Case: Middleton v. Publix Super Markets

CLASS ACTION COMPLAINT filed − employment discrimination/race − jury demanded (crb) (Entered: 04/07/1997)

FILING FEE PAID in the amount of $150.00 Receipt # 53709 (crb) (Entered: 04/07/1997)

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Thomas McCoun (crb) (Entered: 04/07/1997)

SUMMONS(ES) issued for Publix Super Market. Consent(s) issued. (crb) (Entered: 04/07/1997)

MOTION by Lemuel Middleton and plaintiffs with memorandum in support for leave to conduct class communications ; attachments. (crb) (Entered: 04/14/1997)

NOTICE of designation under Local Rule 3.05 − TRACK 3. (ctc) (crb) (Entered: 04/17/1997)

RESPONSE by Publix Super Market to [2−1] motion for leave to conduct class communications. Attachment. (crb) (Entered: 04/18/1997)

EMERGENCY MOTION by Lemuel Middleton and plaintiffs with memorandum in support to be relieved from Local Rule 4.04(e); so that plaintiffs' counsel can respond to inquiries from potential class members ; attachments. (crb) Modified on 04/24/1997 (Entered: 04/22/1997)

RESPONSE by Publix Super Market to [6−1] emergency motion to be relieved from Local Rule 4.04(e); so that plaintiffs' counsel can respond to inquiries from potential class members. (crb) Modified on 04/24/1997 (Entered: 04/22/1997)

ORDER granting [2−1] plaintiffs' motion for leave to conduct class communications; denying as moot [6−1] motion to be relieved from Local Rule 4.04(e). ( Signed by Judge Henry L. Adams Jr. ) ctc (crb) Modified on 04/24/1997 (Entered: 04/23/1997)

FAXED a copy of order 8 to Kent Spriggs, Esq. and Dinita James, Esq. (crb) (Entered: 04/23/1997)

CONSENTED MOTION by Publix Super Market with memorandum in support to extend time to 05/19/97 in which to respond to the complaint (crb) (Entered: 04/25/1997)

ORDER granting [9−1] motion to extend time to 05/19/97 in which to respond to the complaint. Defendant has until 5/19/97 to respond to complaint. reset answer due for 5/19/97 for Publix Super Market ( Signed by Judge Henry L. Adams Jr. ) ctc (gw) (Entered: 04/28/1997)

APPLICATION of Non−Resident Counsel and Designation of Local Counsel as to Publix Super Market . Local Counsel: . Non−Resident Counsel: . (crb) (Entered: 05/01/1997)

APPLICATION of Non−Resident Counsel, C. Geoffrey Weirich and William B. Hill, Jr. of Paul, Hastings, and Designation of Local Counsel, Dinita L. James of Trenam, Kember, on behalf of Publix Super Market. Good Standing forms attached. (crb) (Entered: 05/01/1997)

MOTION by Lemuel Middleton, Reginald Lewis, John Kee, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Laswanya Jackson, David Kee, Byron Williams, Victor Kee, Andrew Lovett, Madeline Riley, Sherria Campbell, Charles Jackson with memorandum in support to extend time to 09/30/97 in which to file class certification motion (crb) (Entered: 05/07/1997)

MEMORANDUM by Publix Super Market in opposition to [13−1] motion to extend time to 09/30/97 in which to file class certification motion. (crb) (Entered: 05/07/1997)

ORDER granting [12−1] plaintiffs' motion to take class action discovery; granting [13−1] plaintiffs' motion to extend time in which to file class certification motion; reset class action discovery due for 9/15/97 ; case management report is due on 05/23/97; motions related to class allegation discovery shall be filed by 08/15/97; responses are due seven days thereafter; plaintiff shall file a motion for class certification by 09/30/97; defendants' response is due 10/21/97; plaintiffs' reply is due 10/28/97; set hearing on motion for class certification for 11/14/97 at 9:00 Scheduled for Judge Henry L. Adams Jr. ; joint statement pertaining to class allegations is due five days before the hearing on 11/14/97; case management report on merits discovery and motion practice is due three days prior to hearing on 11/14/97; discovery on merits shall commence on 10/29/97 ; set hearing for preliminary pretrial conference for 11/14/97 at 9:00 Scheduled for Judge Henry L. Adams Jr. ( Signed by Judge Henry L. Adams Jr. ) ctc (crb) (Entered: 05/13/1997)

