Case: Brown v. Yellow Transportation, Inc.

1:08-cv-05908 | U.S. District Court for the Northern District of Illinois

Filed Date: Oct. 15, 2008

Closed Date: March 31, 2014

Clearinghouse coding complete

Case Summary

On October 15, 2008, African-American employees at the freight transportation company Yellow Transportation, Inc. ("Yellow") filed a class action lawsuit against their employer in the U.S. District Court for the Northern District of Illinois, under the Civil Rights Act of 1866, 42 U.S.C. § 1981. The plaintiffs, represented by an attorney from the Edwin F. Mandel Legal Aid Clinic and private counsel, sought declaratory, injunctive and monetary relief as well as class certification. They alleged …

On October 15, 2008, African-American employees at the freight transportation company Yellow Transportation, Inc. ("Yellow") filed a class action lawsuit against their employer in the U.S. District Court for the Northern District of Illinois, under the Civil Rights Act of 1866, 42 U.S.C. § 1981. The plaintiffs, represented by an attorney from the Edwin F. Mandel Legal Aid Clinic and private counsel, sought declaratory, injunctive and monetary relief as well as class certification. They alleged that Yellow created a racially hostile work environment for African-American employees working at Yellow's facility in Chicago Ridge, IL, from October 15, 2004 to the present. They also claimed that Yellow subjected those employees to disparate treatment and retaliated against them when they complained about the discriminatory practice. The named plaintiffs also brought their individual claims against the employer.

The parties started the discovery process with regard to the issue of class certification. During March and June 2009, Yellow served 19 subpoenas on the plaintiffs' former employers, requesting various information regarding their previous employment. Yellow claimed that some of the plaintiffs failed to disclose their claims against it in their filings of bankruptcy proceedings despite their knowledge of the claims, and that some failed to disclose criminal convictions on their job applications with Yellow. The plaintiffs moved to quash subpoenas and for protective order. The District Court (Magistrate Judge Nan R. Nolan) granted the plaintiffs' motion on October 9. 2009. 2009 WL 3270791 (N.D. Ill. Oct. 9, 2009). Yellow then moved for leave to amend its answer and add the affirmative defenses of judicial estoppel and after-acquired evidence. The Court (Judge Joan B. Gottschall) granted the motion on January 14, 2010. 2010 WL 152000 (N.D. Ill. Jan. 14, 2010).

In the meantime, in or about March 2009, YRC, Inc. ("YRC"), Yellow's parent company, merged Yellow with another YRC company, Roadway Express, Inc. ("Roadway"). In December 2009, the plaintiffs and the proposed class who were still on the job were transferred to a former Roadway facility in Chicago Heights, IL. In the same month, the Equal Employment Opportunity Commission ("EEOC") started its own lawsuit against Yellow and YRC, EEOC v. Yellow Transportation, Inc. and YRC, Inc., linked below as a related case (Clearinghouse code: EE-IL-0330). It was filed in the same district court under Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e, et seq., and the plaintiffs in this case later joined that one, too, as intervenor plaintiffs.

Back in this case, on April 12, 2010, the plaintiffs filed an amended complaint, adding YRC as a co-defendant and an individual as a named plaintiff. They also redefined the hostile work environment class to include individuals working at both the Chicago Ridge and Chicago Heights facilities. This modification was in light of a then ongoing case filed by the EEOC originally against Roadway EEOC v. Roadway Express, Inc., linked below (Clearinghouse code: EE-IL-0189). The action was brought on behalf of African-American employees working at the Roadway facility in Chicago Heights for race discrimination.

Yellow opposed to this last change, arguing that the class definition was too broad. The plaintiffs then moved to withdraw the amended complaint and to file a new one, with a hostile work environment class including only former Chicago Ridge employees. The Court (Magistrate Judge Nolan) granted the motion on July 26, 2010, reasoning that it was not clear yet to the Court that both Yellow and Roadway employees were complaining of the same events. Brown v. Yellow Transp., Inc., 08 C 5908, 2010 WL 2911786 (N.D. Ill. July 26, 2010). The corrected amended complaint was filed the next day.

Subsequently, the plaintiffs moved to certify class and the defendants filed their opposition. On May 11, 2011, the Court (Judge Gottschall) granted the plaintiffs' motion to certify the class. 2011 WL 1838741 (N.D. Ill. May 11, 2011). The defendants filed a petition for permission to appeal to the appellate court, but it was denied on July 1, 2011.

On June 27, 2012, the case was reassigned to Magistrate Judge Susan E. Cox, upon both parties' consent, for settlement proceedings. Negotiations were successful, and this Brown case and the EEOC case were consolidated for the purpose of a consent decree, which Magistrate Judge Cox signed on September 25, 2012.

In the decree, the defendants agreed to pay $11,000,000 to the plaintiff class; the EEOC was placed in charge of allocating the award to eligible individuals. No injunction was issued, since the Chicago Ridge facility was closed and the Chicago Heights facility was already subject to a consent decree issued in EEOC v. Roadway Express, Inc. After some court proceedings regarding award allocation, the case was dismissed with prejudice on March 31, 2014.

