Case: Wynne v. McCormick & Schmick's Seafood Restaraunts Inc.

4:06-cv-03153 | U.S. District Court for the Northern District of California

Filed Date: May 11, 2006

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On May 11, 2006, African-American employees of a restaurant in Berkeley, California filed this lawsuit in the United States District Court for the Northern District of California, under 42 U.S.C. § 1981, Title VII of the Civil Rights Act, and the California Fair Employment and Housing Act against McCormick & Schmick's Seafood Restaurants ("M&S"). The plaintiffs, represented by private counsel, asked the court for injunctive and declaratory relief, and damages, alleging that McCormick & Schmick'…

On May 11, 2006, African-American employees of a restaurant in Berkeley, California filed this lawsuit in the United States District Court for the Northern District of California, under 42 U.S.C. § 1981, Title VII of the Civil Rights Act, and the California Fair Employment and Housing Act against McCormick & Schmick's Seafood Restaurants ("M&S"). The plaintiffs, represented by private counsel, asked the court for injunctive and declaratory relief, and damages, alleging that McCormick & Schmick's discriminated against African-Americans on the basis of race with respect to hiring, job assignment, compensation, promotion to managerial positions, discipline, and other conditions of employment. Specifically, this action was seeking an end to M&S's discriminatory policies or practices, and recovery of back pay and front pay.

On November 28, 2006, U.S. District Court Judge Claudia Wilken granted the plaintiffs' motion to compel production of statistical data. The plaintiffs sought the statistical data to support their contention that the defendant's discriminatory hiring practices were company-wide, and not limited to a single restaurant. Wynne v. McCormick and Schmick's Seafood Restaurants, 2006 WL 3422226 (N.D. C.A. Nov. 28, 2006).

On March 16, 2007, Magistrate Judge Bernard Zimmerman issued an order to show cause why the defendant should not be held in contempt of court or sanctioned for failing to comply with the Court's Discovery Order.

The court preliminarily approved a class settlement on April 4, 2008. The court provisionally certified settlement classes, approved class notification, and preliminarily approved the consent decree. On August 7, 2008 the court granted final approval to the settlement and consent decree On the same day, the court granted about $900,000 in attorney fees and costs.

The Consent Decree was filed on August 8, 2008. It provided injunctive relief relating to hiring, promotion, training, and reporting and record-keeping. Further, it provided that the defendant would pay $2.1 million for the benefit of the class. The Consent Decree was set to remain in effect for five years after the Court's final approval. The Decree required annual reports to the plaintiffs, but they weren't filed in court. Presumably the case ended after the 2013 report; the last entry in the docket sheet dealt with a procedural matter in 2010.

Summary Authors

Haley Waller (8/18/2010)

Saeeda Joseph-Charles (11/6/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5758878/parties/wynne-v-mccormick-schmicks-seafood-restaurants-inc/


Judge(s)
Attorney for Plaintiff

Cervantez, Eve Hedy (California)

Cheng, Vincent (California)

Dermody, Kelly M. (California)

Diekmann, Gilmore F. Jr. (California)

Attorney for Defendant

Dawson, Kamili Williams (California)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

4:06-cv-03153

Docket

Wynne v. McCormick & Schmick's Seafood Restaurants

Nov. 15, 2010

Nov. 15, 2010

Docket
1

4:06-cv-03153

Complaint

Wynne v. McCormick & Schmick’s Seafood Restaurants, Inc.

May 11, 2006

May 11, 2006

Complaint
13

4:06-cv-03153

First Amended Complaint For Injunctive, Declaratory Relief, and Damages For Violations of 42 U.S.C. § 1981, Title VII, and the California Fair Employment and Housing Act

Wynne v. McCormick & Schmick's Seafood Restaurants

July 28, 2006

July 28, 2006

Complaint
36

4:06-cv-03153

Stipulation and Order Regarding Plaintiffs' Motion to Compel Production of Statistical Data

Wynne v. McCormick & Schmick's Seafood Restaurants

Nov. 3, 2006

Nov. 3, 2006

Order/Opinion
42

4:06-cv-03153

Order [Granting in Part Plaintiffs' Amended Motion to Compel Production of Statistical Data]

Wynne v. McCormick & Schmick's Seafood Restaurants

Nov. 28, 2006

Nov. 28, 2006

Order/Opinion

2006 WL 3422226

55

4:06-cv-03153

Order to Show Cause

Wynne v. McCormick & Schmick's Seafood Restaurants

March 16, 2007

March 16, 2007

Order/Opinion
77

4:06-cv-03153

Plaintiffs' Motion for Order: (1) Preliminarily Approving Settlement and Proposed Consent Decree; (2) Provisionally Certifying Settlement Classes; (3) Approving and Directing Distribution of Notice of the Settlement; and (4) Setting a Schedule

Wynne v. McCormick & Schmick's Seafood Restaurants

Feb. 28, 2008

Feb. 28, 2008

Pleading / Motion / Brief
81

4:06-cv-03153

Proposed Order

Wynne v. McCormick & Schmick’s Seafood Restaurants, Inc.

