Case: Tucker v. Walgreen Company

3:05-cv-00440 | U.S. District Court for the Southern District of Illinois

Filed Date: June 20, 2005

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On June 20, 2005, several African American employees filed a putative class action racial discrimination lawsuit against their employer, the Walgreen Company [Walgreens], in the U.S. District Court for the Southern District of Illinois in East St. Louis, pursuant to Title VII of the Civil Rights Act of 1964, as amended, ["Title VII"] and 42 U.S.C. § 1981. The plaintiffs alleged that Walgreens practiced nationwide systemic racial discrimination against its African-American management employees b…

On June 20, 2005, several African American employees filed a putative class action racial discrimination lawsuit against their employer, the Walgreen Company [Walgreens], in the U.S. District Court for the Southern District of Illinois in East St. Louis, pursuant to Title VII of the Civil Rights Act of 1964, as amended, ["Title VII"] and 42 U.S.C. § 1981. The plaintiffs alleged that Walgreens practiced nationwide systemic racial discrimination against its African-American management employees by: (1) denying African-Americans selection for entry level positions of Assistant Manager/Management Trainees; (2) denying promotions to African-American employees in retail and pharmacy career paths, and in district and corporate management; and (3) making store assignments to African-American management trainees, managers, and pharmacists by steering them into stores which fall into predominately African-American and/or lower income peer groups.

The plaintiffs, represented by private counsel, sought declaratory and injunctive relief, and compensatory and punitive damages. The plaintiffs also sought class certification on behalf of all former, current, and future African-American management employees and applicants for management nationwide, as well as for current and former African-American pharmacists.

On September 22, 2006, the plaintiffs filed a second amended complaint, over defendant's objection. The defendant then moved to dismiss the plaintiffs' disparate impact claims and certain claims of a named plaintiff.

On December 4, 2006, following a hearing, the District Court (Judge G. Patrick Murphy) denied Walgreens' motion to dismiss.

At the request of the parties and the mediator Mr. Hunter Hughes, the District Court (Judge Murphy) issued a stay of the action for 60 days so that settlement negotiations could continue. The Stay was lifted on March 7, 2007 by Judge Murphy and the case was reset for a status conference on April 23, 2007.

Also on March 7, 2007, the EEOC filed a separate racial discrimination lawsuit against Walgreens in the U.S. District Court for the Southern District of Illinois. That case was styled EEOC v. Walgreen Company, 07-cv-00172-MJR-CJP [EE-IL-257 in the Clearinghouse -- linked under "related cases"]. On March 12, 2007, the EEOC filed a motion to consolidate the EEOC case with the Tucker v. Walgreen Company case.

The motion to consolidate was granted by Judge Murphy on April 23, 2007 and the parties to both cases were ordered to file all further pleadings in the Tucker case, Case No. 05-440-GPM-CJP. Judge Murphy also allowed another individual to intervene as a party plaintiff. She filed her Complaint in Intervention on April 26, 2007.

The District Court conditionally certified the Settlement Class on October 5, 2007 as "All African Americans who are or were employed by Walgreens in a Management Trainee, Executive Assistant Manager, Store Manager, Pharmacist, or Pharmacy Manager position for any length of time between June 20, 2001, and the Preliminary Approval Date."

On March 24, 2008, Judge Murphy approved a consent decree pursuant to which a settlement fund of $24,407,500 was established to be distributed among class members, representatives and to cover attorney fees and expenses. Additionally, the consent decree called for injunctive relief in the form of requiring Walgreen to abide by all applicable laws, to retain consultants to review its employment processes, to establish Promotional Benchmarks for the selection of African Americans, and to create a non-discrimination training program to all employees in relevant positions. The decree was scheduled to last (and be enforceable) for 5 years.

On Sept 21, 2011, Judge Murphy approved the parties' agreement that Walgreens reimburse the now closed Qualified Settlement Fund by making direct payments to the late-appearing class members whose shares were not paid previously because said class members did not surface until after the disbursement of the settlement funds.

There are no further docket entries. So presumably, the case closed as scheduled in 2013, five years after entry of the consent decree.