Summary Authors

Emma Bao (7/25/2013)

Related Cases

EEOC v. ROADWAY EXPRESS, Northern District of Illinois (2006)

EEOC v. Yellow Transportation, Inc. and YRC, INC., Northern District of Illinois (2009)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5499472/parties/brown-v-yellow-transportation-inc/


Judge(s)
Attorney for Plaintiff

Babbitt, Carol Coplan (Illinois)

Caporusso, Catherine A (Illinois)

Cohen, Ethan M.M. (Illinois)

Attorney for Defendant

Alamuddin, Sari M. (Illinois)

Chairez, Joseph L. (California)

Documents in the Clearinghouse

Documents in this case

1:08-cv-05908

Docket [PACER]

April 8, 2013

April 8, 2013

Docket
1

1:08-cv-05908

Complaint

Brown v. Yellow Transportation

Oct. 15, 2008

Oct. 15, 2008

Complaint
60

1:08-cv-05908

Memorandum and Order

Oct. 8, 2009

Oct. 8, 2009

Order/Opinion

2009 WL 3270791

66

1:08-cv-05908

Memorandum Opinion & Order

Brown v. Yellow Transportation

Jan. 14, 2010

Jan. 14, 2010

Order/Opinion

2010 WL 152000

87

1:08-cv-05908

Memorandum Opinion & Order

Brown v. Yellow Transportation

July 26, 2010

July 26, 2010

Order/Opinion

2010 WL 2911786

89

1:08-cv-05908

Corrected First Amended Complaint

Brown v. Yellow Transportation

July 27, 2010

July 27, 2010

Complaint
128

1:08-cv-05908

Class Certification Memo and Order

Brown v. Yellow Transportation

May 11, 2011

May 11, 2011

Order/Opinion

2011 WL 1838741

181-1

09-cv-07693

1:08-cv-05908

Consent Decree

EEOC v. Yellow Transportation

Sept. 25, 2012

Sept. 25, 2012

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5499472/brown-v-yellow-transportation-inc/

Last updated March 28, 2026, 5:29 a.m.

ECF Number Date Description Link
1 Oct. 15, 2008

COMPLAINT filed by Clark Faulkner, Kenneth George, Leonard Gregory, Marshun Hill, Laroy Washington, Charles Brown, Darrell Williams, Charles Woods, Michael Woods, Jeffrey Burks, Antonio Colon, James Demoss, Jameson Dixon; Jury Demand. Filing fee $ 350.(kj, ) (Entered: 10/16/2008)

RECAP
2 Oct. 15, 2008

CIVIL Cover Sheet. (kj, ) (Entered: 10/16/2008)

RECAP
3 Oct. 15, 2008

ATTORNEY Appearance for Plaintiffs Clark Faulkner, Kenneth George, Leonard Gregory, Marshun Hill, Laroy Washington, Charles Brown, Darrell Williams, Charles Woods, Michael Woods, Jeffrey Burks, Antonio Colon, James Demoss, Jameson Dixon by Randall D. Schmidt. (kj, ) (Entered: 10/16/2008)

RECAP
5 Oct. 16, 2008

ATTORNEY Appearance for Plaintiffs Clark Faulkner, Kenneth George, Leonard Gregory, Marshun Hill, Laroy Washington, Charles Brown, Darrell Williams, Charles Woods, Michael Woods, Cedric Muse, Jeffrey Burks, Antonio Colon, James Demoss, Jameson Dixon by Carol Coplan Babbitt (Babbitt, Carol) Modified on 10/16/2008 (kj, ). (Entered: 10/16/2008)

RECAP
6 Oct. 20, 2008

ATTORNEY Appearance for Plaintiffs Clark Faulkner, Kenneth George, Leonard Gregory, Marshun Hill, Laroy Washington, Charles Brown, Darrell Williams, Charles Woods, Cedric Muse, Jeffrey Burks, Michael Woods, Antonio Colon, James Demoss, Jameson Dixon by Catherine A. Caporusso (Caporusso, Catherine) (Entered: 10/20/2008)

RECAP
7 Nov. 7, 2008

WAIVER OF SERVICE returned executed by Clark Faulkner, Kenneth George, Leonard Gregory, Marshun Hill, Laroy Washington, Charles Brown, Darrell Williams, Charles Woods, Cedric Muse, Jeffrey Burks, Michael Woods, Antonio Colon, James Demoss, Jameson Dixon. Yellow Transportation, Inc. waiver sent on 10/16/2008, answer due 12/15/2008. (Schmidt, Randall) (Entered: 11/07/2008)

RECAP
8 Nov. 10, 2008

MINUTE entry before the Honorable Joan B. Gottschall: Status hearing set for 12/17/2008 at 09:30 AM. Plaintiff is directed to advise the defendants of the status hearing forthwith. Parties are directed to discuss settlement of case, consent to proceed before the Magistrate Judge and a proposed discovery plan. Mailed notice (rj, ) (Entered: 11/10/2008)

RECAP
9 Nov. 19, 2008

ATTORNEY Appearance for Defendant Yellow Transportation, Inc. by Sari M. Alamuddin (Alamuddin, Sari) (Entered: 11/19/2008)