March 25, 2008

March 25, 2008

Settlement Agreement
82

4:06-cv-03153

Revised Order (1) Preliminarily Approving Class Action Settlement and Proposed Consent Decree; (2) Provisionally Certifying Settlement Classes; (3) Approving and Directing Distribution of Notice of the Settlement; and (4) Setting a Schedule

Wynne v. McCormick & Schmick's Seafood Restaurants

April 4, 2008

April 4, 2008

Order/Opinion
88

4:06-cv-03153

Plaintiffs' Notice of Motion and Motion for Final Approval of Class Action Settlement and Memorandum of Points and Authorities

Wynne v. McCormick & Schmick's Seafood Restaurants

July 2, 2008

July 2, 2008

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5758878/wynne-v-mccormick-schmicks-seafood-restaurants-inc/

Last updated April 6, 2025, 1:48 p.m.

ECF Number Date Description Link
2 May 11, 2006

ADR SCHEDULING ORDER: Case Management Statement due by 9/1/2006. Case Management Conference set for 9/8/2006 01:30 PM. (Attachments: # 1 Standing Order)(cjl, COURT STAFF) (Filed on 5/11/2006) (Entered: 05/15/2006)

PACER
May 11, 2006

Summons Issued as to McCormick & Schmick's Seafood Restaurants, Inc., McCormick & Schmick Restaurant Corp.. (cjl, COURT STAFF) (Filed on 5/11/2006) (Entered: 05/15/2006)

PACER
May 11, 2006

CASE DESIGNATED for Electronic Filing. (cjl, COURT STAFF) (Filed on 5/11/2006) (Entered: 05/15/2006)

PACER
3 June 8, 2006

NOTICE of Appearance by Gilmore F. Diekmann, Jr (Diekmann, Gilmore) (Filed on 6/8/2006) (Entered: 06/08/2006)

PACER
4 June 8, 2006

NOTICE of Appearance by Kamili Williams Dawson (Dawson, Kamili) (Filed on 6/8/2006) (Entered: 06/08/2006)

PACER
5 June 8, 2006

STIPULATION EXTENDING DEFENDANTS' TIME TO PLEAD by McCormick & Schmick's Seafood Restaurants, Inc., McCormick & Schmick Restaurant Corp., Juanita Wynne, Dante Byrd. (Diekmann, Gilmore) (Filed on 6/8/2006) (Entered: 06/08/2006)

PACER
6 June 8, 2006

NOTICE of Appearance by Thomas Larry Watts William C. Thomas (Watts, Thomas) (Filed on 6/8/2006) (Entered: 06/08/2006)

PACER
7 June 9, 2006

NOTICE of Appearance by Eric E. Hill (Hill, Eric) (Filed on 6/9/2006) (Entered: 06/09/2006)

PACER
8 June 9, 2006

NOTICE of Appearance by Thomas Larry Watts Michael L. Gallion (Watts, Thomas) (Filed on 6/9/2006) (Entered: 06/09/2006)

PACER
9 June 26, 2006

MOTION for leave to appear in Pro Hac Vice (Thomas A. Warren) filed by Juanita Wynne, Dante Byrd; fee paid, receipt #4412891 (cp, COURT STAFF) (Filed on 6/26/2006) Additional attachment(s) added on 6/26/2006 (cp, COURT STAFF). (Entered: 06/26/2006)

PACER
10 June 27, 2006

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO PLEAD by McCormick & Schmick's Seafood Restaurants, Inc., McCormick & Schmick Restaurant Corp.. (Diekmann, Gilmore) (Filed on 6/27/2006) (Entered: 06/27/2006)

PACER
11 June 30, 2006

ORDER re 10 Granting STIPULATION EXTENDING TIME TO PLEAD. Signed by Judge Claudia Wilken on 6/30/06. (scc, COURT STAFF) (Filed on 6/30/2006)

RECAP
12 July 7, 2006

ORDER by Judge Claudia Wilken GRANTING 9 Motion for Pro Hac Vice (Thomas A. Warren) (kc, COURT STAFF) (Filed on 7/7/2006) (Entered: 07/07/2006)

PACER
13 July 28, 2006

AMENDED COMPLAINT First Amended Complaint for Injunctive, Declaratory Relief, and Damages for Violations of 42 U.S.C. Section 1981, Title VII, and the California Fair Employment and Housing Act ; Jury Demand against McCormick & Schmick's Seafood Restaurants, Inc., McCormick & Schmick Restaurant Corp.. Filed byJuanita Wynne, Dante Byrd. (Finberg, James) (Filed on 7/28/2006) Modified on 7/31/2006 (cp, COURT STAFF). (Entered: 07/28/2006)

