Case: Cooper v. Aluminum Co. of America

3:95-cv-10074 | U.S. District Court for the Southern District of Iowa

Filed Date: June 12, 1995

Closed Date: 1999

Clearinghouse coding complete

Case Summary

On June 12, 1995, seventeen black employees of the Aluminum Company of America ("Alcoa") filed a class-action lawsuit under Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e, et seq.) in the U.S. District Court for the Southern District of Iowa (Davenport). The plaintiffs, represented by private counsel, sought injunctive and other forms of relief for alleged discrimination on behalf of all black employees or applicants for employment at the Davenport Works branch of Alcoa between Janu…

On June 12, 1995, seventeen black employees of the Aluminum Company of America ("Alcoa") filed a class-action lawsuit under Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e, et seq.) in the U.S. District Court for the Southern District of Iowa (Davenport). The plaintiffs, represented by private counsel, sought injunctive and other forms of relief for alleged discrimination on behalf of all black employees or applicants for employment at the Davenport Works branch of Alcoa between January 1, 1972 and May 12, 1997. Specifically, the plaintiffs raised disparate impact issues, alleging that Alcoa discriminated against them with respect to hiring, promotions, assignments, training, and other terms of employment based upon their gender and race.

On September 11, 1997, the Court (Magistrate Judge Celeste F. Bremer) issued an Order and Final Judgment Approving Settlement. In the settlement, Alcoa agreed to pay $212,000 to the class members, to be distributed at the class counsel's discretion. In addition, Alcoa agreed (1) to correct hiring procedures determined to have a disparate impact on black employees which were not validated; (2) to create the "Equal Access Committee," which was to review and sign off on all discharges of black employees; (3) to implement a more strict racial harassment policy; (4) to expand its diversity and racial tolerance training; (4) to make test scores available to all test takers upon request; and (5) in terms of promotion, to interview all black applicants in the department where the vacancy arises for all areas in which Davenport is underutilized.

The settlement's duration was six years from the date of approval by the Court, although on September 17, 2003, the Court granted the plaintiffs' motion to extend court jurisdiction over the settlement through October 31, 2003.

Summary Authors

Jordan Rossen (7/17/2010)

People


Judge(s)

Bremer, Celeste F. (Iowa)

Attorney for Plaintiff

Avsharian, Paul R. (Michigan)

Braud, Walter D. (Illinois)

Combs, Nancy (Iowa)

Attorney for Defendant

Appel, Brent R (Iowa)

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Documents in the Clearinghouse

Document

3:95-cv-10074

Docket

Sept. 17, 2003

Sept. 17, 2003

Docket
68

3:95-cv-10074

Order and Final Judgment Approving Settlement

Sept. 11, 1997

Sept. 11, 1997

Settlement Agreement

Docket

Last updated March 12, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Summons(es) was issued) ; Rule 16 Dismissal Notice set for 11/9/95 ; Dismissal ddl (service) set for 10/16/95 (dd) (Entered: 06/14/1995)

June 12, 1995

June 12, 1995

FILING FEE PAID: on 6/12/95 in the amount of $ 120.00, receipt # 43514. (dd) (Entered: 06/14/1995)

June 12, 1995

June 12, 1995

2

RETURN OF SERVICE of Summons and Complaint, executed upon Deft Aluminum Co America on 6/13/95 (lh) (Entered: 06/20/1995)

June 19, 1995

June 19, 1995

3

MOTION by plaintiffs for attorney Paul Avsharian to appear pro hac vice before Magistrate Judge Celeste F. Bremer (dd) (Entered: 07/10/1995)

July 10, 1995

July 10, 1995

4

MOTION by plaintiffs for attorney Walter Baurd to appear pro hac vice before Magistrate Judge Celeste F. Bremer (dd) (Entered: 07/10/1995)

July 10, 1995

July 10, 1995

5

MOTION by plaintiff for attorney Kent Spriggs to appear pro hac vice before Magistrate Judge Celeste F. Bremer (dd) (Entered: 07/10/1995)

July 10, 1995

July 10, 1995

6

ORDER by Magistrate Judge Celeste F. Bremer granting motion for attorney Kent Spriggs to appear pro hac vice [5−1] (cc: all counsel) (lh) (Entered: 07/14/1995)

July 14, 1995

July 14, 1995

7

ORDER by Magistrate Judge Celeste F. Bremer granting motion for attorney Walter Baurd to appear pro hac vice [4−1] (cc: all counsel) (lh) (Entered: 07/14/1995)