RECAP
10 Dec. 12, 2008

ATTORNEY Appearance for Defendant Yellow Transportation, Inc. by Margo Wolf O'Donnell (O'Donnell, Margo) (Entered: 12/12/2008)

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11 Dec. 12, 2008

MOTION by Defendant Yellow Transportation, Inc. for extension of time to file answer (Unopposed) (O'Donnell, Margo) (Entered: 12/12/2008)

RECAP
12 Dec. 12, 2008

NOTICE of Motion by Margo Wolf O'Donnell for presentment of motion for extension of time to file answer 11 before Honorable Joan B. Gottschall on 12/18/2008 at 09:30 AM. (O'Donnell, Margo) (Entered: 12/12/2008)

RECAP
13 Dec. 15, 2008

MINUTE entry before the Honorable Joan B. Gottschall:Defendant's unopposed motion for enlargement of time to respond to the Plaintiff's complaint through and including 1/9/2009 11 is granted. ( Status hearing set for 12/17/2008 is stricken and reset to 1/14/2009 at 09:30 AM.) No appearance is required on 12/18/2008. Mailed notice (rj, ) (Entered: 12/15/2008)

RECAP
14 Dec. 15, 2008

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 07520000000003357954. (Shaughnessy, Kevin) (Entered: 12/15/2008)

RECAP
15 Dec. 17, 2008

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 07520000000003363649. (Newcomer, Sarah) (Entered: 12/17/2008)

RECAP
16 Dec. 17, 2008

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 07520000000003363811. (Ellerson, Tracey) (Entered: 12/17/2008)

RECAP
17 Jan. 9, 2009

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Yellow Transportation, Inc. (O'Donnell, Margo) (Entered: 01/09/2009)

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18 Jan. 9, 2009

ANSWER to Complaint by Yellow Transportation, Inc.(O'Donnell, Margo) (Entered: 01/09/2009)

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19 Jan. 14, 2009

MINUTE entry before the Honorable Joan B. Gottschall: Status hearing held. Motion by Kevin W. Shaughnessy for leave to appear pro hac vice 14 is granted. Motion by Sarah K. Newcomer for leave to appear pro hac vice 15 is granted. Motion by Tracey L. Ellerson for leave to appear pro hac vice 16 is granted. Class discovery is ordered closed 6/15/2009. Oral motion by Plaintiff's counsel for leave to file motion for class certification on or before 7/31/2009 is granted. Mailed notice. (kj, ) (Entered: 01/15/2009)

RECAP
20 Feb. 13, 2009

MOTION by counsel for Defendant Yellow Transportation, Inc. to withdraw as attorney (Alamuddin, Sari) (Entered: 02/13/2009)

RECAP
21 Feb. 13, 2009

NOTICE of Motion by Sari M. Alamuddin for presentment of motion to withdraw as attorney 20 before Honorable Joan B. Gottschall on 2/26/2009 at 09:30 AM. (Alamuddin, Sari) (Entered: 02/13/2009)

RECAP
22 Feb. 16, 2009

MOTION by Plaintiffs Clark Faulkner, Kenneth George, Leonard Gregory, Marshun Hill, Laroy Washington, Charles Brown, Darrell Williams, Charles Woods, Cedric Muse, Jeffrey Burks, Michael Woods, Antonio Colon, James Demoss, Jameson Dixon for protective order (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3, # 4 Exhibit Ex. 4)(Babbitt, Carol) (Entered: 02/16/2009)

RECAP
23 Feb. 16, 2009

Plaintiffs' NOTICE of Motion by Carol Coplan Babbitt for presentment of motion for protective order, 22 before Honorable Joan B. Gottschall on 2/19/2009 at 09:30 AM. (Babbitt, Carol) (Entered: 02/16/2009)

RECAP
24 Feb. 18, 2009

MEMORANDUM by Yellow Transportation, Inc. in Opposition to motion for protective order, 22 (Attachments: # 1 Exhibit A - Plaintiffs' Initial Disclosures, # 2 Exhibit B - Correspondence To Plaintiffs' Counsel Dated January 26, 2009, # 3 Exhibit C - Correspondence From Plaintiffs' Counsel Dated January 28, 2009)(Shaughnessy, Kevin) (Entered: 02/18/2009)

RECAP
25 Feb. 19, 2009

MINUTE entry before the Honorable Joan B. Gottschall: Motion hearing held on 2/19/2009 regarding motion for protective order, 22 ; Plaintiffs' motion for protective order 22 is granted. ( Status hearing set for 4/15/2009 at 10:00 AM.) Mailed notice (rj, ) (Entered: 02/19/2009)

RECAP
26 Feb. 26, 2009

MINUTE entry before the Honorable James T Gottschall: Defendant Yellow Transportation, Inc.'s motion to withdraw the appearance of Sari M. Alamuddin 20 is granted. Mailed notice. (kj, ) (Entered: 03/03/2009)

RECAP
27 March 31, 2009

MOTION by Defendant Yellow Transportation, Inc. to amend/correct Answer and Defenses To Add Affirmative Defense (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Ellerson, Tracey) (Entered: 03/31/2009)