PACER
14 Aug. 18, 2006

ADR Certification (ADR L.R. 3−5b) of discussion of ADR options ADR CERTIFICATION BY PARTIES AND COUNSEL (Sagafi, Jahan) (Filed on 8/18/2006) (Entered: 08/18/2006)

PACER
15 Aug. 18, 2006

STIPULATION and Proposed Order selecting Private ADR by McCormick & Schmick's Seafood Restaurants, Inc., McCormick & Schmick Restaurant Corp., Juanita Wynne, Dante Byrd (Sagafi, Jahan) (Filed on 8/18/2006) (Entered: 08/18/2006)

PACER
17 Aug. 31, 2006

JOINT CASE MANAGEMENT STATEMENT AND PROPOSED ORDER filed by Juanita Wynne, Dante Byrd. (Finberg, James) (Filed on 8/31/2006) (Entered: 08/31/2006)

PACER
18 Sept. 1, 2006

DEMAND for Trial by Jury by McCormick & Schmick's Seafood Restaurants, Inc., McCormick & Schmick Restaurant Corp.. (Diekmann, Gilmore) (Filed on 9/1/2006) (Entered: 09/01/2006)

PACER
19 Sept. 1, 2006

ORDER re 15 Granting Stipulation r selecting Private ADR and REFERRING CASE to Private ADR. Signed by Judge Claudia Wilken on 9/1/06. (scc, COURT STAFF) (Filed on 9/1/2006)

RECAP
20 Sept. 27, 2006

MINUTE ORDER AND CASE MANAGEMENT ORDER: Case referred to Private ADR. Further Case Management Conference set for 8/10/2007 01:30 PM.. Signed by Judge Claudia Wilken on 9/27/06. (scc, COURT STAFF) (Filed on 9/27/2006) (Entered: 09/27/2006)

PACER
21 Sept. 29, 2006

TRANSCRIPT of Proceedings held on 9/8/2006 before Judge Claudia Wilken. Court Reporter: Diane E. Skillman. (kc, COURT STAFF) (Filed on 9/29/2006) (Entered: 10/02/2006)

PACER
22 Oct. 3, 2006

MOTION to Compel Production of Statistical Data and Memorandum of Points and Authorities filed by Juanita Wynne, Dante Byrd. (Attachments: # 1 Declaration of James M. Finberg in Support of Plaintiffs' Motion to Compel Production of Statistical Data# 2 Proposed Order Granting Plaintiffs' Motion to Compel Production of Statistical Data)(Lee, Bill) (Filed on 10/3/2006) (Entered: 10/03/2006)

PACER
23 Oct. 4, 2006

ORDER REFERRING CASE to Magistrate Judge for Discovery purposes. Signed by Judge Claudia Wilken on 10/4/06. (scc, COURT STAFF) (Filed on 10/4/2006) (Entered: 10/04/2006)

PACER
Oct. 4, 2006

CASE REFERRED to Magistrate Judge Bernard Zimmerman for Discovery (wh, COURT STAFF) (Filed on 10/4/2006) (Entered: 10/04/2006)

PACER
Oct. 4, 2006

MOTIONS 22 MOTION to Compel Production of Statistical Data and Memorandum of Points and Authorities REFERRED to Judge Judge Bernard Zimmerman. (cp, COURT STAFF) (Filed on 10/4/2006) (Entered: 10/05/2006)

PACER
24 Oct. 10, 2006

INITIAL DISCOVERY ORDER. Signed by Magistrate Judge Bernard Zimmerman on 10/10/2006. (bzsec, COURT STAFF) (Filed on 10/10/2006)

RECAP
25 Oct. 10, 2006

AMENDED INITIAL DISCOVER ORDER CORRECTING CAPTION OF ORDER. Signed by Magistrate Judge Bernard Zimmerman on 10/10/2006. (bzsec, COURT STAFF) (Filed on 10/10/2006)

RECAP
26 Oct. 12, 2006

Letter from Bill Lann Lee to Honorable Magistrate Judge Zimmerman . (Lee, Bill) (Filed on 10/12/2006) (Entered: 10/12/2006)

PACER
31 Oct. 13, 2006

MOTION for leave to appear in Pro Hac Vice (Gerald L. Maatman, Jr) filed by McCormick & Schmick's Seafood Restaurants, Inc., McCormick & Schmick Restaurant Corp..; Fee paid, receipt #3391215 (cp, COURT STAFF) (Filed on 10/13/2006) (Entered: 10/20/2006)

PACER
27 Oct. 16, 2006

Letter from Defendant McCormick & Schmick's. (Kaufman, Thomas) (Filed on 10/16/2006) (Entered: 10/16/2006)

PACER
28 Oct. 18, 2006

CLERK'S NOTICE SCHEDULING TELEPHONIC HEARING RE DISCOVERY DISPUTE(S). (bzsec, COURT STAFF) (Filed on 10/18/2006) (Entered: 10/18/2006)