Summary Authors

David Miller (4/28/2010)

Sichun Liu (2/1/2019)

Related Cases

EEOC v. Walgeen Company, Southern District of Illinois (2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4754471/parties/tucker-v-walgreen-company/


Judge(s)

Murphy, G. Patrick (Illinois)

Proud, Clifford J. (Illinois)

Attorneys(s) for Plaintiff

Baller, Morris J. (California)

Baran, Andrea G. (Kansas)

Coopman, Amy L. (Missouri)

Curtin, Nora E. (Florida)

Demchak, Teresa (California)

Elliott-Clement, Wendee N. (Missouri)

Foland, W. James (Missouri)

Jaramillo, Joseph E. (California)

Judge(s)

Murphy, G. Patrick (Illinois)

Proud, Clifford J. (Illinois)

Attorneys(s) for Plaintiff

Baller, Morris J. (California)

Baran, Andrea G. (Kansas)

Coopman, Amy L. (Missouri)

Curtin, Nora E. (Florida)

Demchak, Teresa (California)

Elliott-Clement, Wendee N. (Missouri)

Foland, W. James (Missouri)

Jaramillo, Joseph E. (California)

Kamp, Jean P. (Illinois)

Klosener, Tiffany B (Missouri)

Seely, Barbara A. (Missouri)

Smith, Tequiero (Missouri)

Spriggs, Peter Kent (Florida)

Attorneys(s) for Defendant

Barner, Rachel F. (Illinois)

Bateman, Paul E. (Illinois)

Gaur, Shanthi V. (Illinois)

Hogan, Margaret P. (Illinois)

Hult, Keith C. (Illinois)

King, Allan G. (Texas)

Peters, Thomas R. (Illinois)

Picou, Curtis R. (Illinois)

Ramsey, Amy Schaefer (Illinois)

Ybarra, John A. (Illinois)

Other Attorney(s)

Favre, JoDee (Illinois)

Expert/Monitor/Master

Johnson, Robert G. (Missouri)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 21, 2011 Docket
37

Plaintiffs’ Motion to Compel Responses to Plaintiffs’ First Request for Production of Documents

Oct. 28, 2005 Pleading / Motion / Brief
37-13

Statistical Analysis of Gender Patterns in Wal-Mart Workforce (by Richard Drogin, Ph. D.)

Oct. 28, 2005 Monitor/Expert/Receiver Report
37-16

Declaration of Marc Bendick, Jr., Ph.D.

Oct. 28, 2005 Monitor/Expert/Receiver Report
48-3

Supplementary Declaration of Marc Bendick, Jr., Ph.D.

Dec. 12, 2005 Monitor/Expert/Receiver Report
86

Second Amended Complaint

Sept. 22, 2006 Complaint
112-1

Complaint in Intervention

EEOC and Phillips v. Walgreen Co.

April 26, 2007 Complaint
125

Memorandum and Order

2007 WL 2915578

Oct. 5, 2007 Order/Opinion
136

Consent Decree

March 24, 2008 Settlement Agreement
138

Joint Motion For Entry Of Order Necessary to Implement Relief Under Consent Decree

Aug. 11, 2011 Pleading / Motion / Brief

Resources

Title Description External URL

Wal-Mart Matters

Lesley Wexler

Wal-Mart is the largest private employer in the United States, with more than one million current employees. Its employment practices directly affect over one percent of the American workforce. Moreo… Jan. 1, 2011 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1799627

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4754471/tucker-v-walgreen-company/

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

ECF Number Description Date Link
1

Complaint

1 Civil Cover Sheet

View on PACER

June 20, 2005 PACER
2

Motion and Order to Appear Pro Hac Vice

June 20, 2005 PACER
3

Motion and Order to Appear Pro Hac Vice

June 20, 2005 PACER
4

Motion and Order to Appear Pro Hac Vice

June 20, 2005 PACER
5

Letter

June 22, 2005 PACER
6

CJRA Track

June 30, 2005 PACER
7

Request for Waiver of Service

July 7, 2005 PACER
8

Waiver of Service Executed

July 7, 2005 PACER
9

Motion and Order to Appear Pro Hac Vice

July 7, 2005 PACER
10

Notice of Scheduling and Discovery Conference

July 26, 2005 PACER
11

Amended Complaint

Aug. 1, 2005 PACER
12

Notice of Appearance

Aug. 3, 2005 PACER
13

Motion and Order to Appear Pro Hac Vice

Aug. 5, 2005 PACER
14

Motion and Order to Appear Pro Hac Vice

Aug. 5, 2005 PACER
15

Motion and Order to Appear Pro Hac Vice

Aug. 5, 2005 PACER
16

Motion and Order to Appear Pro Hac Vice

Aug. 5, 2005 PACER
17

Motion and Order to Appear Pro Hac Vice

Aug. 5, 2005 PACER
18

Notice of Appearance

Aug. 10, 2005 PACER
19

Motion to Continue

Aug. 10, 2005 PACER
20

Motion for Extension of Time to File Answer

Aug. 10, 2005 PACER
21

Corporate Disclosure Statement

Aug. 10, 2005 PACER
22

Notice Striking Electronically Filed Documents

Aug. 11, 2005 PACER
23

Response

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

Aug. 12, 2005 PACER
24

Reply to Response to Motion

1 Exhibit Correspondence to Kent Spriggs

View on PACER

Aug. 12, 2005 PACER
25

Order on Motion to Continue

Aug. 16, 2005 PACER
26

Order on Motion for Extension of Time to Answer

Aug. 16, 2005 PACER
27

Motion and Order to Appear Pro Hac Vice

Aug. 19, 2005 PACER
28

Motion and Order to Appear Pro Hac Vice

Aug. 19, 2005 PACER
29

Motion and Order to Appear Pro Hac Vice

Aug. 19, 2005 PACER
30

Notice of Appearance

Aug. 22, 2005 PACER
31

Notice (Other)

