Case: EEOC v. McKesson Water Products Company

2:01-cv-09496 | U.S. District Court for the Central District of California

Filed Date: Nov. 5, 2001

Closed Date: 2007

Clearinghouse coding complete

Case Summary

In November 2001, the Los Angeles District Office of the EEOC filed this lawsuit against McKesson Water Products Co. in the U.S. District Court for the Central District of California alleging discrimination on the basis of race, African-American, in violation of Title VII of the Civil Rights Act of 1964. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. The complainants intervened in this lawsuit in November 2001. Prior to the defendant's appearan…

In November 2001, the Los Angeles District Office of the EEOC filed this lawsuit against McKesson Water Products Co. in the U.S. District Court for the Central District of California alleging discrimination on the basis of race, African-American, in violation of Title VII of the Civil Rights Act of 1964. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. The complainants intervened in this lawsuit in November 2001. Prior to the defendant's appearance in the lawsuit, the lawsuit was settled through a consent decree between the EEOC, intervenors, and the successor to the defendant, Groupe Danone in February 2002. The consent decree was amended in May 2002.

The five-year decree, containing anti-discrimination and retaliation clauses, required the successor to: make compliance reports to the EEOC, keep records, retain an EEO Consultant for monitoring, develop an anti-discrimination policy, utilize objective job descriptions and hiring/promotion criteria, follow recruitment protocols, comply with recruiting and advertising requirements, post and distribute notice of employee rights, provide EEO training, implement dispute resolution processes, develop performance evaluation policies, and pay $1,657,000 to the complainants, attorneys, and a class fund.

The decree was entered in 2002 and scheduled to last 2007. No further docket entries exist, so the case is presumably now closed.

Summary Authors

Daisy Manning (4/15/2008)

Clearinghouse (12/2/2018)

Documents in the Clearinghouse

Document

2:01-cv-09496

Docket [PACER]

Dec. 17, 2002

Dec. 17, 2002

Docket
18

2:01-cv-09496

Order Granting Settlement Class Certification and Final Approval of Class Action Settlement

Feb. 13, 2002

Feb. 13, 2002

Order/Opinion

2:01-cv-09496

Court Approves $1.2 Million Settlement Between EEOC and McKesson for Race Discrimination

No Court

March 6, 2002

March 6, 2002

Press Release
22

2:01-cv-09496

Amended Consent Decree

May 10, 2002

May 10, 2002

Settlement Agreement

Resources

Docket

Last updated March 25, 2025, 8:24 a.m.

ECF Number Description Date Link Date / Link
2

CERTIFICATION OF INTERESTED PARTIES filed by plaintiff US EEOC (jp) (Entered: 11/07/2001)

Nov. 5, 2001

Nov. 5, 2001

5

INTERVENOR'S COMPLAINT; by Steve Crutchfield, Jason Gray, Daniel Meno, Leroy Moore, Ed Washington, Derrick King, Sallie Kirby and Donnie White; summons not issued issued (bp) (Entered: 11/09/2001)

Nov. 5, 2001

Nov. 5, 2001

6

MEMORANDUM of points and authorities by intervenor plaintiffs' in support of motion for class certification and preliminary approval of class settlement. (bp) (Entered: 11/09/2001)

Nov. 5, 2001

Nov. 5, 2001

7

DECLARATION of Brad Seligman by intervenor plaintiffs' in support of motion for class certification and preliminary approval of class settlement (bp) (Entered: 11/09/2001)

Nov. 5, 2001

Nov. 5, 2001

8

DECLARATION of Antonio Lawson by intervenor plaintiffs' in support of motion for class ceritification and preliminary approval of class settlement. (bp) (Entered: 11/09/2001)

Nov. 5, 2001

Nov. 5, 2001

9

Consent Decree (bp) (Entered: 11/09/2001)

Nov. 5, 2001

Nov. 5, 2001

3

STIPULATION and ORDER that plaintiff intervenors may file a memorandum of points and authorities in support of class certification and preliminary approval of class settlement that is 30 pages in length; the clerk of the court shall file the memorandum of points and authorities in support of class certification and preliminary approval of class settlement by Judge Florence-Marie Cooper (bp) (Entered: 11/08/2001)

Nov. 7, 2001

Nov. 7, 2001

4

STIPULATION and ORDER that Crown Arbuckle, Derrick King, Sallie Kirby, Steve Crutchfield, Jason Gray, Daniel Meno, Leroy Moore, Ed Washington, and Donnie White may intervene in this action; The plaintiff-intervenors shall have the same rights as other parties to participate in this action; the clerk of the court shall file the complaint in intervention by Judge Florence-Marie Cooper (bp) (Entered: 11/08/2001)

Nov. 7, 2001

Nov. 7, 2001

10

STIPULATION and ORDER that the hearing on plaintiff-intervenors' motion for class certification and for preliminary approval of class settlement is set for 11/19/01, at 10:00 a.m. by Judge Florence-Marie Cooper (bp) (Entered: 11/09/2001)

Nov. 7, 2001

Nov. 7, 2001

11

RETURN OF SUMMONS AND PROOF OF SERVICE; The following parties were mailed the S/C: Antonio M. Lawson, Theresa M. Traber, Brad Seligman, and Michael Harrison. Service by statute not cited. (bp) (Entered: 11/14/2001)

Nov. 13, 2001

Nov. 13, 2001

12

AMENDED PROOF OF SERVICE executed upon defendant McKesson Water Products; Service by Not Specified on 11/14/01 via mail service by serving S/C (pc) (Entered: 11/15/2001)