PACER
30 Oct. 19, 2006

Minute Entry: Discovery Hearing held on 10/19/2006 before Magistrate Judge Bernard Zimmerman (Date Filed: 10/19/2006). (Tape #TC 22−06.) (bzsec, COURT STAFF) (Date Filed: 10/19/2006) Modified on 10/23/2006 (cp, COURT STAFF). (Entered: 10/20/2006)

PACER
32 Oct. 19, 2006

ORDER by Judge Claudia Wilken granting 31 Motion for Pro Hac Vice (Gerald L. Maatman, Jr.) (cp, COURT STAFF) (Filed on 10/19/2006) (Entered: 10/20/2006)

PACER
29 Oct. 20, 2006

SCHEDULING ORDER. Signed by Magistrate Judge Bernard Zimmerman on 10/20/2006. (bzsec, COURT STAFF) (Filed on 10/20/2006)

RECAP
Oct. 23, 2006

Set/Reset Deadlines as to 22 MOTION to Compel Production of Statistical Data and Memorandum of Points and Authorities . Motion Hearing set for 11/29/2006 10:00 AM. (cp, COURT STAFF) (Filed on 10/23/2006) (Entered: 10/23/2006)

PACER
33 Nov. 3, 2006

Amended MOTION to Compel Production of Statistical Data and Memorrandum of Points and Authorities filed by Juanita Wynne, Dante Byrd. Motion Hearing set for 11/29/2006 10:00 AM in Courtroom G, 15th Floor, San Francisco. (Attachments: # 1 Affidavit Declaration of Bill Lann Lee# 2 Affidavit Declaration of James M. Finberg# 3 Proposed Order # 4 Supplement Plaintiffs' Local Rule 37−2 Filing in Support of Motion to Compel)(Lee, Bill) (Filed on 11/3/2006) Modified on 11/6/2006 (cp, COURT STAFF). (Entered: 11/03/2006)

PACER
34 Nov. 3, 2006

STIPULATION and Proposed Order Regarding Plaintiffs' Motion to Compel Production of Statistical Data by Juanita Wynne, Dante Byrd. (Lee, Bill) (Filed on 11/3/2006) (Entered: 11/03/2006)

PACER
35 Nov. 3, 2006

Declaration of Bill Lann Lee with Exhibits A and B re 33 MOTION to Compel Production of Statistical Data and Memorrandum of Points and Authorities by Juanita Wynne, Dante Byrd. (Lee, Bill) (Filed on 11/3/2006) Modified on 11/6/2006 (cp, COURT STAFF). (Entered: 11/03/2006)

PACER
36 Nov. 6, 2006

STIPULATION AND ORDER. Signed by Magistrate Judge Bernard Zimmerman on 11/6/2006. (bzsec, COURT STAFF) (Filed on 11/6/2006)

RECAP
37 Nov. 13, 2006

Memorandum in Opposition re 33 MOTION to Compel Production of Statistical Data and Memorrandum of Points and Authorities Defendants' Opposition to Motion to Compel Production of Statistical Data filed byMcCormick & Schmick's Seafood Restaurants, Inc., McCormick & Schmick Restaurant Corp.. (Attachments: # 1 Affidavit Decl of Marit Cadwell# 2 Affidavit Decl of Michael L. Gallion)(Thomas, William) (Filed on 11/13/2006) (Entered: 11/13/2006)

PACER
38 Nov. 14, 2006

CERTIFICATE OF SERVICE by McCormick & Schmick's Seafood Restaurants, Inc., McCormick & Schmick Restaurant Corp. re 37 Memorandum in Opposition, Proof of Service (Thomas, William) (Filed on 11/14/2006) (Entered: 11/14/2006)

PACER
39 Nov. 17, 2006

Reply to Opposition re 33 MOTION to Compel Production of Statistical Data and Memorrandum of Points and Authorities filed byJuanita Wynne, Dante Byrd. (Attachments: # 1 Affidavit Declaration of Jahan Sagafi)(Sagafi, Jahan) (Filed on 11/17/2006) (Entered: 11/17/2006)

PACER
40 Nov. 22, 2006

CLERK'S NOTICE REGARDING TENTATIVE RULING. (Attachments: # 1) (bzsec, COURT STAFF) (Filed on 11/22/2006) (Entered: 11/22/2006)

PACER
41 Nov. 28, 2006

Letter from Bill Lann Lee and Michael L. Gallion to Honorable Bernard Zimmerman . (Lee, Bill) (Filed on 11/28/2006) (Entered: 11/28/2006)

PACER
42 Nov. 28, 2006

ORDER by Magistrate Judge Bernard Zimmerman granting in part 33 Motion to Compel (bzsec, COURT STAFF) (Filed on 11/28/2006)

RECAP
43 Nov. 28, 2006

CLERK'S NOTICE VACATING HEARING. (bzsec, COURT STAFF) (Filed on 11/28/2006) (Entered: 11/28/2006)

PACER
44 Dec. 18, 2006

NOTICE of Appearance by Kelly M. Dermody (Dermody, Kelly) (Filed on 12/18/2006) (Entered: 12/18/2006)