July 14, 1995

July 14, 1995

8

ORDER by Magistrate Judge Celeste F. Bremer granting motion for attorney Paul Avsharian to appear pro hac vice [3−1] (cc: all counsel) (lh) (Entered: 07/14/1995)

July 14, 1995

July 14, 1995

9

ANSWER by defendant complaint [1−1] (dd) (Entered: 08/22/1995)

Aug. 15, 1995

Aug. 15, 1995

10

MOTION by defendant for attorneys Thomas G Rohback &Maria G Danaher of LeBoeuf Law Firm to appear pro hac vice before Magistrate Judge Celeste F. Bremer (dd) (Entered: 08/22/1995)

Aug. 15, 1995

Aug. 15, 1995

11

MOTION by defendant for partial dismissal second &fifth claims for Retaliation from pltfs' complaint before Judge Ronald E. Longstaff (dd) (Entered: 08/22/1995)

Aug. 15, 1995

Aug. 15, 1995

13

ORDER by Magistrate Judge Celeste F. Bremer re [10−1] motion for attorneys Thomas G Rohback of LeBoeuf Law Firm to appear pro hac vice (cc: all counsel) (dd) (Entered: 08/23/1995)

Aug. 21, 1995

Aug. 21, 1995

14

ORDER by Magistrate Judge Celeste F. Bremer granting motion for attorney Maria G Danaher of LeBoeuf Law Firm to appear pro hac vice [10−1] (cc: all counsel) (dd) (Entered: 08/23/1995)

Aug. 21, 1995

Aug. 21, 1995

15

RESISTANCE by plaintiff to motion for partial dismissal second &fifth claims for Retaliation from pltfs' complaint before Judge Ronald E. Longstaff [11−1] (dd) (Entered: 08/23/1995)

Aug. 23, 1995

Aug. 23, 1995

15

MOTION by plaintiffs to extend time to file brief to 9/15/95 before Judge Ronald E. Longstaff PART 2 OF 2 PARTS OF DOCUMENT #15 (dd) (Entered: 08/23/1995)

Aug. 23, 1995

Aug. 23, 1995

PROPOSED Sched Rpt/Disc Plan submitted by Pltfs John P Cooper, Julie M Dawson, Lamonica Fallon, Nadine Fallon, Gail L Fulton, Fred D Hanna Jr, Dorothy Jean Hayslett, Cassandra Johnson, Olivia Dean Jones, Charles D Kiel Sr, Peggy Kay Malone, Vickie Marie Milton, Bartholomew Pearson, Donnie J Pearson, Mary Tyson, Willie Lee Tyson and Deft Aluminum Co America, T C Pearson (lh) (Entered: 09/01/1995)

Sept. 1, 1995

Sept. 1, 1995

16

ORDER by Judge Ronald E. Longstaff granting Motion to Extend Time to file Brief to 9/15/95 [15−1]; Pltf granted to 09−15−95 (cc: all counsel) (lh) (Entered: 09/06/1995)

Sept. 6, 1995

Sept. 6, 1995

17

SCHEDULING ORDER DISCOVERY PLAN − by Magistrate Judge Ross A. Walters : ; dispositive mtn ddl set 3/15/97 Case ready for trial as of 9/1/97 ; estimated length of trial − Thirty (30) days ; Discovery ddl set for 2/1/97 (cc: all counsel) (dd) (Entered: 09/06/1995)

Sept. 6, 1995

Sept. 6, 1995

18

MEMORANDUM by plaintiff in support [15−1] of motion response (dd) (Entered: 09/19/1995)

Sept. 15, 1995

Sept. 15, 1995

19

REPLY by defendant Aluminum Co America to resistance motion for partial dismissal second &fifth claims for Retaliation from pltfs' complaint before Judge Ronald E. Longstaff [11−1] (dd) (Entered: 09/25/1995)

Sept. 25, 1995

Sept. 25, 1995

20

ORDER by Judge Ronald E. Longstaff granting in part the motion for partial dismissal second &fifth claims for Retaliation as regards the invitations to attend the meeting of 4/10/95 from pltfs' complaint; Defendant's motion to dismiss is denied in all other respects. [11−1] (cc: all counsel) (dd) (Entered: 11/06/1995)