Nov. 14, 2001

Nov. 14, 2001

13

STIPULATION and ORDER that the hearing on the motion for class certification and preliminary approval of class settlement is rescheduled for 11/26/01 by Judge Florence-Marie Cooper (bp) (Entered: 11/15/2001)

Nov. 14, 2001

Nov. 14, 2001

14

ORDER granting preliminary approval of class settlement by Judge Florence-Marie Cooper IN COURT HEARING RE: formal fairness hearing set on 10:00 12/3/01 (ENT 11/15/01) (bp) Modified on 11/15/2001 (Entered: 11/15/2001)

Nov. 15, 2001

Nov. 15, 2001

16

DECLARATION of Antonio Lawson in support of final approval of class settlement by plaintiff US EEOC (bp) (Entered: 02/07/2002)

Feb. 5, 2002

Feb. 5, 2002

17

MINUTES: Fairness hearing held . The court finds the settlement is fair and approves the certification of the class and the settlement. Parties shall submit the proposed judgment to the court for signature by Judge Florence-Marie Cooper CR: Pat Cuneo (bp) (Entered: 02/12/2002)

Feb. 11, 2002

Feb. 11, 2002

18

ORDER granting settlement class certification and final approval of class action by Judge Florence-Marie Cooper The court certifies the settlement class and concludes that the class settlement is fair, adequate and reasonable under FRCP 23(e) and the standards set forth in Hanlon v. Chrysler, 150 F.3d 1011 (9thCir. 19998) terminating case (MD JS-6) (bp) (Entered: 02/14/2002)

Feb. 13, 2002

Feb. 13, 2002

19

DECLARATION of Antonio Lawson re proposed class monetary distribution list by intervenor plaintiff (bp) (Entered: 04/05/2002)

April 5, 2002

April 5, 2002

20

DECLARATION of ANTONIO LAWSON by intervenor plaintiff in suppt of stipulation amending consent decree (jp) (Entered: 05/09/2002)

May 8, 2002

May 8, 2002

21

STIPULATION and ORDER amending consent decree by Judge Florence-Marie Cooper. The date for developing a racial harassment policy pursuant to section XVI(B) of the consnet decree be extended from June 11, 2002 to July 19, 2002 (see document for details) (bp) (Entered: 05/10/2002)

May 8, 2002

May 8, 2002

22

AMENDED CONSENT DECREE by Judge Florence-Marie Cooper. In full settlement of all claims for monetary relief by members of class, successor shall pay the sum of $1,145,500 on or before July 1, 2001 for deposit at an interest bearing account. The Successor shall pay the sum of $99,500 ("Individually Named Intervenors' Fund") on or before July 2001. Individually named investors' fund shall be distributed as follows: Steve Crutchfiled, Jason Gray, Leroy Moore and Ed Washington shall each receive $14,000.00. Individually named intervenors Daniel Meno, Derrick King and Donnie White shall each receive $11,500.00. Individually Named Intervenor Sallie Kirby shall receive $9,000.00. Additionally, each individual named intervenor shall be eligible to participate in the distribution of the class fund. (see document for details) (bp) (Entered: 05/10/2002)

May 8, 2002

May 8, 2002

23

ORDER approving monetary distribution and the amended consent decree, the court approves the distribution of the settlement funds as set forth in exhibit 1 attached hereto by Judge Florence-Marie Cooper (bp) Modified on 07/25/2002 (Entered: 07/25/2002)

July 24, 2002

July 24, 2002

24

STIPULATION and ORDER approving monetary distribution. Defendant Nathaniel Smiley should have been a member of the class Mr. Smiley was employed as an rout sales representative/senior account representative from April 29, 1996 to September 15, 1997, or 18 months. Using the share point value derived from the class, Mr. Smiely's settlement amount is $1,160.00. Defendant agrees to pay Mr. Smiley's settlement amount separately by Judge Florence-Marie Cooper (bp) (Entered: 07/25/2002)

July 24, 2002

July 24, 2002

25

MINUTES before Judge Florence-Marie Cooper: ORDER ON CORRESPONDENCE (In Chambers): The Court has reviewed correspondence from Bill Lann Lee and the attached exhibits, dated 10/31/02, concerning the propriety of Mr. Lee's service as special master for the resolution of disputes arising under the Amended Consent Decree. The Court is staisfied that no conflict of interest is created by Mr. Lee's representation, and approves his service as special master in this matter. CR: N/P (jp) (Entered: 11/04/2002)

Nov. 1, 2002

Nov. 1, 2002

26

DECLARATION of KENDRA L. TANACEA RE: DISTRIBUTION OF CLASS FUND AND ORDER by Judge Florence-Marie Cooper that the remainder of the class fund, plus interest, shall be distributed to the United Negro Colle Fund to further educational opportunities for African Americans in accordance with the Consent Decree in this matter. (jp) (Entered: 12/19/2002)

Dec. 17, 2002

Dec. 17, 2002

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Nov. 5, 2001

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

McKesson Water Products Co. (Los Angeles, California), Private Entity/Person

Case Details

Causes of Action:

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

State Anti-Discrimination Law

Available Documents:

Trial Court Docket

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

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Utilize objective job description

Utilize objective hiring/promotion criteria

Follow recruitment, hiring, or promotion protocols

Comply with advertising/recruiting requirements

Other requirements regarding hiring, promotion, retention

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Auditing

Monitoring

Amount Defendant Pays: 1657000

Order Duration: 2002 - 2007

Issues

Discrimination Area:

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

Discipline

Disparate Treatment

Harassment / Hostile Work Environment

Pay / Benefits

Promotion

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit