Case: EEOC v. KANSAS CITY SOUTHERN RAILWAY COMPANY

2:05-cv-02668 | U.S. District Court for the Eastern District of Louisiana

Filed Date: June 29, 2005

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On June 29, 2005, the EEOC's New Orleans district office filed this action on behalf of employees of the Kansas City Southern Railway Company (KCS) in the Eastern District of Louisiana. The complaint alleged that KCS had disciplined and discharged its black employees due to their race and retaliated against complaints of discrimination. The EEOC claimed KCS's actions violated Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991. The EEOC sought a permanent injun…

On June 29, 2005, the EEOC's New Orleans district office filed this action on behalf of employees of the Kansas City Southern Railway Company (KCS) in the Eastern District of Louisiana. The complaint alleged that KCS had disciplined and discharged its black employees due to their race and retaliated against complaints of discrimination. The EEOC claimed KCS's actions violated Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991. The EEOC sought a permanent injunction to enjoin the defendant from engaging in racial discrimination and to institute polices and programs to promote equal employment opportunities. The plaintiff also requested punitive damages and attorneys' fees and costs. The case was assigned to judge Sarah Vance.

On July 27, 2005, the EEOC filed an amended complaint to remove one of the employees from the statement of the claims.

In October 2005, this case was related to a case filed privately by an individual who sought to intervene against the same defendant. The case was transferred to Judge Helen C. Berrigan. Multiple individuals sought to intervene individually between October 2005 and July 2006. Eventually, the case was consolidated with all claims against KCS in Turner v. Kansas City South Railway Co. on July 25, 2006, which became the primary docket sheet. The elements for a claim of race discrimination against the employer were identical in the two consolidated cases. In November, the matter was transferred to Judge Donald E. Walter.

On March 4, 2009, the defendant filed for summary judgment in Turner, which the judge granted on May 19, 2009, dismissing all claims against defendant with prejudice. The court found for the defendant because the plaintiffs were unable to establish their burden that KCS intentionally discriminated or retaliated against them on the basis of race.

The plaintiffs appealed on July 17, 2009. On July 31, 2012 the US Court of Appeals for the Fifth Circuit remanded the case to the District Court for further proceedings. The Circuit Court affirmed the District Court's grant of KCS's motion for summary judgment on discrimination claims related to decisions to discipline certain employees, but reversed on the claims related to decisions to dismiss others. The court reasoned that KCS had not met its burden of evidence of legitimate, nondiscriminatory reasons motivating its employment decisions.

The parties settled by consent decree on January 31, 2013. KCS promised not to discriminate against any employee or applicant for employment based on their race. It agreed to provide one of the original plaintiffs with a job recommendation by a senior level manager and to consider rehiring the other. It also agreed to provide Equal Employment Opportunity training to its employees about employment discrimination. The consent decree lasted for one year and both parties agreed to pay their own attorneys' fees. The case is now closed.

Summary Authors

Shankar Viswanathan (8/11/2008)

Esther Vinarov (10/24/2018)

Related Cases

Turner v. Kansas City South Railway Company, Inc., Eastern District of Louisiana (2003)

People


Judge(s)

Walter, Donald Ellsworth (Louisiana)

Wilkinson, Joseph C. Jr. (Louisiana)

Attorneys(s) for Plaintiff

Bowne, Timothy M. (Texas)

Butler, Michelle T (Louisiana)

Graham, Nancy Eleanor (Louisiana)

Hill, Keith T. (Louisiana)

Juge, Gregory T. (Louisiana)

Sacher, James Philip (Texas)

Sustaita, Rodolfo Lucio (Texas)

Attorneys(s) for Defendant

Almon, Matthew S. (Louisiana)

Judge(s)

Walter, Donald Ellsworth (Louisiana)

Wilkinson, Joseph C. Jr. (Louisiana)

Attorneys(s) for Plaintiff

Bowne, Timothy M. (Texas)

Butler, Michelle T (Louisiana)

Graham, Nancy Eleanor (Louisiana)

Hill, Keith T. (Louisiana)

Juge, Gregory T. (Louisiana)

Sacher, James Philip (Texas)

Sustaita, Rodolfo Lucio (Texas)

Attorneys(s) for Defendant

Almon, Matthew S. (Louisiana)

Fezio, John Mark (Louisiana)

Fontham, Michael R. (Louisiana)

Gilliam, Bobby Stephen (Louisiana)

Grossman, Louis Matthew (Louisiana)

Harris, Charlie J. (Missouri)

Martucci, William C. (Missouri)

McAtee, Carrie A. (Missouri)

McPeak, Agnieszka Anna (Louisiana)

Page, Kristen A. (Missouri)

Talley, Patrick A. Jr. (Louisiana)

Wisdom, Rachel Wendt (Louisiana)

Other Attorney(s)

