Case: Wilson v. Cendant Corporation

3:04-cv-01133 | U.S. District Court for the Middle District of Tennessee

Filed Date: Jan. 22, 2004

Closed Date: Oct. 28, 2007

Clearinghouse coding complete

Case Summary

On January 22, 2004 a group of Fairfield Resorts employees filed this class action lawsuit against Cendant Corporation, Fairfield Resorts, and 15 individuals working at Fairfield Resorts in the U.S. District Court for the Middle District of Tennessee, Nashville Division. On February 18, 2005 the complaint against Cendant Corporation, the parent corporation to Fairfield Resorts, was dropped. The plaintiffs sued Fairfield Resorts and individual employees under Title VII of the Civil Rights Act, 4…

On January 22, 2004 a group of Fairfield Resorts employees filed this class action lawsuit against Cendant Corporation, Fairfield Resorts, and 15 individuals working at Fairfield Resorts in the U.S. District Court for the Middle District of Tennessee, Nashville Division. On February 18, 2005 the complaint against Cendant Corporation, the parent corporation to Fairfield Resorts, was dropped. The plaintiffs sued Fairfield Resorts and individual employees under Title VII of the Civil Rights Act, 42 U.S.C. 2000, and 42 U.S.C. 1981. The plaintiffs, represented by private counsel, asked the court for injunctive and equitable relief, as well as compensatory and punitive damages.

The plaintiffs were filing suit over alleged sexual harassment, gender discrimination, and retaliation they experienced on the job. On July 8, 2005 the plaintiffs and defendants brought a joint motion for preliminary approval of a proposed consent decree. The consent decree included monetary relief for all female employees who filed complaints with human resources, and between $75,000 and $250,000 for the named parties in the settlement. It required a commitment from the defendant to ensure equal employment opportunities for female employees and applicants.

On October 28, 2005, Judge William J. Haynes approved the consent decree. The consent decree ordered the defendant to pay a total of $550,000 to the five complainants. It further ordered the defendant to commit to equal employment opportunities for female employees; revise its policy and trainings on sexual harassment, including a Zero-Tolerance Policy; modify its complaint system to ensure complaining parties receive information about corrective actions taken; and impose substantial discipline procedures for sexual harassment and gender discrimination. The decree left open the opportunity for the plaintiff to move for attorney fees.

On January 25, 2006, Judge Haynes granted the plaintiff's unopposed motions for attorney's fees in the total of $1,439,235.00.

After the initial joint motion for approval of the consent decree, one plaintiff severed his case. He submitted a separate complaint against the same parties under Title VII and 42 U.S.C. 2000. The plaintiff asked the court for compensatory and punitive damages. He alleged that he was retaliated against after opposing the sexual harassment and gender discrimination he witnessed at Fairfield Resorts.

The docket indicates no findings on the second plaintiff’s complaints.

Summary Authors

Gabriela Hybel (11/21/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12146312/parties/wilson-v-cendant-corporation/


Judge(s)

Haynes, William Joseph Jr. (Tennessee)

Attorney for Plaintiff

Goldblatt, Lisa A. (District of Columbia)

Gonzalez, Jerry (Tennessee)

Attorney for Defendant

Crenshaw, Waverly David Jr. (Tennessee)

Fisher, Jason D. (Tennessee)

show all people

Documents in the Clearinghouse

Document

3:04-cv-01133

Docket [PACER]

Feb. 27, 2006

Feb. 27, 2006

Docket
35

3:04-cv-01133

Third Amended Complaint

Pennington v. Cendant Corporation, Fairfield Resorts, Labelle, Higdon, and Barnes

Oct. 14, 2005

Oct. 14, 2005

Complaint
15-2

3:04-cv-01133

Consent Decree

Wilson v. Fairfield Resorts

Oct. 28, 2005

Oct. 28, 2005

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12146312/wilson-v-cendant-corporation/

Last updated Feb. 7, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (NO Summonses issued at this time/see cover letter for details) Filing fee paid in the amount of $150, Receipt #102524 (af) (Entered: 12/27/2004)

Dec. 22, 2004

Dec. 22, 2004

PACER
2

NOTICE of ICMC set for 2:00 p.m. on 2/14/05 before Judge Haynes (af) (Entered: 12/27/2004)

Dec. 22, 2004

Dec. 22, 2004

PACER
3

ATTORNEY APPEARANCE for all defts by Waverly D. Crenshaw, Jr. of Waller, Lansden, Dortch & Davis, PLLC (af) (Entered: 12/27/2004)

Dec. 22, 2004

Dec. 22, 2004

PACER
4

MOTION by pltfs for thirty day extension of time for initial case management conference (w/proposed order) (jb) (Entered: 02/09/2005)

Feb. 8, 2005

Feb. 8, 2005

PACER
5

MOTION by pltfs for extension of time to file motion for class certification (jb) (Entered: 02/09/2005)

Feb. 8, 2005

Feb. 8, 2005

PACER
6

ORDER by Judge William J. Haynes Jr. granting motion for thirty day extension of time for initial case management conference [4-1]. EOD 2/11/05 (cc: all counsel) (gi) (Entered: 02/11/2005)

Feb. 9, 2005

Feb. 9, 2005

PACER
7

ORDER by Judge William J. Haynes Jr. granting motion for extension of time until 120 days after the initial case management conference to file motion for class certification [5-1]. EOD 2/11/05 (cc: all counsel) (gi) (Entered: 02/11/2005)

Feb. 9, 2005

Feb. 9, 2005

PACER
8

MOTION by pltfs for attorneys David W. Sanford and Lisa A. Goldblatt to appear pro hac vice (certificates of good standing to be filed separately)(PHV fees paid) (gi) (Entered: 02/14/2005)

Feb. 14, 2005

Feb. 14, 2005

PACER
10

CLERK'S RESUME : ICMC held 2/14/05 . Court will hold off on entering a CMO; pltf has 2 wks to decide if there is a need to file a motion; if not, pltf has until the end of Feb; both responses are due the end of March and replies a week thereafter. C/R : Peggy Turner (hv) (Entered: 02/15/2005)

Feb. 14, 2005

Feb. 14, 2005

PACER
9

ORDER by Judge William J. Haynes Jr. granting motion for attorneys David W. Sanford [8-1] and Lisa A. Goldblatt to appear pro hac vice [8-2] by pltfs. EOD 2/15/05 (cc: all counsel) (gi) (Entered: 02/15/2005)

Feb. 15, 2005

Feb. 15, 2005

PACER
11

NOTICE by pltfs of filing certificates of good standing for Lisa Goldblatt and David Sanford (gi) (Entered: 02/18/2005)

Feb. 17, 2005

Feb. 17, 2005

PACER
12

CERTIFICATE of Good Standing from USDC, District of MD, for David Weissbord Sanford filed by pltfs (gi) (Entered: 02/18/2005)

Feb. 17, 2005

Feb. 17, 2005

PACER
13

CERTIFICATE of Good Standing from USDC, District of MD, for Lisa Ann Goldblatt filed by pltfs (gi) (Entered: 02/18/2005)

Feb. 17, 2005

Feb. 17, 2005

PACER
14

AMENDED COMPLAINT-CLASS ACTION [1-1] by pltfs terminating deft Cendant Corporation; jury demand (gi) (Entered: 02/22/2005)

Feb. 18, 2005

Feb. 18, 2005

PACER
15

Joint MOTION for Settlement (Requesting Preliminary Approval of Proposed Consent Decree) by John "Dave" Labelle, Tim Hurley, Danny Higdon, Todd Griffin, Devon Boyd, Pat Doyle, Rob Crawford, Scott Roberson, James Graves, Ray Moore, Patricia Wilson, Mike Pierce, Mike Thompson, Daric Fail, Renita Chadwell, Teresa Faw, Tamara Pacwa, Shannon Matthews, George "Chip" Pennington, Cendant Corporation, Fairfield Resorts, Inc., Mickey Ruggiero. Responses due by 7/25/2005 (Attachments: # 1 Exhibit 1 Proposed Court-Approved Consent Decree# 2 Exhibit 1A Important Notice of Class Action Settlement# 3 Exhibit 1B Type I Claim For Settlement Award From Fairfield Resorts# 4 Exhibit 1C Type II (Arbitration) Claim for Settlement Award from Fairfield Resorts# 5 Exhibit 1D Type I Full and Final Release of Claims# 6 Exhibit 1E Type II Full and Final Release of Claims# 7 Exhibit 1F-1 Release of Claims (Wilson)# 8 Exhibit 1F-2 Release of Claims (Chadwell)# 9 Exhibit 1F-3 Release of Claims (Faw)# 10 Exhibit 1F-4 Release of Claims (Pacwa)# 11 Exhibit 1F-5 Release of Claims (Matthews)# 12 Exhibit 1G Joint Stipulation of Dismissal with Prejudice# 13 Exhibit 2 Order Preliminarily Approving Proposed Consent Decree)(Crenshaw, Waverly) (Entered: 07/08/2005)