Deadline corrected; set preliminary pretrial conference for 9:00 a.m. on 11/14/97 Scheduled for Judge Henry L. Adams Jr. as set by order 15 (crb) (Entered: 05/13/1997)

MOTION by Lemuel Middleton and plaintiffs with memorandum in support in limine re: releases by defendant to potential class members , in limine re: exclusion of class "B" sworn declaration , in limine re: notice to potential class members ; attachments. SEE: 01/14/98 Publix's Notice of imminent change of factual circumstances 178 . (crb) Modified on 01/15/1998 (Entered: 05/16/1997)

ANSWER to complaint with defenses by Publix Super Market. (crb) (Entered: 05/20/1997)

CASE MANAGEMENT REPORT on class certification discovery. (crb) (Entered: 05/27/1997)

RESPONSE by Publix Super Market to [16−1] motion in limine re: releases by defendant to potential class members, [16−2] motion in limine re: exclusion of class "B" sworn declaration, [16−3] motion in limine re: notice to potential class members. Attachments. SEE: 01/14/98 Publix's Notice of imminent change of factual circumstances 178 (crb) Modified on 01/15/1998 (Entered: 06/04/1997)

NOTICE of JOINT REPORT on resolution of case management dispute by Lemuel Middleton and class plaintiffs and Publix Super Market. (crb) (Entered: 06/04/1997)

MOTION by Lemuel Middleton and class plaintiffs and Publix Super Market with memorandum in support to extend time to 10/06/97 in which to complete expert discovery regarding class certification (crb) (Entered: 06/04/1997)

STIPULATION and JOINT MOTION for order governing the exchange and protection of confidential information by plaintiff Lemuel Middleton and class plaintiffs and defendant Publix Super Market. Proposed order affixed. (crb) (Entered: 06/09/1997)

ORDER approving [21−1] stipulation re: governing the exchange and protection of confidential information. ( Signed by Mag. Judge Thomas B. McCoun III ) ctc

DECLARATION of Florence Toalston by Lemuel Middleton and class plaintiffs re: [23−1] motion to compel. (crb) (Entered: 06/26/1997)

DECLARATION of La Ray Williams by Lemuel Middleton and class plaintiffs re: [23−1] motion to compel. (crb) (Entered: 06/26/1997)

AFFIDAVIT of John Williams by Lemuel Middleton and class plaintiffs re: [23−1] motion to compel. (crb) (Entered: 06/26/1997)

DECLARATION of Geanie Moore by Lemuel Middleton and class plaintiffs re: [23−1] motion to compel. (crb) (Entered: 06/26/1997)

DECLARATION of Loretta Thompson by Lemuel Middleton and class plaintiffs re: [23−1] motion to compel. (crb) (Entered: 06/26/1997)

NOTICE of appearance of John J. Gallager of Paul, Hastings and DESIGNATION and consent−to−act of Dinita L. James of Trenam, Kemker on behalf of Publix Super Market. (crb) (Entered: 07/01/1997)

NOTICE of filing affidavits of Deric F. Tipton, Esq., Tiffany Capers and Anthony Kearney in support of motion to compel disclosure of electronic human resources data by Lemuel Middleton and class plaintiffs. Attachments. (crb) (Entered: 07/08/1997)

AFFIDAVIT of Deric F. Tipton, Esq. by Lemuel Middleton and class plaintiffs re: [23−1] motion to compel disclosure of electronic human resources data. (crb) (Entered: 07/08/1997)

DECLARATION of Tiffany Capers by Lemuel Middleton and class members re: [23−1] motion to compel disclosure of electronic human resources data. (crb) (Entered: 07/08/1997)

DECLARATION of Anthony Kearney by Lemuel Middleton and class plaintiffs re: [23−1] motion to compel disclosure of electronic human resources data. (crb) (Entered: 07/08/1997)

MEMORANDUM by Publix Super Market in opposition to [23−1] motion to compel disclosure of electronic human resources data. Attachments. (crb) (Entered: 07/15/1997)

NOTICE of filing declaration of Kelly Williams 28 by Publix Super Market. (crb) (Entered: 07/17/1997)

DECLARATION of Kelly Williams by Publix Super Market re: [26−1] memorandum in opposition to plaintiffs' motion to compel. (crb) (Entered: 07/17/1997)

SUPPLEMENTAL [23−1] motion (supplemental) to compel disclosure of electronic human resources data by Lemuel Middleton and class plaintiffs referred to Mag. Judge Thomas B. McCoun III. Attachment. (crb) (Entered: 08/05/1997)

