Case: Davis v. General Mills Operations, LLC

1:24-cv-02409 | U.S. District Court for the Northern District of Georgia

Filed Date: June 2, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a lawsuit alleging race discrimination at a Georgia General Mills plant. The plaintiffs are eight current and former employees of General Mills who currently worked, or previously worked within the last four years, at a General Mills’ manufacturing facility in Covington, Georgia. On June 2, 2024, the plaintiffs filed a lawsuit in the U.S. District Court for the Northern District of Georgia alleging that there was a fraternity of white men operating in leadership positions at the Covingt…

This is a lawsuit alleging race discrimination at a Georgia General Mills plant. The plaintiffs are eight current and former employees of General Mills who currently worked, or previously worked within the last four years, at a General Mills’ manufacturing facility in Covington, Georgia.

On June 2, 2024, the plaintiffs filed a lawsuit in the U.S. District Court for the Northern District of Georgia alleging that there was a fraternity of white men operating in leadership positions at the Covington facility referred to as the “Good Ole Boys”. The complaint alleged that two white men in management positions only allowed like-minded individuals who “toe the line” to be in management, HR, or other leadership positions at the facility. Certain of defendants’ employees were also alleged to provide benefits for underperforming white employees while systematically holding Black employees to a higher standard of conduct. The plaintiffs asserted claims under Section 1981 of the Civil Rights Act of 1866, the Federal Racketeer Influenced and Corrupt Organizations Act (Federal RICO Act), Georgia Racketeer Influenced and Corrupt Organizations Act (Georgia RICO Act), and state nuisance law.

The plaintiffs requested to certify a class of the following: all black employees who, within the last four years, worked at General Mills’ Covington facility and suffered an adverse employment action in any form, including a write-up or inclusion in the company's Coaching & Counseling Database. The plaintiffs also sought a declaratory judgement, injunctive relief to disband the Good Ole Boys, compensatory damages, and punitive damages. The case was assigned to District Judge Michael Lawrence Brown.

On August 21, 2024, the plaintiffs filed a first amended complaint alleging retaliation by General Mills after the filling of the initial complaint. They also added eight individual plaintiffs.

On September 24, 2024, the defendant moved to dismiss the plaintiffs’ amended complaint for lack of subject matter jurisdiction, lack of personal jurisdiction, and failure to state any claim for relief.

As of January 2025, this case is ongoing.

 

Summary Authors

Cara Claflin (1/3/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68822511/parties/davis-v-general-mills-operations-llc/


Judge(s)

Brown, Michael Lawrence (Georgia)

Attorney for Plaintiff

Carpenter, Linda (Georgia)

Dean, Douglas (Georgia)

Attorney for Defendant

Kendricks, Katherine (Georgia)

Lawrence, Allegra J. (Georgia)

show all people

Documents in the Clearinghouse

Document
1

1:24-cv-02409

Class Action Race Discrimination Complaint

June 2, 2024

June 2, 2024

Complaint
11

1:24-cv-02409

First Amended Class Action Race Discrimination Complaint

Aug. 21, 2024

Aug. 21, 2024

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68822511/davis-v-general-mills-operations-llc/

Last updated Jan. 30, 2025, 4 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with Jury Demand (Filing fee $405, receipt number AGANDC-13475102) filed by Donald Outlaw, Joe Davis, Devahn Jefferson, Keith McClinton, Naaman Smith, Gary Davis, E.J. Rivers, Justin Harris. (Attachments: # 1 Civil Cover Sheet)(ajw) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 06/03/2024)

1 Civil Cover Sheet

View on RECAP

June 2, 2024

June 2, 2024

Clearinghouse
2

NOTICE Of Filing Civil Cover Sheet by Gary Davis, Joe Davis, Justin Harris, Devahn Jefferson, Keith McClinton, Donald Outlaw, E.J. Rivers (Dean, Douglas) (Entered: 06/04/2024)

June 4, 2024

June 4, 2024

PACER
3

NOTICE of Appearance by Linda Carpenter on behalf of Gary Davis, Joe Davis, Justin Harris, Devahn Jefferson, Keith McClinton, Donald Outlaw, E.J. Rivers, Naaman Smith (Carpenter, Linda) (Entered: 06/10/2024)

June 10, 2024

June 10, 2024

PACER
4

NOTICE of Appearance by Sharon Leah Neal on behalf of Gary Davis, Joe Davis, Justin Harris, Devahn Jefferson, Keith McClinton, Donald Outlaw, E.J. Rivers, Naaman Smith (Neal, Sharon) (Entered: 06/10/2024)

June 10, 2024

June 10, 2024

PACER
5

NOTICE Of Filing Summons by Gary Davis, Joe Davis, Justin Harris, Devahn Jefferson, Keith McClinton, Donald Outlaw, E.J. Rivers, Naaman Smith (Dean, Douglas) (Entered: 07/15/2024)

July 15, 2024

July 15, 2024

PACER
6

Electronic Summons Issued as to General Mills Operations, LLC. (bmr) (Entered: 07/16/2024)

July 16, 2024

July 16, 2024

PACER
7

Joint Certificate of Interested Persons and Corporate Disclosure Statement by General Mills Operations, LLC identifying Corporate Parent General Mills, Inc. for General Mills Operations, LLC. (Lawrence, Allegra) (Entered: 08/07/2024)

Aug. 7, 2024

Aug. 7, 2024

PACER
8

Consent MOTION for Extension of Time to File Answer re 1 Complaint, by General Mills Operations, LLC. (Attachments: # 1 Text of Proposed Order)(Lawrence, Allegra) (Entered: 08/07/2024)