PACER
45 Jan. 16, 2007

NOTICE of Appearance by Eve H. Cervantez (Cervantez, Eve) (Filed on 1/16/2007) (Entered: 01/16/2007)

PACER
46 Jan. 16, 2007

NOTICE by Juanita Wynne, Dante Byrd ASSOCIATION OF COUNSEL (Finberg, James) (Filed on 1/16/2007) (Entered: 01/16/2007)

PACER
47 Jan. 17, 2007

NOTICE by Juanita Wynne, Dante Byrd of Change of Firm of Bill Lann Lee and Notice of Firm Name Change (Cheng, Vincent) (Filed on 1/17/2007) (Entered: 01/17/2007)

PACER
49 March 7, 2007

Letter from Reiko Furuta to Honorable Judge Bernard Zimmerman . (Thomas, William) (Filed on 3/7/2007) (Entered: 03/07/2007)

PACER
50 March 7, 2007

ORDER GRANTING REQUEST OF DEFENDANT MCCORMICK & SCHMICK. Signed by Magistrate Judge Bernard Zimmerman on 3/7/2007. (bzsec, COURT STAFF) (Filed on 3/7/2007)

RECAP
51 March 7, 2007

CLERK'S NOTICE SCHEDULING TELEPHONIC CONFERENCE RE DISCOVERY DISPUTE. (bzsec, COURT STAFF) (Filed on 3/7/2007) (Entered: 03/07/2007)

PACER
March 8, 2007

Set/Reset Hearings: Telephonic Conference re discovery dispute set for 3/15/2007 09:00 AM (cp, COURT STAFF) (Filed on 3/8/2007) (Entered: 03/08/2007)

PACER
52 March 12, 2007

Letter from William C. Thomas, III. (Thomas, William) (Filed on 3/12/2007) (Entered: 03/12/2007)

PACER
53 March 15, 2007

Minute Entry: Discovery Hearing held on 3/15/2007 before Magistrate Judge Bernard Zimmerman (Date Filed: 3/15/2007). (Tape #TC 05−07.) (bzsec, COURT STAFF) (Date Filed: 3/15/2007) (Entered: 03/15/2007)

PACER
54 March 15, 2007

SECOND DISCOVERY ORDER. Signed by Magistrate Judge Bernard Zimmerman on 3/15/2007. (bzsec, COURT STAFF) (Filed on 3/15/2007)

RECAP
55 March 16, 2007

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 4/18/2007 10:00 AM. Show Cause Response due by 3/30/2007.. Signed by Magistrate Judge Bernard Zimmerman on 3/16/2007. (bzsec, COURT STAFF) (Filed on 3/16/2007)

RECAP
56 March 19, 2007

NOTICE by Juanita Wynne, Dante Byrd Notice of Lodging of Audiotape and Transcript (Sagafi, Jahan) (Filed on 3/19/2007) (Entered: 03/19/2007)

PACER
57 March 19, 2007

NOTICE to Employee of Privacy Rights by McCormick & Schmick's Seafood Restaurants, Inc., McCormick & Schmick Restaurant Corp. (cp, COURT STAFF) (Filed on 3/19/2007) Additional attachment(s) added on 4/3/2007 (cp, COURT STAFF). (Entered: 03/23/2007)

PACER
58 March 19, 2007

CLERK'S NOTICE re: Failure to E−File (docket #57) (cp, COURT STAFF) (Filed on 3/19/2007) (Entered: 03/23/2007)

PACER
59 March 27, 2007

CLERK'S NOTICE Order to Show Cause Hearing reset to 4/18/2007 02:00 PM. (ls, COURT STAFF) (Filed on 3/27/2007) (Entered: 03/27/2007)

PACER
60 March 30, 2007

Response to Order to Show Cause byJuanita Wynne, Dante Byrd. (Sagafi, Jahan) (Filed on 3/30/2007) Modified on 4/2/2007 (cp, COURT STAFF). (Entered: 03/30/2007)

PACER
61 March 30, 2007

Response to Order to Show Cause ; DECLARATION OF MICHAEL L. GALLION IN SUPPORT THEREOF byMcCormick & Schmick's Seafood Restaurants, Inc., McCormick & Schmick Restaurant Corp.. (Attachments: # 1 Affidavit Proof of Service)(Thomas, William) (Filed on 3/30/2007) (Entered: 03/30/2007)

PACER
62 April 2, 2007

ORDER DISCHARGING ORDER TO SHOW CAUSE. Signed by Magistrate Judge Bernard Zimmerman on 4/2/2007. (bzsec, COURT STAFF) (Filed on 4/2/2007)

RECAP
63 April 5, 2007

NOTICE of Appearance by Rebekah B. Evenson (Evenson, Rebekah) (Filed on 4/5/2007) (Entered: 04/05/2007)