Nov. 6, 1995

Nov. 6, 1995

21

MOTION by Deft Aluminum Co America for attorney Margaret A. Keane of LeBoeuf, Lamb, Greene &MacRae to Appear Pro Hac Vice before Clk of Crt JRRosenbaum (lh) (Entered: 11/17/1995)

Nov. 17, 1995

Nov. 17, 1995

22

MOTION by Deft Aluminum Co America for attorney Wendy L. Klunk of LeBoeuf, Lamb, Greene &MacRae to Appear Pro Hac Vice before Clk of Crt JRRosenbaum (lh) (Entered: 11/17/1995)

Nov. 17, 1995

Nov. 17, 1995

23

MOTION by Deft Aluminum Co America for attorney Cheryl D. Orr to Appear Pro Hac Vice before Clk of Crt JRRosenbaum (lh) (Entered: 11/17/1995)

Nov. 17, 1995

Nov. 17, 1995

24

ORDER granting motion for attorneys Cheryl D. Orr to Appear Pro Hac Vice [23−1], granting motion for attorney Wendy L. Klunk of LeBoeuf, Lamb, Greene &MacRae to Appear Pro Hac Vice [22−1], granting motion for attorney Margaret A. Keane of LeBoeuf, Lamb, Greene &MacRae to Appear Pro Hac Vice/s/ Clk of Crt JRRosenbaum [21−1] (cc: all counsel) (dd) (Entered: 11/21/1995)

Nov. 21, 1995

Nov. 21, 1995

25

MOTION by plaintiffs to compel responses before Magistrate Judge Celeste F. Bremer , for oral hearing before Magistrate Judge Celeste F. Bremer (dd) (Entered: 11/27/1995)

Nov. 27, 1995

Nov. 27, 1995

27

MEMORANDUM by plaintiff in support [25−1] of motion to compel responses before Magistrate Judge Celeste F. Bremer, [25−2] of motion for oral hearing before Magistrate Judge Celeste F. Bremer (dd) (Entered: 11/27/1995)

Nov. 27, 1995

Nov. 27, 1995

28

STIPULATED MOTION by plaintiff, defendant to extend to 12/19/95 to file response to mtn compel and ORDER granting order motion [28−1] re [25−1] motion to compel responses before JRR, Clk of Court (cc: all counsel) (dd) (Entered: 11/29/1995)

Nov. 29, 1995

Nov. 29, 1995

29

PROPOSED Protective Order submitted by defendant Aluminum Co America pursuant to Sched Order/Disc Plan of 9/6/95 [17−1] (forwarded to Judge−Mag Celeste F Bremer) (dd) Modified on 12/01/1995 (Entered: 12/01/1995)

Dec. 1, 1995

Dec. 1, 1995

30

MOTION by Pltfs John P Cooper, Julie M Dawson, Lamonica Fallon, Nadine Fallon, Gail L Fulton, Fred D Hanna Jr, Dorothy Jean Hayslett, Cassandra Johnson, Olivia Dean Jones, Charles D Kiel Sr, Peggy Kay Malone, Vickie Marie Milton, Bartholomew Pearson, Donnie J Pearson, Mary Tyson, Willie Lee Tyson, T C Pearson to Extend Time to 12−08−95 to submit Protective Order before Magistrate Judge Celeste F. Bremer (lh) (Entered: 12/04/1995)

Dec. 4, 1995

Dec. 4, 1995

31

ORDER by Magistrate Judge Celeste F. Bremer granting Motion to Extend Time to 12−08−95 to submit Protective Order [30−1] (cc: all counsel) (lh) (Entered: 12/19/1995)

Dec. 19, 1995

Dec. 19, 1995

32

ORDER Setting Hearing by Magistrate Judge Celeste F. Bremer ; Telephone Hearing 1/3/96 at 9:00 AM call initiated by Pltfs counsel re: disc motions; Pltfs ddl for proposed Protective Order extend to 12−29−95 (cc: all counsel) (lh) (Entered: 12/20/1995)

Dec. 20, 1995

Dec. 20, 1995

33

JOINT Submission re: Pltfs' Mot to Compel by Pltfs and Deft Aluminum Co America joining motion to compel responses before Magistrate Judge Celeste F. Bremer [25−1] (lh) (Entered: 12/26/1995)

Dec. 22, 1995

Dec. 22, 1995

34

JOINT Submission re: Pltfs' Mot to Compel by Pltfs and Deft joining Motion to Compel responses before Magistrate Judge Celeste F. Bremer [25−1] (lh) (Entered: 12/28/1995)