RECAP
28 March 31, 2009

NOTICE of Motion by Tracey L. Ellerson for presentment of motion to amend/correct, 27 before Honorable Joan B. Gottschall on 4/16/2009 at 09:30 AM. (Ellerson, Tracey) (Entered: 03/31/2009)

RECAP
29 April 2, 2009

MOTION by Defendant Yellow Transportation, Inc. to withdraw exhibits (Newcomer, Sarah) (Entered: 04/02/2009)

RECAP
30 April 2, 2009

NOTICE of Motion by Sarah K Newcomer for presentment of motion to withdraw 29 before Honorable Joan B. Gottschall on 4/16/2009 at 09:30 AM. (Newcomer, Sarah) (Entered: 04/02/2009)

RECAP
31 April 2, 2009

NOTICE by Yellow Transportation, Inc. re MOTION by Defendant Yellow Transportation, Inc. to withdraw exhibits 29, notice of motion 30 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Newcomer, Sarah) (Entered: 04/02/2009)

RECAP
32 April 15, 2009

MINUTE entry before the Honorable Joan B. Gottschall: Status hearing held on 4/15/2009; MOTION by Defendant Yellow Transportation, Inc. to withdraw exhibits 29 is granted; ( Status hearing set for 8/5/2009 at 10:00 AM.); Briefing schedule as to motion to amend/correct, answer and defenses to add affirmative defense 27 :( Responses due by 5/7/2009, Replies due by 5/18/2009.) Ruling by mail. Discovery extended and ordered closed 7/31/2009. No appearance required 4/16/2009. Mailed notice (rj, ) (Entered: 04/15/2009)

RECAP
33 May 7, 2009

MOTION by Plaintiffs Clark Faulkner, Kenneth George, Leonard Gregory, Marshun Hill, Laroy Washington, Charles Brown, Darrell Williams, Charles Woods, Cedric Muse, Jeffrey Burks, Michael Woods, Antonio Colon, James Demoss, Jameson Dixon for extension of time 1 week extension on Brief in Opposition to Motion to Amend (Babbitt, Carol) (Entered: 05/07/2009)

RECAP
34 May 7, 2009

NOTICE of Motion by Carol Coplan Babbitt for presentment of extension of time, 33 before Honorable Joan B. Gottschall on 5/14/2009 at 09:30 AM. (Babbitt, Carol) Modified on 5/8/2009 (kj, ). (Entered: 05/07/2009)

RECAP
35 May 8, 2009

RESPONSE by Yellow Transportation, Inc. to MOTION by Plaintiffs Clark Faulkner, Kenneth George, Leonard Gregory, Marshun Hill, Laroy Washington, Charles Brown, Darrell Williams, Charles Woods, Cedric Muse, Jeffrey Burks, Michael Woods, Antonio Colon, James Demoss, Jameson Dixon for extension of 33 (Newcomer, Sarah) (Entered: 05/08/2009)

RECAP
36 May 11, 2009

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiffs' motion for a one week extension of time to file their response in opposition to Defendant's motion to amend by 5/14/2009 33 is granted. Reply due by 5/25/2009. No appearance required on 5/14/2009. Mailed notice (rj, ) (Entered: 05/11/2009)

RECAP
37 May 12, 2009

MOTION by Defendant Yellow Transportation, Inc. for extension of time to Extend Briefing Schedule to Allow Defendant to File a Renewed Motion for Leave to Amend (Newcomer, Sarah) (Entered: 05/12/2009)

RECAP
38 May 12, 2009

NOTICE of Motion by Sarah K Newcomer for presentment of extension of time 37 before Honorable Joan B. Gottschall on 5/21/2009 at 09:30 AM. (Newcomer, Sarah) (Entered: 05/12/2009)

RECAP
39 May 21, 2009

MINUTE entry before the Honorable Joan B. Gottschall: Defendant's agreed motion to extend briefing schedule to allow defendant to file a renewed motion for leave to amend 37 is granted. Defendant's Renewed motion for leave to amend shall be filed on or before May 22, 2009; Plaintiff's omnibus to Defendant's renewed motion for leave shall be filed on or before June 12, 2009 and Reply shall be filed by June 22, 2009. Ruling by mail. Mailed notice (rj, ) (Entered: 05/22/2009)

RECAP
40 May 22, 2009

MOTION by Defendant Yellow Transportation, Inc. for leave to file (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S)(Ellerson, Tracey) (Entered: 05/22/2009)

RECAP
41 June 12, 2009

MEMORANDUM by Clark Faulkner, Kenneth George, Leonard Gregory, Marshun Hill, Laroy Washington, Charles Brown, Darrell Williams, Charles Woods, Cedric Muse, Jeffrey Burks, Michael Woods, Antonio Colon, James Demoss, Jameson Dixonin Opposition to MOTION by Defendant Yellow Transportation, Inc. for leave to file 40 (Attachments: # 1 Plaintiffs' Exhibits 1 - 5)(Schmidt, Randall) Modified on 6/15/2009 (kj, ). (Entered: 06/12/2009)