PACER
64 May 2, 2007

STIPULATION and PROPOSED ORDER FOR PROTECTIVE ORDER by McCormick & Schmick's Seafood Restaurants, Inc., McCormick & Schmick Restaurant Corp.. (Thomas, William) (Filed on 5/2/2007) Modified on 5/3/2007 (cp, COURT STAFF). (Entered: 05/02/2007)

PACER
May 2, 2007

Received Confidentiality Agreement and Stipulation for Protective Order by Juanita Wynne, Dante Byrd. (kc, COURT STAFF) (Filed on 5/2/2007) (Entered: 05/03/2007)

PACER
65 May 3, 2007

ORDER re 64 granting STIPULATION FOR PROTECTIVE ORDER. Signed by Judge Claudia Wilken on 5/3/07. (scc, COURT STAFF) (Filed on 5/3/2007)

RECAP
66 May 14, 2007

STIPULATION AND [PROPOSED] ORDER REGARDING CLASS CERTIFICATION BRIEFING SCHEDULE by Juanita Wynne, Dante Byrd. (Finberg, James) (Filed on 5/14/2007) (Entered: 05/14/2007)

PACER
67 May 16, 2007

AMENDED STIPULATION AND [PROPOSED] ORDER REGARDING CLASS CERTIFICATION BRIEFING SCHEDULE by Juanita Wynne, Dante Byrd. (Finberg, James) (Filed on 5/16/2007) Modified on 5/17/2007 (cp, COURT STAFF). (Entered: 05/16/2007)

PACER
68 May 18, 2007

ORDER re 67 granting AMENDED STIPULATION REGARDING CLASS CERTIFICATION BRIEFING SCHEDULE. Motion Hearing set for 10/25/2007 02:00 PM.. Signed by Judge Claudia Wilken on 5/18/07. (scc, COURT STAFF) (Filed on 5/18/2007)

RECAP
69 May 18, 2007

CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. Further Case Management Conference set for 10/25/2007 02:00 PM. (scc, COURT STAFF) (Filed on 5/18/2007) (Entered: 05/18/2007)

PACER
70 July 16, 2007

Stipulation and Proposed Order Staying Case Pending Mediation Discussing and Deferring Class Certification Briefing Schedule by Juanita Wynne, Dante Byrd. (Evenson, Rebekah) (Filed on 7/16/2007) Modified on 7/17/2007 (cp, COURT STAFF). (Entered: 07/16/2007)

PACER
71 July 26, 2007

ORDER re 70 GRANTING Stipulation Staying Case Pending Mediation Discussing and Deferring Class Certification Briefing Schedule. Signed by Judge CLAUDIA WILKEN on 7/26/07. (scc, COURT STAFF) (Filed on 7/26/2007)

RECAP
72 Sept. 27, 2007

Proposed Order and Stipulation Staying Case Pending Further Mediation Discussions, Ordering Parites and Insurance Carriers to Attend Mediation Session at Oakland Courthouse, and Deferring Class Certification Briefing Schedule by Juanita Wynne, Dante Byrd. (Finberg, James) (Filed on 9/27/2007) (Entered: 09/27/2007)

PACER
73 Oct. 1, 2007

***FILED IN ERROR, SEE DOCUMENT # 74 *** Revised Stipulation and Proposed Order Staying Case Pending Further Mediation Discussions; Ordering Parties and Insurance Carriers to Attend Mediation Session; and Deferring Class Certification Schedule by Juanita Wynne, Dante Byrd. (Finberg, James) (Filed on 10/1/2007) Modified on 10/2/2007 (cp, COURT STAFF). Modified on 10/2/2007 (cp, COURT STAFF). (Entered: 10/01/2007)

PACER
74 Oct. 2, 2007

Second Revised Stipulation and (Proposed) Order Staying Case Pending Further Mediation Discussions; Ordering Parties and Insurance Carriers to Attend Mediation Session; and Deferring Class Certification Briefing Schedule by Juanita Wynne, Dante Byrd. (Finberg, James) (Filed on 10/2/2007) Modified on 10/3/2007 (cp, COURT STAFF). (Entered: 10/02/2007)

PACER
75 Oct. 3, 2007

ORDER re 74 granting Second Revised Stipulation Staying Case Pending Further Mediation Discussions; Ordering Parties and Insurance Carriers to Attend Mediation Session; and Deferring Class Certification Briefing Schedule. Signed by Judge Claudia Wilken on 10/3/07. (scc, COURT STAFF) (Filed on 10/3/2007)

RECAP
76 Feb. 15, 2008

STIPULATION AND [PROPOSED] ORDER SETTING PRELIMINARY APPROVAL BRIEFING SCHEDULE; SETTING PRELIMINARY APPROVAL HEARING DATE AND VACATING CLASS CERTIFICATION BRIEFING SCHEDULE by Juanita Wynne, Dante Byrd, McCormick & Schmick Restaurant Corp, et al. (Finberg, James) (Filed on 2/15/2008) Modified on 2/19/2008 (cp, COURT STAFF). (Entered: 02/15/2008)