NOTICE of hearing: setting hearing for 2:00 p.m. on 8/21/97 re: [29−1] supplemental motion to compel disclosure of electronic human resources data and [23−1] motion to compel disclosure of electronic human resources data; scheduled for Mag. Judge Thomas B. McCoun III ctc (crb) (Entered: 08/06/1997)

MOTION by Lemuel Middleton and class plaintiffs with memorandum in support to amend and modify [15−1] order of 05/08/97 governing class certification schedule (crb) (Entered: 08/11/1997)

EMERGENCY MOTION by Lemuel Middleton and class plaintiffs with memorandum in support to modify order 15 dated 05/08/97 governing class certification schedule (crb) (Entered: 08/13/1997)

MOTION by Lemuel Middleton and class plaintiffs to compel responses to first request for production referred to Mag. Judge Thomas B. McCoun III. Attachments. (crb) (Entered: 08/15/1997)

MOTION by Publix Super Market with memorandum in support to compel compliance with subpoena referred to Mag.Judge Thomas B. McCoun III. Exhibits attached. (gw) (Entered: 08/19/1997)

MOTION by Publix Super Market with memorandum in support to compel to comply with discovery requests referred to Mag.Judge Thomas B. McCoun III. Appendix and exhibits attached. (gw) (Entered: 08/19/1997)

RESPONSE by Publix Super Market to [29−1] supplemental motion (supplemental) to compel disclosure of electronic human resources data. Exhibit attached. (gw) (Entered: 08/19/1997)

NOTICE of filing by Publix Super Market. Exhibit attached. (gw) (Entered: 08/19/1997)

RESPONSE by Publix Super Market to [32−1] plaintiffs' motion to modify order 15 dated 05/08/97 governing class certification schedule and [31−1] motion to amend and modify [15−1] order of 05/08/97 governing class certification schedule. (crb) (Entered: 08/21/1997)

NOTICE of filing original subpoena duces tecum directed to United Food and Commercial Workers by Publix Super Market. (crb) (Entered: 08/21/1997)

NOTICE of filing declaration of David Kuncicky by Lemuel Middleton and class plaintiffs. (crb) (Entered: 08/22/1997)

DECLARATION of David Kuncicky by Lemuel Middleton and class plaintiffs re: [23−1] plaintiffs motion to compel disclosure of electronic human resources data. Attachments. (crb) (Entered: 08/22/1997)

MINUTE ENTRY: Hearing held on plaintiffs' motion to compel electronic data on 08/21/97 before Magistrate Judge Thomas McCoun. Court Reporter: Tape 104, 2627 − 7360 (crb) (Entered: 08/22/1997)

Motion hearing held on 08/21/97 re: [23−1] plaintiffs' motion to compel disclosure of electronic human resources data (crb) (Entered: 08/22/1997)

MEMORANDUM by Publix Super Market in opposition to [34−1] plaintiffs' motion to compel responses to first request for production. Attachments. 09/09/97 See corrected copy. (crb) Modified on 09/10/1997 (Entered: 08/25/1997)

STIPULATION of dismissal with prejudice as to all claims of John Kee against Publix Super Market; each party to bear own costs. (crb) (Entered: 08/26/1997)

STIPULATION of dismissal with prejudice of all claims of Laswanya Jackson against Publix Super Market; each party to bear own costs. (crb) (Entered: 08/26/1997)

EMERGENCY MOTION by Publix Super Market with memorandum in support for protective order regarding plaintiff's notice of deposition set for 09/03/97 referred to Mag. Judge Thomas B. McCoun III (crb) (Entered: 08/28/1997)

ORDER that all deadlines set by order of 05/09/97 shall be extended by 30 days; granting [20−1] parties' joint motion for leave to complete expert discovery on class certification after cutoff; denying [31−1] plaintiff's motion to modify order 15 dated 05/08/97 governing class certification schedule and [32−1] emergency motion concerning scheduling; reset filing deadline for motion for class certification for 10/30/97 ; reset discovery on class certification due for 10/15/97 ; reset preliminary pretrial conference for 9:00 a.m. on 12/12/97; scheduled for Judge Henry L. Adams Jr. ( Signed by Judge Henry L. Adams Jr. ) ctc (crb) (Entered: 08/28/1997)

NOTICE of filing expert report in declaration of David W. Rasmussen 49 by Lemuel Middleton and class plaintiffs. (crb) (Entered: 08/28/1997)

