Case: Demarse v. Cracker Barrel Old County Store

8:07-cv-00981 | U.S. District Court for the Middle District of Florida

Filed Date: June 8, 2007

Closed Date: Jan. 25, 2008

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Case Summary

A senior who applied to work at a Cracker Barrel store alleged he was not hired because of corporation-wide age discrimination in hiring. It appears the parties settled, though no agreement is publicly available.The plaintiff, a man over sixty years of age, sued under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq. The plaintiff contended that Cracker Barrel had a nationwide pattern or practice of asking for and illegally considering the age of all applicants for empl…

The plaintiff, a man over sixty years of age, sued under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq. The plaintiff contended that Cracker Barrel had a nationwide pattern or practice of asking for and illegally considering the age of all applicants for employment He demanded compensation for lost wages liquidated damages, and attorneys' fees and costs, as well as a permanent injunction against age discrimination in hiring. The complaint sought class certification for similarly situated individuals.

On January 24, 2008, the United States District Court, Middle District of Florida, Tampa Division (Judge Mary Scriven) dismissed the case with prejudice. It appears the parties reached a settlement, although the details are not publicly available at this time.

Summary Authors

Eric Weiler (8/16/2010)

People

Judge(s)

Scriven, Mary Stenson (Florida)

Attorney for Plaintiff

Linesch, David J (Florida)

Attorney for Defendant

Aidman, Todd S. (Florida)

Garey, Erica (Georgia)

Gevertz, David E. (Georgia)

Judge(s)

Scriven, Mary Stenson (Florida)

Attorney for Plaintiff

Linesch, David J (Florida)

Attorney for Defendant

Aidman, Todd S. (Florida)

Garey, Erica (Georgia)

Gevertz, David E. (Georgia)

Documents in the Clearinghouse

Documents in this case

8:07-cv-00981	Docket [PACER] Demarse v. Cracker Barrel Old County Store Incorporated	June 8, 2007	June 8, 2007 Docket
1 8:07-cv-00981	Complaint And Demand For Jury Trial	June 8, 2007	June 8, 2007 Complaint 2007 WL 2207179
5 8:07-cv-00981	Cracker Barrel Old Country Store, Inc.'s Answer To Plaintiff's Complaint And Demand For Jury Trial	July 16, 2007	July 16, 2007 Pleading / Motion / Brief

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Docket

Last updated March 27, 2025, 8:12 a.m.

ECF Number	Date	Description	Link
2	June 12, 2007	NOTICE of designation under Local Rule 3.05 − track 2. Signed by Deputy Clerk on 6/12/2007. (maa) (Entered: 06/12/2007)	PACER
3	June 13, 2007	Summons issued as to Cracker Barrel Old Country Store, Inc.. (apv, ) (Entered: 06/13/2007)	PACER
4	July 2, 2007	RETURN of service executed on 06/25/07 by William Demarse as to Cracker Barrel Old Country Store, Inc.. (Attachments: # 1 Supplement Summons)(Linesch, David) Modified on 7/3/2007 (apv). (Entered: 07/02/2007)	PACER
5	July 16, 2007	ANSWER and affirmative defenses to complaint by Cracker Barrel Old Country Store, Inc..(Aidman, Todd) (Entered: 07/16/2007)	PACER
6	July 16, 2007	CERTIFICATE of interested persons and corporate disclosure statement by Cracker Barrel Old Country Store, Inc.. (Aidman, Todd) (Entered: 07/16/2007)	PACER
7	July 19, 2007	MOTION for David E. Gevertz to appear pro hac vice by Cracker Barrel Old Country Store, Inc.. (Attachments: # 1 Certificate of Good Standing)(Aidman, Todd) Motions referred to Magistrate Judge Mary S. Scriven. (Entered: 07/19/2007)	PACER
8	July 19, 2007	MOTION for Erica V. Garey to appear pro hac vice by Cracker Barrel Old Country Store, Inc.. (Attachments: # 1 Certificate of Good Standing)(Aidman, Todd) Motions referred to Magistrate Judge Mary S. Scriven. (Entered: 07/19/2007)	PACER
9	Aug. 8, 2007	ORDER granting 7 motion to appear pro hac vice; granting 8 motion to appear pro hac vice. Signed by Judge Mary S. Scriven on 8/8/2007. (EKW) (Entered: 08/08/2007)	PACER
10	Aug. 23, 2007	CASE MANAGEMENT REPORT. (Linesch, David) (Entered: 08/23/2007)	PACER
11	Aug. 23, 2007	CONSENT to trial by U.S. Magistrate Judge by William Demarse. (Linesch, David) (Entered: 08/23/2007)	PACER
12	Aug. 29, 2007	ORDER approving consent to jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Mary S. Scriven. NEW CASE NUMBER: 8:07−cv−981−T−MSS. Signed by Judge Steven D. Merryday on 8/28/2007. (BK) (Entered: 08/29/2007)	PACER
13	Jan. 14, 2008	NOTICE by William Demarse Notice of Dismisal with Prejudice (Linesch, David) (Entered: 01/14/2008)	PACER
14	Jan. 21, 2008	Amended NOTICE of Voluntary Dismissal by William Demarse (Linesch, David) Modified on 1/22/2008 (APV). (Entered: 01/21/2008)	PACER
15	Jan. 25, 2008	ORDER dismissing case with prejudice. The CLERK is directed to CLOSE this case. Signed by Magistrate Judge Mary S. Scriven on 1/24/2008. (EKW) (Entered: 01/25/2008)	PACER

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Case Details

State / Territory:

Florida

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 8, 2007

Closing Date: Jan. 25, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Caucasian male of at least 60 years of age

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Private Entity/Person

Cracker Barrel Old County Store Incorporated

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Other Dockets:

Middle District of Florida 8:07-cv-00981

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

Unknown

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Hiring

Discrimination Basis:

Age discrimination

Recommended Citation

Case Summary of Demarse v. Cracker Barrel Old County Store, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/10678/ (last updated 8/16/2010).