Dec. 27, 1995

Dec. 27, 1995

PROPOSED Consent Protective Order submitted by plaintiffs, defendant (forwarded to Judge−Mag Bremer) w/cover letter indicating intent of parties to proceed w/planned teleconf of 1/3/96. (dd) Modified on 01/02/1996 (Entered: 01/02/1996)

Jan. 2, 1996

Jan. 2, 1996

35

ORDER by Magistrate Judge Celeste F. Bremer denying motion to compel responses; pltfs may renew req after completion of some disc if relevancy of this information established. [25−1], motion for oral hearing held 1/3/96 [25−2] adopting document proposed (stip protective order entered separately) [0−1] ; Status report ddl and/or mtn amend complaint due 6/1/96 (cc: all counsel) (dd) (Entered: 01/04/1996)

Jan. 4, 1996

Jan. 4, 1996

36

CONSENT PROTECTIVE ORDER by Magistrate Judge Celeste F. Bremer (See order for particulars) (cc: all counsel) (dd) (Entered: 01/04/1996)

Jan. 4, 1996

Jan. 4, 1996

38

MOTION by defendant for protective order before Magistrate Judge Celeste F. Bremer (dd) (Entered: 02/01/1996)

Jan. 29, 1996

Jan. 29, 1996

37

ORDER by Magistrate Judge Celeste F. Bremer re [36−1] order ; Status report ddl 2/20/96 as to whether hrg on Mot for Proto required (cc: all counsel) (lh) (Entered: 01/31/1996)

Jan. 31, 1996

Jan. 31, 1996

39

MOTION by Deft Aluminum Co America for Order for Settlement Conference before Magistrate Judge Celeste F. Bremer (lh) (Entered: 02/05/1996)

Feb. 2, 1996

Feb. 2, 1996

40

ORDER Setting Hrg by Magistrate Judge Celeste F. Bremer granting Motion for Order for Settlement Conference [39−1] ; Telephone Hearing placed by Deft's counsel 2/21/96 at 2:00 PM to discuss scheduling of Settlement Conf (cc: all counsel) (lh) (Entered: 02/08/1996)

Feb. 6, 1996

Feb. 6, 1996

41

RESPONSE by plaintiffs [39−1] re: motion for Order for Settlement Conference before Magistrate Judge Celeste F. Bremer (dd) (Entered: 02/20/1996)

Feb. 20, 1996

Feb. 20, 1996

42

STATUS REPORT re Motion for Protective Order by defendant Aluminum Co America (dd) (Entered: 02/20/1996)

Feb. 20, 1996

Feb. 20, 1996

43

ORDER by Magistrate Judge Celeste F. Bremer: After review of parties Status Report [42−1] parties have 30 days to work towards resolution of issues raised by mtn for protective order or file report. ; Status report ddl of parties due 3/21/96 (cc: all counsel) (dd) (Entered: 02/23/1996)

Feb. 23, 1996

Feb. 23, 1996

44

STATUS REPORT RE: MTN FOR PROTECTIVE ORDER by defendant (dd) (Entered: 03/01/1996)

Feb. 28, 1996

Feb. 28, 1996

45

ORDER by Magistrate Judge Celeste F. Bremer discussion w/counsel the Crt determined that it would be premature to set a Settlement Conf at this time (cc: all counsel) (lh) (Entered: 03/08/1996)

March 8, 1996

March 8, 1996

46

ORDER on Motion for Protective Order by Magistrate Judge Celeste F. Bremer granting Mot for Protective Order [38−1]; Deft granted to 03−21−96 to resolve issues raised in Mot for Proto (cc: all counsel) (lh) (Entered: 03/08/1996)

March 8, 1996

March 8, 1996

REMARK: Orders #45 &#46 remailed to atty w/corrected caption. (dd) (Entered: 03/11/1996)

March 11, 1996

March 11, 1996

47

STATUS REPORT by defendant Aluminum Co America (dd) (Entered: 03/27/1996)

March 22, 1996

March 22, 1996

48

ORDER Granting Extension of Time by Magistrate Judge Celeste F. Bremer re [44−1] report; parties granted to 03−28−96 to resolve issues raised by Protective Order (cc: all counsel) (lh) Modified on 03/27/1996 (Entered: 03/26/1996)