RECAP
42 June 12, 2009

NOTICE by Clark Faulkner, Kenneth George, Leonard Gregory, Marshun Hill, Laroy Washington, Charles Brown, Darrell Williams, Charles Woods, Cedric Muse, Jeffrey Burks, Michael Woods, Antonio Colon, James Demoss, Jameson Dixon re response in opposition to motion, 41 Notice of Filing and Proof of Service (Schmidt, Randall) (Entered: 06/12/2009)

RECAP
43 June 22, 2009

REPLY by Defendant Yellow Transportation, Inc. to response in opposition to motion, 41 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ellerson, Tracey) (Entered: 06/22/2009)

RECAP
44 June 24, 2009

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 07520000000003870249. (Crossland, Brandon) (Entered: 06/24/2009)

RECAP
45 July 13, 2009

MOTION by Plaintiffs Clark Faulkner, Kenneth George, Leonard Gregory, Marshun Hill, Laroy Washington, Charles Brown, Darrell Williams, Charles Woods, Cedric Muse, Jeffrey Burks, Michael Woods, Antonio Colon, James Demoss, Jameson Dixon to quash Subpoenas and Motion for Protective Order (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Schmidt, Randall) Modified on 7/14/2009 (kj, ). (Entered: 07/13/2009)

RECAP
46 July 13, 2009

NOTICE of Motion by Randall D. Schmidt for presentment of motion to quash, 45 before Honorable Joan B. Gottschall on 7/16/2009 at 09:30 AM. (Schmidt, Randall) (Entered: 07/13/2009)

RECAP
47 July 16, 2009

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiffs' motion to quash subpoenas and motion for protective order 45 is referred to Magistrate Judge Nolan for hearing and ruling as well as all discovery supervision and settlement conference. Mailed notice (rj, ) (Entered: 07/17/2009)

RECAP
48 July 16, 2009

MINUTE entry before the Honorable Joan B. Gottschall: Status hearing set for 8/5/2009 is stricken. A new date will be set when Magistrate Judge Nolan terminates pending referral order. Mailed notice (rj, ) (Entered: 07/17/2009)

RECAP
49 July 16, 2009

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Nan R. Nolan for the purpose of holding proceedings related to: discovery supervision, settlement conference and motion to quash, 45 .(rj, )Mailed notice. (Entered: 07/17/2009)

RECAP
50 Aug. 6, 2009

MINUTE entry before the Honorable Nan R. Nolan:Initial status hearing set for 8/11/2009 at 09:00 a.m. Briefing schedule previously set regarding Plaintiffs' Motion to Quash Subpoenas and for Protective Order 45 to stand. Defendant's response to be filed by 08/07/09. Plaintiffs' reply brief is due by 08/21/09.Mailed notice (lxs, ) (Entered: 08/06/2009)

RECAP
51 Aug. 7, 2009

RESPONSE by Yellow Transportation, Inc.in Opposition to MOTION by Plaintiffs Clark Faulkner, Kenneth George, Leonard Gregory, Marshun Hill, Laroy Washington, Charles Brown, Darrell Williams, Charles Woods, Cedric Muse, Jeffrey Burks, Michael Woods, Antonio Colon, James Demoss, Jameson Dixon to quash Subpo 45 Quash Subpoenas and Motion for Protective Order (Attachments: # 1 Exhibit Redacted Ex 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Ellerson, Tracey) (Entered: 08/07/2009)

RECAP
52 Aug. 10, 2009

STATUS Report Joint Status Report by Clark Faulkner, Kenneth George, Leonard Gregory, Marshun Hill, Laroy Washington, Charles Brown, Darrell Williams, Charles Woods, Cedric Muse, Jeffrey Burks, Michael Woods, Antonio Colon, James Demoss, Jameson Dixon (Attachments: # 1 Exhibit A. copy of Complaint, # 2 Exhibit B copy of Def. Answer/AffDef)(Babbitt, Carol) (Entered: 08/10/2009)

RECAP
53 Aug. 10, 2009

NOTICE by all plaintiffs re status report, 52 Notice of Filing (Babbitt, Carol) (Entered: 08/10/2009)

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54 Aug. 11, 2009

MINUTE entry before the Honorable Nan R. Nolan:Magistrate Judge Status hearing held on 8/11/2009 and continued to 9/2/2009 at 09:00 AM. Plaintiff's Motion to Quash 45 is entered and continued. Plaintiff's reply brief regarding their Motion to Quash 45 is stayed. Settlement Conference set for 9/8/2009 at 10:00 AM. Prior to the settlement conference, counsel shall review the following Seventh Circuit cases which discuss the retention of federal jurisdiction to enforce the terms of a settlement agreement: Blue Cross and Blue Shield Ass'n v. American Express Co., 467 F.3d 634 (7th Cir. 2006) and Shapo v. Engle, 463 F.3d 641 (7th Cir. 2006). Parties are reminded that Magistrate Judge Nolan requires compliance with her Standing Order Setting Settlement Conference, which is available on the courts website at www.ilnd.uscourts.gov.Mailed notice (lxs, ) (Entered: 08/13/2009)