July 8, 2005

July 8, 2005

PACER
16

ORDER preliminarily approving 15 proposed consent decree. Fairness hearing to be held on 10/21/05 at 1:30. Any member of the settlement class may object to the proposed consent decree by filing an objection by 9/16/05. Settlement class members who wish to exclude themselves from the settlement must do so in writing. Requests to opt out must be received by the Clerk of the USDC by 9/16/05. Signed by Judge William J. Haynes on 7/12/05. (gi, ) (Entered: 07/14/2005)

July 12, 2005

July 12, 2005

PACER
17

Joint MOTION to Continue Fairness Hearing by John "Dave" Labelle, Tim Hurley, Danny Higdon, Todd Griffin, Devon Boyd, Pat Doyle, Rob Crawford, Scott Roberson, James Graves, Ray Moore, Patricia Wilson, Mike Pierce, Mike Thompson, Daric Fail, Renita Chadwell, Teresa Faw, Tamara Pacwa, Shannon Matthews, George "Chip" Pennington, Cendant Corporation, Fairfield Resorts, Inc., Mickey Ruggiero. Responses due by 8/15/2005 (Crenshaw, Waverly) (Entered: 07/29/2005)

July 29, 2005

July 29, 2005

PACER
18

ORDER granting 17 Motion to Continue Fairness Hearing to 10/28/05 at 1:30 pm: counsel must provide prompt notice to the class of this resetting and provide a copy of such notice to the Court. Signed by Judge William J. Haynes on 8/4/05. (hv) (Entered: 08/04/2005)

Aug. 4, 2005

Aug. 4, 2005

PACER
19

NOTICE of Filing by John "Dave" Labelle, Tim Hurley, Danny Higdon, Todd Griffin, Devon Boyd, Pat Doyle, Rob Crawford, Scott Roberson, James Graves, Ray Moore, Patricia Wilson, Mike Pierce, Mike Thompson, Daric Fail, Renita Chadwell, Teresa Faw, Tamara Pacwa, Shannon Matthews, George "Chip" Pennington, Fairfield Resorts, Inc., Mickey Ruggiero of Amended Notice of Proposed Class Action Settlement and Fairness Hearing (Attachments: # 1 Exhibit A (Amended Notice of Proposed Class Action Settlement and Fairness Hearing))(Crenshaw, Waverly) (Entered: 08/08/2005)

Aug. 8, 2005

Aug. 8, 2005

PACER
20

Joint MOTION re 19 Notice (Other), Notice (Other), Notice (Other) Requesting the Court to Sign the Amended Version of the Notice of Proposed Class Action Settlement and Fairness Hearing by John "Dave" Labelle, Tim Hurley, Danny Higdon, Todd Griffin, Devon Boyd, Pat Doyle, Rob Crawford, Scott Roberson, James Graves, Ray Moore, Patricia Wilson, Mike Pierce, Mike Thompson, Daric Fail, Renita Chadwell, Teresa Faw, Tamara Pacwa, Shannon Matthews, George "Chip" Pennington, Cendant Corporation, Fairfield Resorts, Inc., Mickey Ruggiero. Responses due by 8/25/2005 (Crenshaw, Waverly) (Entered: 08/08/2005)

Aug. 8, 2005

Aug. 8, 2005

PACER
21

MOTION Assign New Civil Action Number re 16 Order on Motion for Settlement, by George "Chip" Pennington. Responses due by 8/29/2005 (Goldblatt, Lisa) (Entered: 08/11/2005)

Aug. 11, 2005

Aug. 11, 2005

PACER
22

AMENDED COMPLAINT against John "Dave" Labelle, Danny Higdon, Fairfield Resorts, Inc., filed by George "Chip" Pennington.(Goldblatt, Lisa) (Entered: 08/11/2005)