Aug. 7, 2024

Aug. 7, 2024

PACER

ORDER by docket entry only granting 8 Motion for Extension of Time to Answer. General Mills Operations, LLC's Answer or other response is due 9/6/2024. Signed by Magistrate Judge John K. Larkins, III on 08/08/2024. (lg)

Aug. 8, 2024

Aug. 8, 2024

PACER
9

Joint MOTION for Extension of Time For Parties to Submit Local Rule 23.1(C) Report by General Mills Operations, LLC. (Attachments: # 1 Text of Proposed Order)(Lawrence, Allegra) (Entered: 08/20/2024)

Aug. 20, 2024

Aug. 20, 2024

PACER
10

ORDER granting 9 Joint MOTION for Extension of Time For Parties to Submit Local Rule 23.1(C) Report. The parties must submit the Local Rule 23.1(C) Report by August 30, 2024. Signed by Magistrate Judge John K. Larkins, III on this 20th day of August, 2024. (pdt) (Entered: 08/20/2024)

Aug. 20, 2024

Aug. 20, 2024

PACER
11

First AMENDED COMPLAINT against All Defendants with Jury Demand filed by Donald Outlaw, Devahn Jefferson, Gary Davis, E.J. Rivers, Joe Davis, Keith McClinton, Naaman Smith, Justin Harris, Mario Floyd, Ken Harris, Rakia Levesque, Darrius Edge, Rick Childs, Laquanda Turner, Melvin Drew, Samuel Mayhan.(Dean, Douglas) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 08/21/2024)

Aug. 21, 2024

Aug. 21, 2024

Clearinghouse
12

Consent MOTION for Extension of Time to File Answer re 11 Amended Complaint,, by General Mills Operations, LLC. (Attachments: # 1 Text of Proposed Order)(Lawrence, Allegra) (Entered: 08/28/2024)

Aug. 28, 2024

Aug. 28, 2024

PACER

ORDER by docket entry only granting 12 Motion for Extension of Time to Answer. General Mills Operations, LLC's answer or other response is due 10/7/2024. Signed by Magistrate Judge John K. Larkins, III on 08/28/2024. (lg)

Aug. 28, 2024

Aug. 28, 2024

PACER
13

Joint MOTION for Extension of Time For Parties to Submit Local Rule 23.1(C) Report by General Mills Operations, LLC. (Attachments: # 1 Text of Proposed Order)(Lawrence, Allegra) (Entered: 08/29/2024)

Aug. 29, 2024

Aug. 29, 2024

PACER

ORDER by docket entry only granting 13 Motion for Extension of Time. The parties' Local Rule 23.1(C) Report is due 9/13/2024. Signed by Magistrate Judge John K. Larkins, III on 08/29/2024. (lg)

Aug. 29, 2024

Aug. 29, 2024

PACER
14

Joint MOTION for Extension of Time to Brief Class Cert and Meet Other Deadlines Pending Ruling on Motion to Dismiss with Brief In Support by Rick Childs, Gary Davis, Joe Davis, Melvin Drew, Darrius Edge, Mario Floyd, Justin Harris, Ken Harris, Devahn Jefferson, Rakia Levesque, Samuel Mayhan, Keith McClinton, Donald Outlaw, E.J. Rivers, Naaman Smith, Laquanda Turner. (Attachments: # 1 Text of Proposed Order)(Dean, Douglas) (Entered: 09/02/2024)

Sept. 2, 2024

Sept. 2, 2024

PACER
15

ORDER granting 14 Joint MOTION for Extension of Time to Brief Class Cert and Meet Other Deadlines Pending Ruling on Defendant's Partial Motion to Dismiss. Signed by Magistrate Judge John K. Larkins, III on this 3rd day of September, 2024. (pdt) (Entered: 09/03/2024)

Sept. 3, 2024

Sept. 3, 2024

PACER
16

NOTICE by Rick Childs, Gary Davis, Joe Davis, Melvin Drew, Darrius Edge, Mario Floyd, Justin Harris, Ken Harris, Devahn Jefferson, Rakia Levesque, Samuel Mayhan, Keith McClinton, Donald Outlaw, E.J. Rivers, Naaman Smith, Laquanda Turner Joint 23.1(C) Report Re: Putative Class Communications (Attachments: # 1 Text of Proposed Order)(Dean, Douglas) (Entered: 09/13/2024)

Sept. 13, 2024

Sept. 13, 2024

PACER
17

MOTION to Dismiss Under Federal Rules 12(b)(1) and 12(b)(2), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Under Federal Rule 12(b)(6) with Brief In Support by General Mills Operations, LLC. (Attachments: # 1 Brief in Support of Motion to Dismiss Lawsuit)(Lawrence, Allegra) (Entered: 09/24/2024)

Sept. 24, 2024

Sept. 24, 2024

RECAP

Case Details

State / Territory: Georgia

Case Type(s):

Equal Employment

Key Dates

Filing Date: June 2, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiffs are eight current and former employees of the defendant who currently work, or previously worked within the last four years, at General Mills’ manufacturing facility in Covington, Georgia.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

General Mills Operations, LLC, Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

State law

Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961 et seq.

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Discrimination Area:

Discipline

Disparate Treatment

Harassment / Hostile Work Environment

Hiring

Pay / Benefits

Promotion

Discrimination Basis:

Race discrimination

Affected Race(s):

Black