March 26, 1996

March 26, 1996

49

STATUS REPORT RE MTN FOR PROTECTIVE ORDER by defendant Aluminum Co America (forwarded to Mag−Judge Bremer) (dd) Modified on 03/29/1996 (Entered: 03/29/1996)

March 28, 1996

March 28, 1996

50

ORDER by Magistrate Judge Celeste F. Bremer re [44−1] report; Deft Alcoa's Brief in support of Mot for Proto due 04−11−96 (cc: all counsel) (lh) (Entered: 03/29/1996)

March 29, 1996

March 29, 1996

51

MEMORANDUM by Deft Aluminum Co America in support [36−1] of Protective Order (lh) (Entered: 04/12/1996)

April 12, 1996

April 12, 1996

52

DECLARATION of Karen D. Kalber in support dft alco Brief support of Mtn for Protective Order filed 4/11/96 (dd) Modified on 04/17/1996 (Entered: 04/17/1996)

April 15, 1996

April 15, 1996

53

DECLARATION of Ron D. Snider in support of dft Alcoa Brif re Mtn Protective Order (filed 4/11/96) (dd) (Entered: 04/17/1996)

April 17, 1996

April 17, 1996

54

ORDER by Magistrate Judge Celeste F. Bremer setting hearing on motion for protective order by telephone conf call placed by dft counsel at [38−1] 9:30 AM on 5/20/96 (cc: all counsel) (dd) (Entered: 04/19/1996)

April 19, 1996

April 19, 1996

55

REPLY by Pltfs re [36−1] Protective Order (lh) (Entered: 04/29/1996)

April 29, 1996

April 29, 1996

56

ORDER by Magistrate Judge Celeste F. Bremer granting dfts' motion; court will support cont'd use of protective order. [38−1] , ; Status report ddl re mtn class certification due 7/1/96 (cc: all counsel) (dd) (Entered: 05/21/1996)

May 21, 1996

May 21, 1996

57

ORDER on Hearing by Magistrate Judge Celeste F. Bremer hrg held on 06−26−96 with attys Roxanne Conlin, Tom Rohback and Margaret Keane; parties to notify Crt on ; Status report ddl 8/1/96 whether hrg on Mot for Class Certification required. (cc: all counsel) (lh) (Entered: 06/28/1996)

June 28, 1996

June 28, 1996

58

ORDER by Magistrate Judge Celeste F. Bremer ; Status report ddl ext to 9/9/96 (cc: all counsel) (dd) (Entered: 08/21/1996)

Aug. 21, 1996

Aug. 21, 1996

60

ORDER by Magistrate Judge Celeste F. Bremer ; Status report ddl ext to 11/15/96 (cc: all counsel) (dd) (Entered: 09/26/1996)

Sept. 26, 1996

Sept. 26, 1996

61

ORDER by Magistrate Judge Celeste F. Bremer ; Status report ddl ext to 1/10/97 (cc: all counsel) (dd) (Entered: 11/18/1996)

Nov. 18, 1996

Nov. 18, 1996

62

MAIL Returned [61−2] addressed to Deft Aluminum Co America counsel Margaret A. Keane, LeBoeuf, Lamb, Greene &Macrae LLP, One Embarcadero Ctr., San Francisco, CA 94111 [envelope marked as forwarding order expired] (lh) (Entered: 11/27/1996)

Nov. 26, 1996

Nov. 26, 1996

63

ORDER by Magistrate Judge Celeste F. Bremer; status conference held on 04−08−97 with attys Roxanne Conlin and Margaret Keane appearing; counsel to submit Motion for approval of preliminary notice of the class and a deadline for individual cases; final notice to the class, including setting Objections due by 06−12−97 and a hearing on Motion to approve plan for resolution set for 06−16−97 at 9:00 AM; granting Pltf's Motion to Compel responses; counsel will coordinate production of records under a Stipulated Protective Order; parties may Consent to Proceed before a US Magistrate Judge [form enclosed with Order] [25−1] (cc: all counsel) (lh) (Entered: 04/10/1997)

April 9, 1997

April 9, 1997

64

ORDER by Magistrate Judge Celeste F. Bremer ; In−court hearing by ICN on 6/16/97 at 9:00 AM The Court &Court Reporter will be at ICN site at US Crthse Annex, Des Moines. The Dav site at US Crthse in DAV will also be used. (cc: all counsel) (dd) (Entered: 05/16/1997)