Cameron, Nelson Welch (Louisiana)

deBoisblanc, Donald F. (Louisiana)

Mann, Mary R (Washington)

Morgan, S. Reed (Texas)

Smith, J. Rand (Louisiana)

Documents in the Clearinghouse

Document

Docket (PACER)

Equal Employment Opportunity Commission v. Kansas City Southern Railway Company

Jan. 31, 2013 Docket
1

Complaint

Equal Employment Opportunity Commission v. Kansas City Southern Railway Company

June 29, 2005 Complaint
4

Amended Complaint and Jury Demand

Equal Employment Opportunity Commission v. Kansas City Southern Railway Company

July 27, 2005 Complaint
15

Complaint in Intervention

Equal Employment Opportunity Commission v. Kansas City Southern Railway Company

Nov. 28, 2005 Complaint
20

Order [Regarding Transfer of Venue]

Equal Employment Opportunity Commission v. Kansas City Southern Railway Company

Dec. 16, 2005 Order/Opinion
32

Complaint in Intervention

Equal Employment Opportunity Commission v. Kansas City Southern Railway Company

March 17, 2006 Complaint
47

Judgment

Equal Employment Opportunity Commission v. Kansas City Southern Railway Company

622 F.Supp.2d 374, 2009 WL 1406673

May 19, 2009 Order/Opinion
47

Judgment

Equal Employment Opportunity Commission v. Kansas City Southern Railway Company

May 19, 2009 Order/Opinion
52

Judgment

Turner v. Kansas City Southern Railway Company

U. S. Court of Appeals for the Fifth Circuit

July 31, 2012 Order/Opinion
53

Consent Decree

Turner v. Kansas City Southern Railway Company

Jan. 31, 2013 Order/Opinion

Docket

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

ECF Number Description Date Link
1

COMPLAINT against Kansas City Southern Railway Company filed by Equal Employment Opportunity Commission.(bbc, ) (Entered: 06/30/2005)

June 29, 2005
2

Summons Issued as to Kansas City Southern Railway Company. (bbc, ) (Entered: 06/30/2005)

June 29, 2005
3

WAIVER OF SERVICE Returned Executed; waiver sent to Kansas City Southern Railway Company on 6/29/2005, answer due 8/29/2005. (bbc, ) (Entered: 07/18/2005)

July 15, 2005
4

AMENDED COMPLAINT against Kansas City Southern Railway Company filed by Equal Employment Opportunity Commission.(gec, ) (Entered: 08/01/2005)

July 27, 2005
10

MOTION to Intervene by Roberta Brown. (lag, ) (Entered: 11/03/2005)

Aug. 26, 2005
5

ANSWER to Amended Complaint with Jury Demand by Defendant Kansas City Southern Railway Company.(gbw, ) (Entered: 10/18/2005)

Oct. 11, 2005
6

Statement of Corporate Disclosure by Kansas City Southern Railway Company identifying Kansas City Southern as Corporate Parent. (gbw, ) (Entered: 10/18/2005)

Oct. 11, 2005
7

Notice of Related Case(s) by Kansas City Southern Railway Company of related case(s) 05−69, 03−2742 (EDLA), 03−765 (WDLA). (gbw, ) (Entered: 10/18/2005)

Oct. 11, 2005
8

ORDER TRANSFERRING CASE. Case transferred to Judge Helen G. Berrigan and Joseph C. Wilkinson, Jr for all further proceedings. Judge Sarah S. Vance, Alma L. Chasez no longer assigned to case. Signed by Judge Sarah S. Vance on 10/17/05.(plh, ) (Entered: 10/21/2005)

Oct. 18, 2005
9

ORDER Preliminary Conference set for 12/13/2005 11:00 AM before Magistrate Judge Joseph C. Wilkinson, Jr. Signed by Judge Joseph C. Wilkinson Jr. on 10/25/05.(plh, ) (Entered: 10/31/2005)

Oct. 28, 2005
12

ORDER that all parties do not consent to proceed before a magistrate judge; the preliminary conference set for 12/13/05 is CANCELED. Signed by Judge Joseph C. Wilkinson Jr. on 11/8/05.(plh, ) (Entered: 11/10/2005)

Nov. 8, 2005
13

ORDER that the automatice referral to the Magistrate Judge is VACATED. Signed by Judge Helen G. Berrigan on 11/10/05.(plh, ) (Entered: 11/14/2005)

Nov. 10, 2005
16

MOTION by William C. Martucci to Appear Pro Hac Vice (Filing fee $5.) by Kansas City Southern Railway Company. (dno, ) (Entered: 12/01/2005)

Nov. 18, 2005
17

MOTION by Kristen A. Page to Appear Pro Hac Vice (Filing fee $5.) by Kansas City Southern Railway Company. (dno, ) (Entered: 12/01/2005)