PACER
77 Feb. 28, 2008

MOTION for Settlement Plaintiffs' Motion for Order (1) Preliminarily Approving Class Action Settlement and Proposed Consent Decree; and (2) Provisionally Certifying Settlement Classes; and (3) Approving and Directing Distribution of Notice of the Settlement; and (4) Setting a Schedule for the Final Settlement Approval Process filed by Juanita Wynne, Dante Byrd. Motion Hearing set for 4/3/2008 02:00 PM in Courtroom 2, 4th Floor, Oakland. (Evenson, Rebekah) (Filed on 2/28/2008) Modified on 2/29/2008 (cp, COURT STAFF). (Entered: 02/28/2008)

PACER
78 Feb. 28, 2008

Declaration of James Finberg in Support of Motion for Order: (1) Preliminarily Approving Class Action Settlement and Proposed Consent Decree; (2) Provisionally Certifying Settlement Classes; (3) Approving and Directing Distribution of Notice of the Settlement; and (4) Setting a Schedule for the Final Settlement Approval Process filed byJuanita Wynne, Dante Byrd. (Attachments: # 1 Exhibit to the Declaration of James Finberg)(Evenson, Rebekah) (Filed on 2/28/2008) (Entered: 02/28/2008)

PACER
79 Feb. 28, 2008

Proposed Order (1) Preliminarily Approving Class Action Settlement and Proposed Consent Decree; (2) Provisionally Certifying Settlement Classes; (3) Approving and Directing Distribution of Notice of the Settlement; and (4) Setting Schedule for Final Settlement Approval Process by Juanita Wynne, Dante Byrd. (Attachments: # 1 Exhibit 1 to Proposed Order [Proposed Consent Decree], # 2 Exhibit 2 to Proposed Order [Notice of Class Action Settlement], # 3 Exhibit 3 to Proposed Order [Claim Form])(Evenson, Rebekah) (Filed on 2/28/2008) (Entered: 02/28/2008)

PACER
80 March 6, 2008

ORDER re 76 granting STIPULATION SETTING PRELIMINARY APPROVAL BRIEFING SCHEDULE; SETTING PRELIMINARY APPROVAL HEARING DATE AND VACATING CLASS CERTIFICATION BRIEFING SCHEDULE. Signed by Judge Claudia Wilken on 3/6/08. (scc, COURT STAFF) (Filed on 3/6/2008)

RECAP
81 March 25, 2008

Revised Proposed Order (1) Preliminarily Approving Class Action Settlement and Proposed Consent Decree; (2) Provisionally Certifying Settlement Classes; (3) Approving and Directing Distribution of Notice of the Settlement; and (4) Setting a Schedule for the Final Settlement Approval Process by Juanita Wynne, Dante Byrd. (Attachments: # 1 Exhibit 1 Proposed Consent Decree, # 2 Exhibit 2 Proposed Class Notice, # 3 Exhibit 3 Proposed Claim Form)(Evenson, Rebekah) (Filed on 3/25/2008) Modified on 3/26/2008 (cp, COURT STAFF). (Entered: 03/25/2008)

PACER
83 April 3, 2008

Minute Entry: Motion Hearing held on 4/3/2008 before Claudia Wilken (Date Filed: 4/3/2008) re 77 MOTION for Order (1) Preliminarily Approving Class Action Settlement and Proposed Consent Decree; and (2) Provisionally Certifying Settlement Classes; and (3) Approving and Directing Distribution of Notice of MOTION for Order (1) Preliminarily Approving Class Action Settlement and Proposed Consent Decree; and (2) Provisionally Certifying Settlement Classes; and (3) Approving and Directing Distribution of Notice of MOTION for Order (1) Preliminarily Approving Class Action Settlement and Proposed Consent Decree; and (2) Provisionally Certifying Settlement Classes; and (3) Approving and Directing Distribution of Notice of filed by Juanita Wynne, Dante Byrd. Fairness Hearing set for 8/7/2008 02:00 PM. (Court Reporter Diane Skillman.) (scc, COURT STAFF) (Date Filed: 4/3/2008) (Entered: 04/07/2008)

PACER
82 April 4, 2008

ORDER by Judge Claudia Wilken granting 77 MOTION for Settlement Plaintiffs' Motion for Order (1) Preliminarily Approving Class Action Settlement and Proposed Consent Decree; and (2) Provisionally Certifying Settlement Classes; and (3) Approving and Directing Distribution of Notice of the Settlement; and (4) Setting a Schedule for the Final Settlement Approval Process (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (scc, COURT STAFF) (Filed on 4/4/2008) (Entered: 04/04/2008)

PACER
April 4, 2008

Set/Reset Hearings: Fairness Hearing set for 8/7/2008 02:00 PM. (scc, COURT STAFF) (Filed on 4/4/2008) (Entered: 04/04/2008)