RECAP
55 Aug. 31, 2009

MINUTE entry before the Honorable Nan R. Nolan:Status hearing set for 09/02/09 at 9:00 a.m. to stand. Settlement Conference set for 9/8/2009 is amended to begin at 9:30 a.m.Mailed notice (lxs, ) (Entered: 08/31/2009)

RECAP
56 Sept. 2, 2009

MINUTE entry before the Honorable Nan R. Nolan:Magistrate Judge Status hearing held on 9/2/2009. Settlement Conference set for 9/8/2009 at 9:30 a.m. to stand. Mailed notice (lxs, ) (Entered: 09/03/2009)

RECAP
57 Sept. 8, 2009

MINUTE entry before the Honorable Nan R. Nolan:Settlement conference held on 9/8/2009. Agreement not reached. Status hearing set for 10/22/2009 at 09:30 AM. Plaintiffs' reply brief regarding their motion to quash and protective order 51 is due by 09/23/09.Mailed notice (lxs, ) (Entered: 09/09/2009)

RECAP
58 Sept. 23, 2009

REPLY by Clark Faulkner, Kenneth George, Leonard Gregory, Marshun Hill, Laroy Washington, Charles Brown, Darrell Williams, Charles Woods, Cedric Muse, Jeffrey Burks, Michael Woods, Antonio Colon, James Demoss, Jameson Dixon to MOTION by Plaintiffs Clark Faulkner, Kenneth George, Leonard Gregory, Marshun Hill, Laroy Washington, Charles Brown, Darrell Williams, Charles Woods, Cedric Muse, Jeffrey Burks, Michael Woods, Antonio Colon, James Demoss, Jameson Dixon to quash Subpo 45 (Attachments: # 1 Notice of Filing Notice of Filing)(Babbitt, Carol) (Entered: 09/23/2009)

RECAP
59 Oct. 9, 2009

MINUTE entry before the Honorable Nan R. Nolan:For the reasons set forth in the attached Memorandum Opinion and Order, Plaintiffs Motion to QuashSubpoenas and Motion for Protective Order 45 is granted. [ For further detail see separate order(s).]Mailed notice (lxs, ) (Entered: 10/09/2009)

RECAP
60 Oct. 9, 2009

MEMORANDUM Opinion and Order Signed by the Honorable Nan R. Nolan on 10/9/2009.Mailed notice(lxs, )

Clearinghouse
61 Oct. 22, 2009

MINUTE entry before the Honorable Nan R. Nolan:Magistrate Judge Status hearing held on 10/22/2009 and continued to 11/24/2009 at 09:30 AM. Mailed notice (lxs, ) (Entered: 10/22/2009)

RECAP
62 Nov. 24, 2009

MINUTE entry before the Honorable Nan R. Nolan:Magistrate Judge Status hearing held on 11/24/2009 and continued to 1/6/2010 at 09:30 AM. Parties are to jointly contact the court if and when there is an interest in scheduling a settlement conference.Mailed notice (lxs, ) (Entered: 11/25/2009)

RECAP
63 Jan. 6, 2010

MINUTE entry before Honorable Nan R. Nolan:Magistrate Judge Status hearing held on 1/6/2010 and continued to 2/4/2010 at 09:30 AM.Mailed notice (lxs, ) (Entered: 01/07/2010)

RECAP
64 Jan. 8, 2010

NOTICE by Catherine A. Caporusso of Change of Address (Caporusso, Catherine) (Entered: 01/08/2010)

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65 Jan. 14, 2010

MINUTE entry before Honorable Joan B. Gottschall: Defendant's Amended Motion for Leave to Amend Answer and Defenses to Add Affirmative Defenses 40 is granted. Defendant's Motion for Leave to Amend Answer and Defenses to Add Affirmative Defenses 27 is superceded and therefore denied as moot. Brandon T. Crossland's Motion for Leave to Appear Pro Hac Vice 44 is granted. [For further detail see separate order(s).] Mailed notice. (kj, ) (Entered: 01/15/2010)

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66 Jan. 14, 2010

MEMORANDUM Opinion and Order Signed by the Honorable Joan B. Gottschall on 1/14/2010.(kj, )

Clearinghouse
67 Jan. 15, 2010

AMENDED Answer by Defendant Yellow Transportation, Inc. to complaint, 1 (Shaughnessy, Kevin) (Entered: 01/15/2010)

RECAP
68 Feb. 4, 2010

MINUTE entry before Honorable Nan R. Nolan:Magistrate Judge Status hearing held on 2/4/2010 and continued to 3/16/2010 at 09:30 a.m. Counsel reported global settlement conference before Judge Cox is set for 03/11/10.Mailed notice (lxs, ) (Entered: 02/08/2010)

RECAP
69 March 16, 2010

MINUTE entry before Honorable Nan R. Nolan:Magistrate Judge Status hearing held on 3/16/2010 and continued to 3/30/2010 at 09:30 a.m. Counsel reported agreement reached, but not global. Counsel are directed to meet and confer as directed regarding pleading dates, discovery, class certification and statistical issues as discussed in court.Mailed notice (lxs, ) (Entered: 03/18/2010)