Aug. 11, 2005

Aug. 11, 2005

PACER
23

ORDER denying 21 Motion for the Court to Order the Clerk of Court to assign a new civil action number to this severed case. The action shall remain as to this pltf under this case number . Signed by Judge William J. Haynes on 8/17/05. (km, ) (Entered: 08/18/2005)

Aug. 17, 2005

Aug. 17, 2005

PACER
25

Letter from Deborah Lormand re settlement. (gi, ) (Entered: 08/31/2005)

Aug. 18, 2005

Aug. 18, 2005

PACER
26

Letter from Candy Ames re settlement. (gi, ) (Entered: 08/31/2005)

Aug. 22, 2005

Aug. 22, 2005

PACER
24

ORDER granting 20 Motion requesting the Court to sign amended version of the notice of proposed class action settlement and fairness hearing. Signed by Judge William J. Haynes on 8/29/05. (gi, ) (Entered: 08/30/2005)

Aug. 30, 2005

Aug. 30, 2005

PACER
27

MOTION for attorney Geoffrey Weirich and Jennifer Kirk to Appear Pro Hac Vice by Fairfield Resorts, Inc.. Responses due by 10/24/2005 (PHV fees paid) (Crenshaw, Waverly) Modified on 10/13/2005 (gi, ). (Entered: 10/07/2005)

Oct. 7, 2005

Oct. 7, 2005

PACER
28

CERTIFICATE OF GOOD STANDING filed by Fairfield Resorts, Inc.. (Crenshaw, Waverly) (Entered: 10/07/2005)

Oct. 7, 2005

Oct. 7, 2005

PACER
29

CERTIFICATE OF GOOD STANDING filed by Fairfield Resorts, Inc.. (Crenshaw, Waverly) (Entered: 10/07/2005)

Oct. 7, 2005

Oct. 7, 2005

PACER
30

STIPULATION of Dismissal by John "Dave" Labelle, George "Chip" Pennington, Fairfield Resorts, Inc.. (Crenshaw, Waverly) (Entered: 10/11/2005)

Oct. 11, 2005

Oct. 11, 2005

PACER
31

ORDER granting 27 Motion for Geoffrey Weirich and Jennifer Kirk to Appear Pro Hac Vice . Signed by Judge William J. Haynes on 10/11/05. (gi, ) (Entered: 10/11/2005)

Oct. 11, 2005

Oct. 11, 2005

PACER
32

ORDER dismissing deft Franz Hanning; pltf to file a third amended complaint by 10/17/05; defts shall have 10 days from the date of the filing of the amended complaint to file their answer . Signed by Judge William J. Haynes on 10/12/05. (gi, ) (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

PACER
33

RECEIPT #107023 in the amount of $150.00 for PHV fees for Attys Weirich & Kirk. (gi, ) (Entered: 10/13/2005)

Oct. 13, 2005

Oct. 13, 2005

PACER
34

NOTICE of Filing by George "Chip" Pennington (Goldblatt, Lisa) (Entered: 10/14/2005)

Oct. 14, 2005

Oct. 14, 2005

PACER
35

AMENDED COMPLAINT Third against Cendant Corp, Fairfield Resorts, Inc, John "Dave" Labelle, Danny Higdon, and Sharon Barnes, filed by George "Chip" Pennington.(Goldblatt, Lisa) Modified text on 10/17/2005 (gi, ). (Entered: 10/14/2005)

Oct. 14, 2005

Oct. 14, 2005

Clearinghouse
36

Defendant Sharon Barnes' ANSWER to Third Amended Complaint by Sharon Barnes.(Kirk, Jennifer) Modified Text on 10/25/2005 (jb). (Entered: 10/24/2005)

Oct. 24, 2005

Oct. 24, 2005

PACER
37

Defendant Fairfield Resorts, Inc.'s ANSWER to Third Amended Complaint by Fairfield Resorts, Inc..(Kirk, Jennifer) Modified Text on 10/25/2005 (jb). (Entered: 10/24/2005)

Oct. 24, 2005

Oct. 24, 2005

PACER
38

Defendant John "Dave" LaBelle's ANSWER to Third Amended Complaint by John "Dave" Labelle.(Kirk, Jennifer) Modified Text on 10/25/2005 (jb). (Entered: 10/24/2005)