PACER
84 April 24, 2008

STIPULATION EXTENDING TIME TO PRODUCE DATA by McCormick & Schmick's Seafood Restaurants, Inc., McCormick & Schmick Restaurant Corp.. (Attachments: # 1 Proposed Order [PROPOSED] ORDER EXTENDING TIME TO PRODUCE DATA)(Thomas, William) (Filed on 4/24/2008) (Entered: 04/24/2008)

PACER
85 April 28, 2008

ORDER re 84 granting STIPULATION EXTENDING TIME TO PRODUCE DATA. Signed by Judge Claudia Wilken on 4/28/08. (scc, COURT STAFF) (Filed on 4/28/2008)

RECAP
87 May 8, 2008

ORDER re 86 granting STIPULATION REVISING NOTICE MATERIALS AND EXTENDING CLAIMS ADMINISTRATOR DEADLINES. Signed by Judge Claudia Wilken on 5/8/08. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(scc, COURT STAFF) (Filed on 5/8/2008)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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RECAP
88 July 2, 2008

MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND MEMORANDUM OF POINTS AND AUTHORITIES filed by Juanita Wynne, Dante Byrd. Motion Hearing set for 8/7/2008 02:00 PM in Courtroom 2, 4th Floor, Oakland. (Finberg, James) (Filed on 7/2/2008) Modified on 7/3/2008 (cp, COURT STAFF). (Entered: 07/02/2008)

PACER
89 July 2, 2008

Declaration of James M. Finberg IN SUPPORT OF (1) MOTION FOR FINAL APPROVAL OF SETTLEMENT; (2) CLASS COUNSEL'S APPLICATION FOR AN AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF COSTS; AND (3) MOTION FOR SERVICE PAYMENTS filed byJuanita Wynne, Dante Byrd. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Finberg, James) (Filed on 7/2/2008) (Entered: 07/02/2008)

PACER
90 July 2, 2008

Declaration of John Keane RE NOTICE PROCEDURES filed byJuanita Wynne, Dante Byrd. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Finberg, James) (Filed on 7/2/2008) (Entered: 07/02/2008)

PACER
91 July 2, 2008

Proposed Order CONFIRMING FINAL CERTIFICATION OF CLASS ACTION AND GRANTING FINAL APPROVAL TO CLASS ACTION SETTLEMENT AND CONSENT DECREE by Juanita Wynne, Dante Byrd. (Finberg, James) (Filed on 7/2/2008) (Entered: 07/02/2008)

PACER
92 July 2, 2008

MOTION OF CLASS COUNSEL FOR AN AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF COSTS AND EXPENSES filed by Juanita Wynne, Dante Byrd. Motion Hearing set for 8/7/2008 02:00 PM in Courtroom 2, 4th Floor, Oakland. (Finberg, James) (Filed on 7/2/2008) Modified on 7/3/2008 (cp, COURT STAFF). (Entered: 07/02/2008)

PACER
93 July 2, 2008

Declaration of Bill Lann Lee IN SUPPORT OF PLAINTIFFS' MOTION FOR AWARD OF ATTORNEYS' FEES filed byJuanita Wynne, Dante Byrd. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Finberg, James) (Filed on 7/2/2008) (Entered: 07/02/2008)

PACER
94 July 2, 2008

Declaration of Jahan C. Sagafi IN SUPPORT OF (1) MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT, (2) APPLICATION OF CLASS COUNSEL FOR AN AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT FO COSTS AND EXPENSES, AND (3) MOTION FOR AWARD OF CLASS REPRESENTATIVE SERVICE PAYMENTS filed byJuanita Wynne, Dante Byrd. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Finberg, James) (Filed on 7/2/2008) (Entered: 07/02/2008)

PACER
95 July 2, 2008

Declaration of Thomas A. Warren IN SUPPORT OF CLASS COUNSEL'S APPLICATION FOR AN AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF COSTS filed byJuanita Wynne, Dante Byrd. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Finberg, James) (Filed on 7/2/2008) (Entered: 07/02/2008)

PACER
96 July 2, 2008

Declaration of Eric B. Kingsley filed byJuanita Wynne, Dante Byrd. (Attachments: # 1 Exhibit 1)(Finberg, James) (Filed on 7/2/2008) (Entered: 07/02/2008)

PACER

Case Details

State / Territory:

California

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Private Employment Class Actions

Key Dates

Filing Date: May 11, 2006

Closing Date: 2013

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

All African Americans who since May 11, 2002 had been employed as non-management employees; and who had been denied positions in management or "front of the house."

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Private Entity/Person

McCormick & Schmick’s Seafood Restaurants

Defendant Type(s):

Retailer

Case Details

Causes of Action:

42 U.S.C. § 1981

State law

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

Other Dockets:

Northern District of California 4:06-cv-03153

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $2.1 million

Order Duration: 2008 - 2013

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

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

Disparate Treatment

Hiring

Pay / Benefits

Promotion

Training

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Recommended Citation