RECAP
70 March 30, 2010

MINUTE entry before Honorable Nan R. Nolan:Magistrate Judge Status hearing held on 3/30/2010 and continued to 6/29/2010 at 09:30 a.m. Court adopts parties proposed scheduling order as follows: Amendment of the complaint by 04/12/10; Answer to amended complaint by 05/01/10; Class action discovery with Respect to Mack Leonard and completion of Leonard Gregory deposition by 05/15/10; Class action briefing - motion for class certification by 07/31/10 - opposition(s) to motion for class certification by 09/15/10.Mailed notice (lxs, ) (Entered: 03/31/2010)

RECAP
71 April 12, 2010

AMENDED complaint by Clark Faulkner, Darrell Williams, James Demoss, Marshun Hill, Charles Brown, Charles Woods, Kenneth George, Cedric Muse, Jeffrey Burks, Jameson Dixon, Leonard Gregory, Michael Woods, Laroy Washington, Antonio Colon, Mack Leonard against Yellow Transportation, Inc., YRC Inc. (Schmidt, Randall) (Entered: 04/12/2010)

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72 April 12, 2010

NOTICE by Charles Brown, Jeffrey Burks, Antonio Colon, James Demoss, Jameson Dixon, Clark Faulkner, Kenneth George, Leonard Gregory, Marshun Hill, Mack Leonard, Cedric Muse, Laroy Washington, Darrell Williams, Charles Woods, Michael Woods re amended complaint, 71 Notice of Filing of Amended Complaint (Schmidt, Randall) (Entered: 04/12/2010)

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73 April 27, 2010

MOTION by Plaintiffs Charles Brown, Jeffrey Burks, Antonio Colon, James Demoss, Jameson Dixon, Clark Faulkner, Kenneth George, Leonard Gregory, Marshun Hill, Leonard Mack, Cedric Muse, Laroy Washington, Darrell Williams, Charles Woods, Michael Woods, Defendants YRC Inc., Yellow Transportation, Inc. for extension of time to Respond to Plaintiffs' Amended Complaint (O'Donnell, Margo) (Entered: 04/27/2010)

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74 April 27, 2010

NOTICE of Motion by Margo Wolf O'Donnell for presentment of extension of time, 73 before Honorable Nan R. Nolan on 5/6/2010 at 10:00 AM. (O'Donnell, Margo) (Entered: 04/27/2010)

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75 April 29, 2010

MINUTE entry before Honorable Nan R. Nolan:MOTION by Plaintiffs for extension of time to Respond to Plaintiffs' Amended Complaint 73 is granted to and including 05/21/10. No appearance is required on 05/06/10. Status hearing set for 06/29/10 at 9:30 a.m. to stand.Mailed notice (lxs, ) (Entered: 04/29/2010)

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76 May 21, 2010

MOTION by Defendants YRC Inc., Yellow Transportation, Inc. for extension of time To Respond To Plaintiffs' Amended Complaint (O'Donnell, Margo) (Entered: 05/21/2010)

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77 May 21, 2010

NOTICE of Motion by Margo Wolf O'Donnell for presentment of extension of time 76 before Honorable Nan R. Nolan on 5/26/2010 at 10:00 AM. (O'Donnell, Margo) (Entered: 05/21/2010)

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78 May 25, 2010

MINUTE entry before Honorable Nan R. Nolan:Defendants' MOTION for extension of time To Respond To Plaintiffs' Amended Complaint 76 is granted to and including 06/08/10. Status hearing st for 06/29/10 at 9:30 a.m. to stand.Mailed notice (lxs, ) (Entered: 05/25/2010)

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79 June 8, 2010

MOTION by Plaintiffs Charles Brown, Jeffrey Burks, Antonio Colon, James Demoss, Jameson Dixon, Clark Faulkner, Kenneth George, Leonard Gregory, Marshun Hill, Leonard Mack, Cedric Muse, Laroy Washington, Darrell Williams, Charles Woods, Michael Woods for leave to file Corrected Amended Complaint and to Withdraw Amended Complaint (Attachments: # 1 Exhibit Ex.1 Corrected Amended Complaint)(Babbitt, Carol) (Entered: 06/08/2010)

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80 June 8, 2010

Plaintiff's' Notice of Motion NOTICE of Motion by Carol Coplan Babbitt for presentment of motion for leave to file, 79 before Honorable Nan R. Nolan on 6/16/2010 at 10:00 AM. (Babbitt, Carol) (Entered: 06/08/2010)

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81 June 10, 2010

MINUTE entry before Honorable Nan R. Nolan:On the court's own motion, MOTION by Plaintiffs for leave to file Corrected Amended Complaint and to Withdraw Amended Complaint 79 is amended to begin at 9:00 a.m. on 06/16/10.Mailed notice (lxs, ) (Entered: 06/10/2010)

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82 June 16, 2010

MINUTE entry before Honorable Nan R. Nolan:Motion hearing held on 6/16/2010 regarding plaintiffs' motion for leave to file corrected amended complaint 79 . Plaintiff's motion to for leave to file corrected amended complaint 79 shall be briefed as follows: response is due by 06/30/10 - reply brief to be filed by 07/14/10. Status hearing set for 06/29/10 is stricken and reset for 7/27/2010 at 09:00 AM.Mailed notice (lxs, ) (Entered: 06/16/2010)