Aug. 22, 2005 PACER
32

Scheduling Conference

Aug. 22, 2005 PACER
33

Terminate Hearings

1 Joint Report

View on PACER

Aug. 22, 2005 PACER
34

Notice (Other)

Sept. 1, 2005 PACER
35

Notice Striking Electronically Filed Documents

Sept. 2, 2005 PACER
36

Answer to Amended Complaint

Sept. 2, 2005 PACER
37

Motion to Compel

Oct. 28, 2005 PACER
38

Response

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

View on PACER

Nov. 14, 2005 PACER
39

Reply to Response to Motion

1 Exhibit Exhs A-B

View on PACER

2 Exhibit Exhs C-E

View on PACER

3 Exhibit Exhs F-G

View on PACER

Nov. 18, 2005 PACER
40

ORDER granting in part and denying in part 37 Motion to Compel. Parties shall submit proposed protective order by 12/10/05. If no action is taken by 12/13/05, defendant WalGreens shall produce documents in accordance with this Order. Signed by Judge Clifford J. Proud on 11/22/05. (amv)

Nov. 22, 2005 RECAP
41

Objection

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

Dec. 7, 2005 PACER
42

Motion for Hearing

Dec. 7, 2005 PACER
43

Motion to Stay

Dec. 7, 2005 PACER
44

Motion to Compel

Dec. 7, 2005 PACER
45

Memorandum in Support of Motion

Dec. 7, 2005 PACER
46

Exhibit

1 Exhibit 1 part 1

View on PACER

2 Exhibit 1 part 2

View on PACER

3 Exhibit 1 part 3

View on PACER

4 Exhibit 2A part 1

View on PACER

5 Exhibit 2A part 2

View on PACER

6 Exhibit 2A part 3

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7 Exhibit 2A part 4

View on PACER

8 Exhibit 2B part 1

View on PACER

9 Exhibit 2B part 2

View on PACER

10 Exhibit 2C part 1

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11 Exhibit 2C part 2

View on PACER

12 Exhibit 3

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13 Exhibit 4

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14 Exhibit 5

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15 Exhibit 6 part 1

View on PACER

16 Exhibit 6 part 2

View on PACER

17 Exhibit 7

View on PACER

Dec. 8, 2005 PACER
47

Order

Dec. 9, 2005 PACER
48

Memorandum in Opposition to Motion

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

Dec. 12, 2005 PACER
49

Motion for Protective Order

Dec. 12, 2005 PACER
50

Notice of Deficiencies

Dec. 15, 2005 PACER
51

Order on Motion for Protective Order

Dec. 16, 2005 PACER
52

Reply to Response to Motion

1 Exhibit 1

View on PACER

Dec. 19, 2005 PACER
53

ORDER: DENYING 42 MOTION for Hearing re 41 Objection to Magistrate Judge's November 22, 2005 Order filed by Walgreen Company. Mag/Judge Proud's 11/22/05 Order is AFFIRMED. Signed by Judge G. Patrick Murphy on 12/19/05. (lmc)