Nov. 18, 2005
14

ORDER granting 10 Motion to Intervene . Signed by Judge Joseph C. Wilkinson Jr. on 11/28/05. (plh, ) (Entered: 11/29/2005)

Nov. 28, 2005
15

Intervenor COMPLAINT filed by Roberta Brown.(plh, ) (Entered: 11/29/2005)

Nov. 28, 2005
18

ORDER granting 16 Motion to Appear Pro Hac Vice as to William C. Martucci. Signed by Judge Sarah S. Vance on 11/28/05. (dno, ) (Entered: 12/01/2005)

Nov. 28, 2005
19

ORDER granting 17 Motion to Appear Pro Hac Vice as to Kristen A. Page. Signed by Judge Sarah S. Vance on 11/28/05. (dno, ) (Entered: 12/01/2005)

Nov. 28, 2005
20

ORDER that parties show cause why this matter should not be transferred as set forth in document. Signed by Judge Helen G. Berrigan on 12/16/05.(plh, ) (Entered: 12/19/2005)

Dec. 16, 2005
21

ANSWER to Intervenor Complaint by Defendant Kansas City Southern Railway Company.(plh, ) (Entered: 12/21/2005)

Dec. 19, 2005
22

MOTION to Transfer Venue by Kansas City Southern Railway Company. (plh, ) (Entered: 01/05/2006)

Jan. 4, 2006
23

MOTION for Extension of Transfer of Venue Briefing Deadline by Equal Employment Opportunity Commission. (plh, ) (Entered: 01/06/2006)

Jan. 4, 2006
25

MOTION to Change Designation of Trial Attorney by Equal Employment Opportunity Commission. (plh, ) (Entered: 01/06/2006)

Jan. 4, 2006
24

ORDER granting 23 Motion for Extension of Transfer of Venue Briefing Deadline . Signed by Judge Helen G. Berrigan on 1/4/06. (plh, ) (Entered: 01/06/2006)

Jan. 6, 2006
26

ORDER granting 25 Motion to Change Designation of Trial Attorney . Signed by Judge Helen G. Berrigan on 1/4/06. (plh, ) (Entered: 01/06/2006)

Jan. 6, 2006
30

MOTION to Intervene by Thomas D Turner and UNSIGNED ORDER. (plh, ) (Entered: 03/20/2006)

Jan. 31, 2006
27

BRIEF re: whether venue should be transferred and RESPONSE/MEMORANDUM in Opposition filed by Equal Employment Opportunity Commission re 22 MOTION to Transfer Case. (plh, ) (Entered: 02/01/2006)

Feb. 1, 2006
28

MOTION to Intervene by Clarence Cargo, Jesse James Frank. Motion Hearing set for 3/29/2006 11:00 AM before Magistrate Judge Joseph C. Wilkinson, Jr. (proposed original intervening cmp attached) (bbc, ) Modified on 3/7/2006 to correct referral Judge (bbc, ). (Entered: 03/02/2006)

March 1, 2006
29

Correction of Docket Entry by Clerk re 28 MOTION to Intervene should be set before Magistrate Judge Joseph C. Wilkinson, Jr. (Judge Vance & Mag Judge Chasez no longer assigned to this case, case is now before Judge Berrigan & Magistrate Wilkinson) (bbc, ) (Entered: 03/07/2006)

March 1, 2006
31

ORDER denying 22 Motion to Transfer Case AND granting 30 Motion to Intervene . Signed by Judge Helen G. Berrigan on 3/16/06. (plh, ) (Entered: 03/20/2006)

March 17, 2006
32

Intervenor COMPLAINT filed by Thomas D Turner.(plh, ) (Entered: 03/20/2006)

March 17, 2006
34

MOTION for Leave to File Exhibit to dft's Opposition to Motion to Intervene by Kansas City Southern Railway Company. (plh, ) (Entered: 03/24/2006)

March 22, 2006
35

ORDER granting 34 Motion for Leave to File . Signed by Judge Helen G. Berrigan on 3/23/06. (plh, ) (Entered: 03/24/2006)

March 23, 2006
36

ORDER denying 28 Motion to Intervene filed by Clarence Cargo & Jesse James Frank. Signed by Judge Joseph C. Wilkinson Jr. (car, ) (Entered: 03/29/2006)

March 29, 2006
37

MOTION to Appear as Additional Counsel of Record as to Jim Sacher by Equal Employment Opportunity Commission. (plh, ) (Entered: 04/11/2006)

April 6, 2006
38

ORDER granting 37 Motion to Appear . Signed by Judge Helen G. Berrigan on 4/7/06. (plh, ) (Entered: 04/11/2006)

April 10, 2006
39

NOTICE Scheduling Conference set for 5/16/2006 10:15 AM before courtroom deputy by telephone, by Clerk.(plh, ) (Entered: 05/01/2006)