DECLARATION of David W. Rasmussen, expert's report, by Lemuel Middleton and class plaintiffs. (crb) Modified on 09/12/1997 (Entered: 08/28/1997)

RESPONSE by Lemuel Middleton and class plaintiffs to [36−1] defendant's motion to compel. Attachments. (crb) Modified on 09/12/1997 (Entered: 08/28/1997)

MOTION by Lemuel Middleton and class plaintiffs to file response 29 to motion to compel out of time referred to Mag. Judge Thomas B. McCoun III. (crb) Modified on 09/12/1997 (Entered: 08/28/1997)

RESPONSE by United Food Union to [35−1] defendant's motion to compel compliance with subpoena. Attachments. (crb) Modified on 09/12/1997 (Entered: 09/03/1997)

APPLICATION of Non−Resident Counsel, Jeffrey R. Freund, and Designation of Local Counsel, Howard S. Susskind, on behalf of United Food Union (crb) Modified on 09/12/1997 (Entered: 09/03/1997)

ORDER denying [46−1] defendant's emergency motion for protective order. ( Signed by Mag. Judge Thomas B. McCoun III ) ctc (crb) Modified on 09/12/1997 (Entered: 09/04/1997)

ENDORSED ORDER granting [50−1] plaintiffs' motion to file response 49 to motion to compel out of time. ( Signed by Mag. Judge Thomas B. McCoun III ) ctc (crb) Modified on 09/12/1997 (Entered: 09/04/1997)

RESPONSE by Lemuel Middleton and class plaintiffs to [46−1] motion for protective order regarding plaintiff's notice of deposition set for 09/03/97 (crb) Modified on 09/12/1997 (Entered: 09/04/1997)

NOTICE of filing corrected copy of memorandum in opposition to motion to compel responses to request for production 43 by Publix Super Market. Attachments. (crb) Modified on 09/12/1997 (Entered: 09/10/1997)

ORDER granting in part, denying in part [35−1] defendant's motion to compel compliance with subpoena. ( Signed by Mag.Judge Thomas B. McCoun III ) ctc (crb) Modified on 09/17/1997 (Entered: 09/16/1997)

ORDER granting in part, denying in part [36−1] defendant's motion to compel to comply with discovery requests. ( Signed by Mag. Judge Thomas B. McCoun III ) ctc (crb) Modified on 09/17/1997 (Entered: 09/16/1997)

ORDER granting [23−1] plaintiffs' motion to compel disclosure of electronic human resources data; defendant shall comply accordingly; granting [29−1] supplemental motion to compel disclosure of electronic human resources data; granting in part, denying in part [34−1] plaintiffs' motion to compel responses to first request for production; defendant shall produce as directed within 25 days. ( Signed by Mag. Judge Thomas B. McCoun III ) ctc (crb) Modified on 09/17/1997 (Entered: 09/16/1997)

MOTION by Lemuel Middleton and class plaintiffs with memorandum in support to compel compliance with notice of deposition of a witness about the Jacksonville Warehouse and Distribution Center operations referred to Mag. Judge Thomas B. McCoun III. Attachments. (crb) Modified on 09/17/1997 (Entered: 09/16/1997)

CERTIFICATE AFFIDAVIT report of Kent Spriggs, Esq. on behalf of Lemuel Middleton and class plaintiffs re: [59−1] motion to compel compliance with notice of deposition of a witness about the Jacksonville Warehouse and Distribution Center operations; parties are unable to agree on a resolution of this motion. (crb) (Entered: 09/18/1997)

RESPONSE by Publix Super Market to [59−1] motion to compel compliance with notice of deposition of a witness about the Jacksonville Warehouse and

NOTICE that the report of plaintiffs' expert is complete Lemuel Middleton and class plaintiffs. (crb) (Entered: 09/29/1997)

MOTION by Lemuel Middleton and class plaintiffs with memorandum in support to quash notice of deposition of Richard Johnson for 10/14/97 and subpoena referred to Mag. Judge Thomas B. McCoun III. Attachments. (crb) (Entered: 10/02/1997)

EMERGENCY MOTION by Lemuel Middleton and class plaintiffs with memorandum in support for protective order regarding the deposition of Dr. David Kuncicky, expert witness, set for 10/14/97 referred to Mag. Judge Thomas B. McCoun III. Attachments. (crb) (Entered: 10/06/1997)