May 15, 1997

May 15, 1997

65

NOTICE of Lien by State of Iowa, Collection Services re: delinquent child support (lh) (Entered: 06/04/1997)

June 2, 1997

June 2, 1997

REMARK: Received a Partial Consent to Jurisdiction by a United States Magistrate Judge originally signed by attys Roxanne Conlin and Margaret Keane this date and forwarded to Judge Longstaff's office for approval (lh) (Entered: 09/03/1997)

Sept. 3, 1997

Sept. 3, 1997

66

CONSENT TO PROCEED BEFORE U.S. MAGISTRATE AND ORDER OF REFERENCE By order of Hon. R. E. Longstaff to Magistrate Judge Celeste F. Bremer for all further proceedings (cc: counsel) (dd) (Entered: 09/05/1997)

Sept. 5, 1997

Sept. 5, 1997

67

LETTER to counsel re number change of case to 3−95−cv−20074 (dd) (Entered: 09/05/1997)

Sept. 5, 1997

Sept. 5, 1997

68

ORDER AND FINAL JUDGMENT APPROVING SETTLEMENT by Magistrate Judge Celeste F. Bremer for judgment , terminating case . (SEE ORDER FOR PARTICULARS OF CLASS ACTION SETTLEMENT) (cc: all counsel) (dd) Modified on 09/11/1997 (bp, ). (Entered: 09/11/1997)

Sept. 11, 1997

Sept. 11, 1997

69

MOTION by plaintiff Gail L Fulton to withdraw attorney Roxanne Conlin before Magistrate Judge Celeste F Bremer (dd) Modified on 04/09/1998 (Entered: 10/31/1997)

Oct. 31, 1997

Oct. 31, 1997

70

ORDER by Magistrate Judge Thomas J. Shields re [69−1] motion to withdraw attorney Roxanne Conlin as counsel for pltf Gail Fulton: Pltf Fulton to respond/resist mtn by 11/21/97 &inform court as to how she intends to proceed re representation if she does not object to w/drawal. (cc: all counsel) (dd) (Entered: 11/12/1997)

Nov. 12, 1997

Nov. 12, 1997

71

MOTION by plaintiffs for hearing and assistance in settlement matters pursuant to order of the court before Magistrate Judge Thomas J. Shields (dd) (Entered: 11/14/1997)

Nov. 14, 1997

Nov. 14, 1997

72

PROOF OF SERVICE by plaintiff of Motion to W/draw as counsel for pltf Gail Fulton (dd) (Entered: 11/18/1997)

Nov. 17, 1997

Nov. 17, 1997

73

RESPONSE by Deft Aluminum Co America [69−1] re: Motion to Withdraw attorney Roxanne Conlin before Magistrate Judge Thomas J. Shields (lh) (Entered: 11/28/1997)

Nov. 28, 1997

Nov. 28, 1997

75

MOTION by defendant Aluminum Co America to substitute attorney Margaret A. Keane of LeBoeuf LAw Firm in stead of Thomas G. Rohback before Magistrate Judge Thomas J. Shields (dd) (Entered: 12/04/1997)

Dec. 4, 1997

Dec. 4, 1997

76

ORDER by Magistrate Judge Celeste F. Bremer granting motion to substitute attorney Margaret A. Keane of LeBoeuf LAw Firm in stead of Thomas G. Rohback [75−1] attorney THOMAS G ROHBACK for Aluminum Co America and substituting attorney Margaret A Keane. (cc: all counsel) (dd) (Entered: 12/08/1997)

Dec. 8, 1997

Dec. 8, 1997

77

ORDER by Magistrate Judge Celeste F. Bremer ; Telephone Hearing for status report 2/5/98 at 8:00 AM , ; Status report ddl not met − hrg set (cc: all counsel) (dd) (Entered: 01/23/1998)

Jan. 23, 1998

Jan. 23, 1998

78

ORDER SCHEDULING SETTLEMENT CONFERENCE by Magistrate Judge Celeste F. Bremer: Parties to appear at hearing at US Courthouse. ; Settlement cnf (MAG) 3/11/98 in DM at 1:30 PM (cc: all counsel) (dd) (Entered: 02/11/1998)