May 1, 2006
40

SCHEDULING ORDER: Final Pretrial Conference set for 3/6/2007 09:00 AM before Chief Judge Helen G. Berrigan. Telephone Status Conference set for 2/6/2007 03:00 PM before Chief Judge Helen G. Berrigan. Jury Trial set for 3/26/2007 10:00 AM before Chief Judge Helen G. Berrigan. Signed by Clerk for Judge Helen G. Berrigan on 5/16/06. (Attachments: # 1 Pretrial Notice Form)(plh, ) (Entered: 05/16/2006)

May 16, 2006
41

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice as to Carrie A. McAtee (Filing fee $5.) by Kansas City Southern Railway Company. (Attachments: # 1 Exhibit)(plh, ) (Entered: 06/26/2006)

June 20, 2006
42

ORDER granting 41 Motion to Appear Pro Hac Vice as to Carrie A. McAtee. Signed by Judge Helen G. Berrigan on 6/21/06. (plh, ) (Entered: 06/26/2006)

June 22, 2006
43

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice as to Kristen A. Page (Filing fee $5.) by Kansas City Southern Railway Company. (plh, ) (Entered: 07/03/2006)

June 28, 2006
44

ORDER granting 43 Motion to Appear Pro Hac Vice as to Kristen A. Page. Signed by Judge Helen G. Berrigan on 6/28/06. (plh, ) (Entered: 07/03/2006)

June 29, 2006
45

ORDER consolidating cases 03−2742 with member case 05−2668. The clerk is to establish a master file and docket sheet. All entries are made on master docket sheet except orders and documents terminating a party or disposing of a case which will also be entered on the individual docket sheet . Signed by Judge Helen G. Berrigan on 7/25/06.(plh, ) (Entered: 07/27/2006)

July 25, 2006
46

ORDER TRANSFERRING CASE. Case transferred to Donald E Walter for all further proceedings. Judge Helen G. Berrigan no longer assigned to case. Signed by Judge Helen G. Berrigan on 11/3/08.(plh, ) (Entered: 11/04/2008)

Nov. 4, 2008
47

JUDGMENT: ORDERED that the Motion for Summary Judgment filed by Kansas City Railway Company is granted and all claims against KCS are DISMISSED with prejudice. Signed by Donald E Walter on 5/19/09.(Reference: 03−2742, 05−2668)(jtd) (Entered: 05/19/2009)

May 19, 2009
48

NOTICE OF APPEAL by Thomas D Turner as to 47 Judgment. Filing fee $ 455 paid. (Reference: 03−2742, 05−2668) (jtd) (Entered: 06/05/2009)

June 5, 2009
49

NOTICE OF APPEAL by Equal Employment Opportunity Commission as to 47 Judgment. (Reference: 03−2742, 05−2668) (jtd) (Entered: 07/23/2009)

July 17, 2009
50

CERTIFICATE of Counsel by Gregory T. Juge UNDER FED. R. APP. P. 10(b) stating that no transcript needs to be ordered in connection with appeal. (Reference: 03−2742, 05−2668)(Juge, Gregory)(cc: appeals clerk) (jtd) (Entered: 07/23/2009)

July 17, 2009
51

NOTICE OF APPEAL by Roberta Brown as to 47 Judgment. (Reference: 03−2742, 05−2668) (jtd) Modified on 8/8/2012 to terminate appeal as of 2/5/10 per USCA Order doc. #325 in master case 03cv2742(jtd). (Entered: 07/23/2009)

July 17, 2009
53

CONSENT DECREE: Decree is entered in full and complete settlement of any and all claims arising out of or contained in Civil Action 05−2668 as regards to defendant Kansas City Southern Railway. This Consent Decree constitutes a complete resolution of all claims that were made by the U.S. Equal Employment Opportunity Commission against Defendant Kansas City Southern Railway in this action as set forth in document regarding Thomas Turner and Lester Turner. EEOC and defendant shall bear their own costs and attorney's fees. This Consent Decree shall remain in effect and shall be enforceable by EEOC for one year from its entry. Signed by Judge Donald E Walter on 1/31/13.(Reference: 03cv2742, 05cv2668)(jtd) (Entered: 01/31/2013)

Jan. 31, 2013

State / Territory: Louisiana

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: June 29, 2005

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Kansas City Southern Railway Company (New Orleans, LA; Shreveport, LA;), Private Entity/Person

Defendant Type(s):

Transportation

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 0

Order Duration: 2013 - 2014

Content of Injunction:

Develop anti-discrimination policy

Hire

Provide antidiscrimination training

Reinstatement

Retaliation Prohibition

Training

Issues

General:

Disparate Treatment

Pattern or Practice

Retaliation

Discrimination-area:

Demotion

Discharge / Constructive Discharge / Layoff

Discipline

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

Private Suit Related / Consolidated with EEOC Suit