NOTICE of filing Rule 3.01(g) certificate re: emergency motion for protective order 64 by Lemuel Middleton and class plaintiffs. (crb) (Entered: 10/06/1997)

EXCERPT of TRANSCRIPT OF PROCEEDINGS on pending motions heard on 09/10/97 before Magistrate Judge Thomas B. McCoun III. (crb) (Entered: 10/07/1997)

RESPONSE by Publix Super Market to [64−1] plaintiffs' emergency motion for protective order regarding the deposition of expert Dr. David Kuncicky. (crb) (Entered: 10/07/1997)

MOTION by Lemuel Middleton and class plaintiffs for leave to file memorandum in support of class certification in excess of page limit ; defendant indicates no objection. (crb) (Entered: 10/08/1997)

ENDORSED ORDER granting [64−1] plaintiffs' emergency motion for protective order regarding the deposition of Dr. David Kuncicky, expert witness, set for 10/14/97. ( Signed by Mag. Judge Thomas B. McCoun III ) ctc (crb) (Entered: 10/09/1997)

SUPPLEMENT to [63−1] plaintiffs' motion to quash the deposition of Richard Johnson supplement to motion to quash by Lemuel Middleton and class plaintiffs referred to Mag. Judge Thomas B. McCoun III. Attachments. (crb) (Entered: 10/10/1997)

AMENDED filing of rule 3.01(g) certificate regarding supplement to motion to quash 69 by Lemuel Middleton and class plaintiffs. (crb) (Entered: 10/10/1997)

RESPONSE by Publix Super Market to [63−1] emergency motion to quash notice of deposition of Richard Johnson for 10/14/97 and subpoena. Exhibits attached. (gw) (Entered: 10/10/1997)

EMERGENCY MOTION by Publix Super Market with memorandum in support for leave to continue attempts at service of subpoena duces tecum for deposition on Steve Marrs referred to Mag. Judge Thomas B. McCoun III. Attachments. (crb) (Entered: 10/14/1997)

ORDER granting in part, denying in part [63−1] plaintiffs' emergency motion to quash notice of deposition of Richard Johnson for 10/14/97 and subpoena, as supplemented [69−1]; the deposition of Mr. Johnson may proceed. ( Signed by Mag. Judge Thomas B. McCoun III ) ctc (crb) (Entered: 10/15/1997)

EMERGENCY JOINT MOTION by Lemuel Middleton and class plaintiff and defendant Publix Super Market to modify the case management order (crb) (Entered: 10/21/1997)

ORDER granting [68−1] plaintiff's motion for leave to file memorandum in support of class certification in excess of page limit. ( Signed by Judge Henry L. Adams Jr. ) ctc (crb) (Entered: 10/21/1997)

SEALED DOCUMENT. S− 1 (crb) (Entered: 10/21/1997)

ORDER granting [74−1] parties' joint motion to modify the case management order. ( Signed by Judge Henry L. Adams Jr. ) ctc (crb) (Entered: 10/24/1997)

FAXED order 77 to Dinita L. James and Kent Spriggs as per Law Clerk (crb) (Entered: 10/24/1997)

STIPULATION of dismissal with prejudice of claims of plaintiff Madeline Riley by Lemuel Middleton and class plaintiffs and defendant Publix Super Market. Each side to bear its own costs. (crb) (Entered: 10/29/1997)

NOTICE of hearing: motions hearing set for 10:00 11/7/97 for [76−1] motion to compel Richard Johnson to answer deposition questions and [76−2] motion to compel production of subpoenaed documents along with notice of filing privilege log and documents under seal; Scheduled for Mag. Judge Thomas B. McCoun III ctc (crb) (Entered: 10/30/1997)

MOTION by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, David Kee, Byron Williams, Victor Kee, Andrew Lovett, Sherria Campbell, Charles Jackson for class certification (crb) (Entered: 10/30/1997)

MEMORANDUM of points and authorities by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, David Kee, Byron Williams, Victor Kee, Andrew Lovett, Sherria Campbell, Charles Jackson in support of [80−1] motion for class certification. (crb) (Entered: 10/30/1997)

REQUEST for judicial notice by Lemuel Middleton and class plaintiffs. (crb) (Entered: 10/30/1997)

NOTICE of filing evidentiary materials in support of motion for class certification by Lemuel Middleton and class plaintiffs. Volumes I, II and III stored in expandable folders. (crb) (Entered: 10/30/1997)