Feb. 11, 1998

Feb. 11, 1998

79

ORDER by Magistrate Judge Celeste F. Bremer ; Telephone Hearing of 2/5/98 held − satisfied Counsel for pltfs advised they still wish to w/draw from representation of Gail fulton. additionally there are scheduling matter related to unnamed class members, which may need attention of Court. Status hearing to discuss remaining claims 7 conduct settlement conf in Ms Fulton's case. (separate order issued − see #78) (cc: all counsel) (dd) (Entered: 02/11/1998)

Feb. 11, 1998

Feb. 11, 1998

80

MAIL Returned [77−3] addressed to defendant counsel Margaret Keane at previous California address. (dd) Modified on 02/17/1998 (Entered: 02/17/1998)

Feb. 13, 1998

Feb. 13, 1998

81

ORDER by Magistrate Judge Celeste F. Bremer re [69−1] Motion to Withdraw attorney Roxanne Conlin before Magistrate Judge Thomas J. Shields will be considered after receipt of Pltf Fulton's ; Status report ddl 4/1/98 ; Pltf Fulton shall report whether substitute counsel has been arranged or have counsel enter an Appearance; Discovery ddl 5/1/98 relating to claim values and all mediation shall be completed by 07−01−98, and ; Jury trial [5 days] 10/26/98 at 10:00 AM at USCrthse, Davenport, IA ; Final pretrial cnf (MAG) CF Bremer 10/16/98 at 10:00 AM at USCrthse, DES MOINES, IA (cc: all counsel) (lh) (Entered: 03/18/1998)

March 18, 1998

March 18, 1998

82

ORDER by Magistrate Judge Celeste F. Bremer granting Motion to Withdraw attorney Roxanne Conlin [69−1] attorney ROXANNE BARTON CONLIN for Gail L Fulton; upon receipt of a report regarding representation by atty Paul Avsharian [copy attached]. Mr. Avsharian indicates that he will represent Ms. Fulton. He shall enter a written Appearance and secure local counsel by 05−15−98. (cc: all counsel) (lh) (Entered: 04/10/1998)

April 10, 1998

April 10, 1998

83

MOTION by plaintiff for order removing Paul Avsharian as Class counsel before Magistrate Judge Celeste F. Bremer , for evidentiary hearing before Magistrate Judge Celeste F. Bremer (dd) Modified on 07/29/1998 (Entered: 04/29/1998)

April 27, 1998

April 27, 1998

84

CERTIFICATE OF NON−SERVICE, of Mtn to Remove as mtn filed under seal, by counsel for plaintiffs (dd) (Entered: 04/29/1998)

April 29, 1998

April 29, 1998

REMARK: Documents #83 &#84 not recvd from DM under seal (dd) (Entered: 04/29/1998)

April 29, 1998

April 29, 1998

85

ATTORNEY APPEARANCE for plaintiff Gail L Fulton only by CLEMENS ERDAHL, BRUCE D NESTOR (dd) (Entered: 04/29/1998)

April 29, 1998

April 29, 1998

87

ATTORNEY APPEARANCE for plaintiff Gail L Fulton by Paul R. Avsharian of 10435 elgin St., Huntington Woods, MI 48070 (dd) (Entered: 05/01/1998)

May 1, 1998

May 1, 1998

88

MOTION by counsel for plaintiff Gail L Fulton, Paul Avsharian for hearing (status conference) before Magistrate Judge Celeste F. Bremer , for adjournment of mediation before Magistrate Judge Celeste F. Bremer (dd) Modified on 06/23/1998 (Entered: 05/01/1998)

May 1, 1998

May 1, 1998

89

RESISTANCE by plaintiff's counsel roxanne Conlin, Walter Braud, and Kent Spriggs to motion for hearing (status conference) before Magistrate Judge Celeste F. Bremer [88−1], motion for adjournment of mediation before Magistrate Judge Celeste F. Bremer [88−2] (dd) (Entered: 05/04/1998)

May 1, 1998

May 1, 1998

90

RESPONSE by defendant Aluminum Co America [88−1] re: motion for hearing (status conference) before Magistrate Judge Celeste F. Bremer, [88−2] re: motion for adjournment of mediation before Magistrate Judge Celeste F. Bremer (dd) (Entered: 05/04/1998)

