERG ON BEHALF OF THE PLAINTIFF. SIGNED BY HONORABLE J. CURTIS JOYNER ON 5/16/2011.5/18/2011 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 05/18/2011)

May 18, 2011 PACER
40

STIPULATION AND ORDER REGARDING JURISDICTIONAL DISCOVERY AND BRIEFING SCHEDULE AS OUTLINED HEREIN. DISCOVERY DUE BY 6/22/2011. MOTIONS DUE BY 7/18/2011. SIGNED BY HONORABLE J. CURTIS JOYNER ON 6/1/2011. 6/2/2011 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 06/02/2011)

June 1, 2011 PACER
41

MOTION for Pro Hac Vice Admission of Sandra E. Pullman, Esq. filed by JEFFREY MAYER.Certificate of Service.(LYNCH, BRENDAN) (Entered: 06/07/2011)

June 7, 2011 PACER
42

ORDER THAT THE MOTION IS GRANTED AND SANDRA E. PULLMAN, ESQUIRE IS ADMITTED TO PRATICE PRO HAC VICE BEFORE THIS COURT AS CO-COUNSEL WITH JANET GINZBERG, ESQUIRE ON BEHALF OF THE PLAINTIFF FOR PURPOSES OF THIS ACTION ONLY. SIGNED BY HONORABLE J. CURTIS JOYNER ON 6/8/2011. 6/10/2011 ENTERED AND COPIES MAILED AND E-MAILED.(sg, ) (Entered: 06/10/2011)

June 10, 2011 PACER
43

STIPULATION AND ORDER THAT LEAVE FOR THE PARTIES TO ENGAGE IN PRIVATE MEDIATION IS HEREBY GRANTED. IF THE CASE DOES NOT SETTLE THROUGH MEDIATION, DEFENDANTS SHALL FILE ANY RENEWED MOTION TO DISMISS OR TRANSFER VENUE NO LATER THAN 9/30/2011. SIGNED BY HONORABLE J. CURTIS JOYNER ON 7/8/2011. 7/8/2011 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 07/08/2011)

July 8, 2011 RECAP
44

STIPULATION AND ORDER REGARDING MEDIATION AND REVISED BRIEFING SCHEDULE AS OUTLINED HEREIN. SIGNED BY HONORABLE J. CURTIS JOYNER ON 9/29/2011. 9/29/2011 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 09/29/2011)

Sept. 29, 2011 PACER
45

ORDER THAT PLAINTIFF'S FIRST MOTION TO AMEND/CORRECT AMENDED COMPLAINT AND DEFENDANTS CROSS MOTION TO DISMISS THE FIRST AMENDED COMPLAINT ARE DENIED WITHOUT PREJUDICE AS MOOT. PLAINTIFF IS DIRECTED TO SUBMIT HIS MOTION FOR PRELIMINARY SETTLEMENT APPROVAL BY 12/15/2011. SIGNED BY HONORABLE J. CURTIS JOYNER ON 11/3/2011. 11/3/2011 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 11/03/2011)

Nov. 3, 2011 PACER
46

ORDER THAT PLAINTIFFS REQUEST IS GRANTED AND THE TIME WITHIN WHICH PLAINTIFF HAS TO SUBMIT HIS MOTION FOR PRELIMINARY SETTLEMENT APPROVAL IS EXTENDED TO 1/17/2012. SIGNED BY HONORABLE J. CURTIS JOYNER ON 12/14/2011. 12/14/2011 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 12/14/2011)

Dec. 14, 2011 PACER
47

MOTION for Settlement Preliminary Approval of Settlement, Conditional Certification of the Settlement Class, Appointment of Plaintiffs' Counsel as Class Counsel, and Approval of the Proposed Notice of Settlement, and Class Action Settlement Procedure filed by JEFFREY MAYER.Memorandum, Brief, Declaration, Certificate of Service. (Attachments: # 1 Exhibit A)(BIEN, RACHEL) (Entered: 01/17/2012)

1 Exhibit A

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Jan. 17, 2012 PACER
48

ORDER THAT THE SETTLEMENT AGREEMENT MEMORIALIZED IN THE JOINT STIPULATION OF SETTLEMENT AND RELEASE ATTACHED AS EHXIBIT "B" TO THE DECLARATION OF RACHEL BIEN IS PRELIMINARILY APPROVED. ETC.. A FINAL FAIRNESS HEARING IS SCHEDULED IN THIS MATTER FOR 10:00 AM ON WEDNESDAY 8/15/2012, BEFORE THE UNDERSIGNED IN COURTROOM 17A. SIGNED BY HONORABLE J. CURTIS JOYNER ON 2/13/2012. 2/14/2012 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 02/14/2012)

Feb. 13, 2012 RECAP
49

MOTION for Settlement Final Certification of the Settlement Class and Final Approval of Class Action Settlement filed by JEFFREY MAYER.Memorandum, Declaration, and Certificate of Service. (Attachments: # 1 Exhibit A)(BIEN, RACHEL) (Entered: 07/16/2012)

1 Exhibit A

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July 16, 2012 PACER
50

MOTION for Approval of Attorneys' Fees and Reimbursement of Expenses filed by JEFFREY MAYER.Memorandum, Declaration, and Certificate of Service. (Attachments: # 1 Exhibit A)(BIEN, RACHEL) (Entered: 07/16/2012)

1 Exhibit A

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July 16, 2012 PACER
51

MOTION for Approval of Class Representative Service Award filed by JEFFREY MAYER.Memorandum, Declaration, and Certificate of Service.(BIEN, RACHEL) (Entered: 07/16/2012)

July 16, 2012 PACER
52

NOTICE of Withdrawal of Appearance by JACOB M. SITMAN on behalf of All Defendants (SITMAN, JACOB) (Entered: 08/17/2012)

Aug. 17, 2012 PACER
53

Minute Entry for proceedings held before HONORABLE J. CURTIS JOYNER: Settlement Conference held on 8/15/2012. Court Reporter: SHARON HALL. (sg, ) (Entered: 08/17/2012)

Aug. 17, 2012 PACER
54

ORDER GRANTING PLAINTIFF'S MOTION FOR FINAL CERTIFICATION OF THE SETTLEMENT CLASS, FINAL APPROVAL OF THE CLASS ACTION SETTLEMENT, MOTION FOR APPROVAL OF ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES, AND MOTION FOR APPROVAL OF CLASS REPRESENTATIVE SERVICE AWARD AS OUTLINED HEREIN. SIGNED BY HONORABLE J. CURTIS JOYNER ON 8/16/2012. 8/20/2012 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 08/20/2012)

Aug. 17, 2012 PACER

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Key Dates

Filing Date: April 30, 2010

Closing Date: 2012

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

All Latino and African American individuals who submitted applications to defendants for a placement with one of the trucking companies for which Defendants recruit inexperienced truck drivers and whom Defendants rejected based on their criminal background between January 24,2009 and September 30, 2010.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Outten & Golden

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Driver Solutions, Inc., Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 47,5000

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Issues

General:

Disparate Impact

Discrimination-area:

Hiring

Discrimination-basis:

Race discrimination

Race:

Black

National Origin/Ethnicity:

Hispanic