Dec. 20, 2005 RECAP
54

Memorandum in Opposition to Motion

1 Exhibit 1-3 with Index

View on PACER

Dec. 20, 2005 PACER
55

Reply to Response to Motion

Dec. 27, 2005 PACER
56

Motion for Protective Order

Dec. 27, 2005 PACER
57

Memorandum in Support of Motion

1 Exhibit Affidavits of Alex Siskos and Kurt Steffen

View on PACER

Dec. 27, 2005 PACER
58

Memorandum in Opposition to Motion

1 Affidavit Ex 1

View on PACER

2 Exhibit 2

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3 Exhibit 2A

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 5A

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8 Exhibit 6

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9 Exhibit 7

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10 Affidavit Ex. 8

View on PACER

Jan. 6, 2006 PACER
59

Reply to Response to Motion

1 Exhibit 1

View on PACER

Jan. 13, 2006 PACER
60

Order on Motion for Protective Order

1 Protective Order

View on PACER

Feb. 9, 2006 PACER
61

Status Conference

Feb. 17, 2006 PACER
62

Motion for Extension of Time

Feb. 23, 2006 PACER
63

Motion and Order to Appear Pro Hac Vice

Feb. 23, 2006 PACER
64

Motion and Order to Appear Pro Hac Vice

Feb. 23, 2006 PACER
65

Order on Motion for Extension of Time

March 9, 2006 PACER
66

Motion for Extension of Time

March 27, 2006 PACER
67

Order on Motion for Extension of Time

March 28, 2006 PACER
68

Motion and Order to Appear Pro Hac Vice

April 3, 2006 PACER
69

Motion to Withdraw as Attorney

April 19, 2006 PACER
70

Order on Motion to Withdraw as Attorney

April 20, 2006 PACER
71

Motion for Leave to File

April 21, 2006 RECAP
72

Notice of Deficiencies

April 24, 2006 PACER
73

Response in Opposition to Motion

1 Exhibit 1: Page Deposition Excerpts

View on PACER

2 Exhibit 2: Wafford Charge

View on PACER

3 Exhibit 3: Wafford application

View on PACER

4 Exhibit 4: Management Trainee Job Description

View on PACER

5 Exhibit 5-Part I: Plaintiffs' Charges

View on PACER

6 Exhibit 5-Part II - Plaintiffs' Charges

View on PACER

7 Exhibit 6: Determination

View on PACER

May 5, 2006 RECAP
74

Motion for Leave to File

1 Exhibit A: Pacheco v. Norman Mineta opinion

View on PACER

May 9, 2006 PACER
75

Motion for Leave to File Excess Pages

May 12, 2006 PACER
76

Reply to Response to Motion

1 Exhibit Walford Decl.

View on PACER

May 12, 2006 PACER
77

Motion to Stay

June 29, 2006 PACER
78

Status Conference

June 29, 2006 PACER
79

Order on Motion to Compel

June 29, 2006 PACER
80

ORDER, Granting 77 JOINT MOTION to Stay Status Conference set for 9/1/2006 10:00 AM in East St. Louis Court House before Mag/Judge Clifford J. Proud. Signed by Judge Clifford J. Proud on 6/30/06. (amv)

June 30, 2006 RECAP
81

Status Conference

Sept. 1, 2006 PACER
82

Order on Motion for Leave to File

Sept. 6, 2006 RECAP
83

Order

Sept. 6, 2006 PACER
84

Motion for Extension of Time

Sept. 14, 2006 PACER
85

Order on Motion for Extension of Time

Sept. 15, 2006 PACER
86

Amended Complaint

Sept. 22, 2006 PACER
87

Motion to Dismiss

Oct. 6, 2006 PACER
88

Answer to Complaint

Oct. 6, 2006 PACER
89

Memorandum in Support of Motion

1 Exhibit A-Charges of Discrimination Part 1

View on PACER

2 Exhibit A-Charges of Discrimination-Part 2

View on PACER

3 Exhibit B-Determination

View on PACER

Oct. 6, 2006 PACER
90

Notice of Hearing on Motion

Oct. 12, 2006 PACER
91

Motion for Extension of Time

Oct. 25, 2006 PACER
92

Notice of Deficiencies

Oct. 26, 2006 PACER
93

Order on Motion for Extension of Time

Oct. 27, 2006 PACER
94

Notice of Cancellation of Hearing

Oct. 27, 2006 PACER
95

Memorandum in Opposition to Motion

1 Exhibit Second Amended Complaint

View on PACER

Nov. 8, 2006 PACER
96

Affidavit

1 Exhibit A - 3/16/06 Letter from Demchak to Ybarra

View on PACER

Nov. 8, 2006 PACER
97

Motion for Extension of Time

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

Nov. 9, 2006 PACER
98

Request for Admissions

1 Notice of Striking

View on PACER

Nov. 14, 2006 PACER
99

Request for Admissions

1 Exhibit Document referred to in Request No. 32

View on PACER

Nov. 14, 2006 PACER
100

Order on Motion for Extension of Time

Nov. 14, 2006 PACER

State / Territory: Illinois

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: June 20, 2005

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All African Americans who are or were employed by Walgreens in any Covered Position, for any length of time, between June 20, 2001, and the Preliminary Approval Date (start and end dates inclusive)

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Walgreen Company (Deerfield), Private Entity/Person

Defendant Type(s):

Retailer

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)

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: $24,407,500

Order Duration: 2008 - 2013

Content of Injunction:

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Goals (e.g., for hiring, admissions)

Implement complaint/dispute resolution process

Monitoring

Other requirements regarding hiring, promotion, retention

Promotion

Recordkeeping

Training

Issues

General:

Disparate Impact

Pattern or Practice

Discrimination-area:

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

Promotion

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Private Suit Related / Consolidated with EEOC Suit

National Origin/Ethnicity:

Other