May 4, 1998

May 4, 1998

91

ORDER by Honorable Harold D. Vietor REFERRING to Honorable Harold D. Vietor the Motion for Hearing (status conference) [88−1] Motion for Hearing (status conference) before Magistrate Judge Celeste F. Bremer [88−1] hearing set for 9:30 AM on 5/11/98 at USCrthse, DES MOINES, IA. [Because of nature of matters being heard, Deft Aluminum Company's counsel may be EXCLUDED for parts of hearing.] Other attys for Pltfs are welcome to attend. Counsel's views on or before 05−07−98, as whether to invite Roger Stetson, the mediator, to appear to explain the mediation process being used. **[A Copy of this Order is being sent to Mr. Stetson at Suite 2000, Financial Center, Des Moines, IA 50209−3989 by FAX by Judge Vietor's office and normal mail by Davenport Clerk's office.] (cc: all counsel and Roger Stetson)1 (lh) Modified on 05/06/1998 (Entered: 05/05/1998)

May 5, 1998

May 5, 1998

REMARK: PLEASE CONTINUE TO VOLUME III [begins with Pldg #92 and ends with Pldg # ] (lh) (Entered: 06/03/1998)

May 6, 1998

May 6, 1998

92

ORDER by Honorable Harold D. Vietor re [88−2] motion for adjournment of mediation re [83−1] motion for order removing Paul Avsharian as Class counsel ; In−court (chambers) hearing on 5/11/98 at 9:30 AM in Des Moines (cc: all counsel) (dd) (Entered: 05/07/1998)

May 7, 1998

May 7, 1998

93

MEMORANDUM by Pltfs John P Cooper, Julie M Dawson, Lamonica Fallon, Nadine Fallon, Gail L Fulton, Fred D Hanna Jr, Dorothy Jean Hayslett, Cassandra Johnson, Olivia Dean Jones, Charles D Kiel Sr, Peggy Kay Malone, Vickie Marie Milton, Bartholomew Pearson, Donnie J Pearson, Mary Tyson, Willie Lee Tyson, T C Pearson in support [83−1] of Motion for Order removing Paul Avsharian as Class counsel before Magistrate Judge Celeste F. Bremer (lh) (Entered: 05/11/1998)

May 8, 1998

May 8, 1998

94

MOTION by Pltf Gail L Fulton for attorney Michal L. Pitt of PITT, DOWTY &McGEHEE, P.C., [no address given] to Appear Pro Hac Vice and ORDER granting Motion [94−1]/s/Clk of Crt JRRosenbaum (cc: all counsel) (lh) (Entered: 05/11/1998)

May 11, 1998

May 11, 1998

95

ORDER by Honorable Harold D. Vietor re [88−1] Motion for Hearing (status conference) before Magistrate Judge Celeste F. Bremer is so intertwined with Mot to Remove Paul Avsharian and the counter−motion for disqualification of Roxanne Barton Conlin that all 3 Motions must be considered together, DENYING Motion for Adjournment of Mediation by legal counsel Paul Avsharian [88−2] (cc: all counsel) (lh) (Entered: 05/11/1998)

May 11, 1998

May 11, 1998

96

CLERK'S COURT MINUTES: courtroom clerk: N Overberg; court reporter: Edie Daniels; re [88−1] motion for hearing (status conference) before Hon H D Vietor re [83−1] motion for order removing Paul Avsharian as Class counsel before Hon Harold D Vietor, re [83−2] motion for evidentiary hearing before Hon H D Vietor ; In−court hearing satisfied − held on 5/11/98 (dd) (Entered: 05/12/1998)

May 11, 1998

May 11, 1998

98

REPLY/Memorandum in Response to Paul Avsharian's Memorandum in support of Mot to Disqualify Roxanne Barton Conlin by Deft Aluminum Co America re [88−1] motion for hearing (status conference) before Magistrate Judge Celeste F. Bremer (lh) (Entered: 05/12/1998)

May 11, 1998

May 11, 1998

Case Details

State / Territory: Iowa

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: June 12, 1995

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

African-American employees or applicants for employment at the Davenport Works branch of Aluminum Co. of America ("Alcoa") at any time between 01/01/1972 and 05/12/1997.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Aluminum Co. of America, Private Entity/Person

Case Details

Causes of Action:

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

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

Amount Defendant Pays: $212,000

Order Duration: 1997 - 2003

Content of Injunction:

Hire

Promotion

Neutral/Positive Reference

Discrimination 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

Issues

Discrimination-area:

Disparate Impact

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Hiring

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

Promotion

Testing

Training

Discrimination-basis:

Race discrimination

Sex discrimination

Race:

Black

Affected Sex or Gender:

Female