Oct. 24, 2005

Oct. 24, 2005

PACER
39

MEMORANDUM in Support of Final Approval of Consent Decree re 15 16 by Fairfield Resorts, Inc. (Kirk, Jennifer) Modified Text on 10/25/2005 (jb). (Entered: 10/24/2005)

Oct. 24, 2005

Oct. 24, 2005

PACER
40

DECLARATION of Mark Patton filed by Fairfield Resorts, Inc.. (Kirk, Jennifer) (Entered: 10/26/2005)

Oct. 26, 2005

Oct. 26, 2005

PACER
41

ORDER: Granting 21 MOTION Assign New Civil Action Number re 16 Order on Motion for Settlement, filed by George "Chip" Pennington. Clerk shall transfer all filings involving the Plaintiff Pennington to a new case number. Signed by Judge William J. Haynes on 10/27/05. (dt) (Entered: 10/28/2005)

Oct. 28, 2005

Oct. 28, 2005

PACER
42

Minute Entry for proceedings held before Judge William J. Haynes : Fairness Hearing held on 10/28/05. Court given final approval of class action settlement. Preliminary approval made final. (Court Reporter Peggy Turner.) (jb) (Entered: 10/31/2005)

Oct. 28, 2005

Oct. 28, 2005

PACER
43

COURT-APPROVED CONSENT DECREE: This action is dismissed in its entirety, with prejudice. The Court shall retain jurisdiction over the Fairfield and the pltfs for purposes of such further orders as may be necessary to enforce or effecutuate this Consent Decree. See Consent Decree for more details. Signed by Judge William J. Haynes on 10/28/05. (jb) (Entered: 10/31/2005)

Oct. 28, 2005

Oct. 28, 2005

PACER
44

Docket entry number 43 is hereby entered on the docket in compliance with Rule 58 and/or Rule 79(a) of the Federal Rules of Civil Procedure on 10/31/05 by JB. (jb) (Entered: 10/31/2005)

Oct. 28, 2005

Oct. 28, 2005

PACER
45

Consent MOTION for Extension of Time to File Fee Application by Patricia Wilson, Renita Chadwell, Teresa Faw, Tamara Pacwa, Shannon Matthews. Responses due by 2/6/2006 (Sanford, David) (Entered: 01/20/2006)

Jan. 20, 2006

Jan. 20, 2006

PACER
46

Consent MOTION for Attorney Fees by Patricia Wilson, Renita Chadwell, Teresa Faw, Tamara Pacwa, Shannon Matthews. Responses due by 2/6/2006 (Sanford, David) (Entered: 01/20/2006)

Jan. 20, 2006

Jan. 20, 2006

PACER
47

MEMORANDUM in Support of 46 Consent MOTION for Attorney Fees filed by Patricia Wilson, Renita Chadwell, Teresa Faw, Tamara Pacwa, Shannon Matthews. (Attachments: # 1 Exhibit Affidavit of David W. Sanford# 2 Exhibit Consent Decree# 3 Exhibit Calculation of Legal Fees# 4 Exhibit Calculation of Legal Fees)(Sanford, David) (Entered: 01/20/2006)

Jan. 20, 2006

Jan. 20, 2006

PACER

NOTE TO FILER RE DE #47, Exhibit 1: Signed affidavit should be filed as a separate event, not as an attachment; it is not necessary to refile this document. (gi, )

Jan. 24, 2006

Jan. 24, 2006

PACER
48

ORDER granting 46 Motion for Attorney Fees . Signed by Judge William J. Haynes on 1/24/06. (gi, ) (Entered: 01/25/2006)

Jan. 25, 2006

Jan. 25, 2006

PACER
49

ORDER granting 45 Motion for Leave to file fee petition out of time for clarity of the record . Signed by Judge William J. Haynes on 2/27/06. (gi, ) (Entered: 02/27/2006)

Feb. 27, 2006

Feb. 27, 2006

PACER

Case Details

State / Territory: Tennessee

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 22, 2004

Closing Date: Oct. 28, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All females who worked at Fairfield Nashville at any time between May 8, 2002 and 10/28/2005.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Cendant Corporation, Private Entity/Person

Fairfield Resorts Inc., Private Entity/Person

Case Details

Causes of Action:

State law

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

Available 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: 1,989,235

Order Duration: 2005 - 2007

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Follow recruitment, hiring, or promotion protocols

Other requirements regarding hiring, promotion, retention

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Recordkeeping

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female