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83 June 30, 2010

RESPONSE by YRC Inc., Yellow Transportation, Inc.in Opposition to MOTION by Plaintiffs Charles Brown, Jeffrey Burks, Antonio Colon, James Demoss, Jameson Dixon, Clark Faulkner, Kenneth George, Leonard Gregory, Marshun Hill, Leonard Mack, Cedric Muse, Laroy Washington, Darrell Williams, Charles Woods, Michael Woods for 79 (Attachments: # 1 Exhibit A)(Ellerson, Tracey) (Entered: 06/30/2010)

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84 July 14, 2010

REPLY by Plaintiffs Charles Brown, Jeffrey Burks, Antonio Colon, James Demoss, Jameson Dixon, Clark Faulkner, Kenneth George, Leonard Gregory, Marshun Hill, Leonard Mack, Cedric Muse, Laroy Washington, Darrell Williams, Charles Woods, Michael Woods in Support of Motion for Leave to Withdraw Amended Complaint and for Leave to File Corrected Amended Complaint (Babbitt, Carol) (Entered: 07/14/2010)

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85 July 14, 2010

NOTICE by Leonard Gregory, Marshun Hill, Leonard Mack, Cedric Muse, Laroy Washington, Darrell Williams, Charles Woods, Michael Woods re reply, 84 of filing or Reply in Support of Motion for Leave to Withdraw Amended Complaint and for Leave to File Corrected Amended Complaint (Babbitt, Carol) (Entered: 07/14/2010)

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86 July 26, 2010

MINUTE entry before Honorable Nan R. Nolan: For the reasons set forth in the attached Memorandum Opinion and Order, Plaintiffs Motion Pursuant to 15(a)for Leave to Withdraw Amended Complaint and for Leave to File Corrected Amended Complaint Instanter 79 is granted. [ For further detail see separate order(s).]Mailed notice (lxs, ) (Entered: 07/26/2010)

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87 July 26, 2010

MEMORANDUM Opinion and Order Signed by the Honorable Nan R. Nolan on 7/26/2010.Mailed notice(lxs, )

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88 July 27, 2010

MINUTE entry before Honorable Nan R. Nolan:Magistrate Judge Status hearing held on 7/27/2010 and continued to 11/23/2010 at 09:30 AM. Plaintiffs' amended complaint to be filed today. Defendant is given fifteen days from today, to either answer or otherwise plead. Briefing schedule previously entered regarding motion for class certification is amended as follows: Plaintiffs' Motion for Class Certification is due by 08/30/10, response to be filed by 11/01/10, reply brief is extended to 11/22/10. Parties briefs are not to exceed forty pages.Mailed notice (lxs, ) (Entered: 07/27/2010)

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89 July 27, 2010

Corrected First AMENDED complaint by Clark Faulkner, Darrell Williams, James Demoss, Marshun Hill, Charles Brown, Charles Woods, Kenneth George, Cedric Muse, Jeffrey Burks, Jameson Dixon, Leonard Gregory, Michael Woods, Leonard Mack, Laroy Washington, Antonio Colon against YRC Inc., Yellow Transportation, Inc. (Schmidt, Randall) (Entered: 07/27/2010)

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90 July 27, 2010

NOTICE by Charles Brown, Jeffrey Burks, Antonio Colon, James Demoss, Jameson Dixon, Clark Faulkner, Kenneth George, Leonard Gregory, Marshun Hill, Leonard Mack, Cedric Muse, Laroy Washington, Darrell Williams, Charles Woods, Michael Woods re amended complaint, 89 Notice of Filing of Corrected First Amended Complaint (Schmidt, Randall) (Entered: 07/27/2010)

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91 July 27, 2010

Document entered in error. (kj, ) Modified on 7/28/2010 (kj, ) (Entered: 07/27/2010)

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92 July 28, 2010

NOTICE of Correction regarding 91 . (kj, ) (Entered: 07/28/2010)

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93 July 28, 2010

ATTORNEY Appearance for Defendant Yellow Transportation, Inc. by Christopher L Nybo (Nybo, Christopher) (Entered: 07/28/2010)

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94 Aug. 11, 2010

ANSWER to amended complaint (Corrected First Amended Complaint) by YRC Inc., Yellow Transportation, Inc.(Shaughnessy, Kevin) (Entered: 08/11/2010)

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95 Aug. 30, 2010

MOTION by Plaintiffs Charles Brown, Jeffrey Burks, Antonio Colon, James Demoss, Jameson Dixon, Clark Faulkner, Kenneth George, Leonard Gregory, Marshun Hill, Mack Leonard, Cedric Muse, Laroy Washington, Darrell Williams, Charles Woods, Michael Woods to certify class (Schmidt, Randall) (Entered: 08/30/2010)

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96 Aug. 30, 2010

Memorandum in Support of Motion to Certify Class by Charles Brown, Jeffrey Burks, Antonio Colon, James Demoss, Jameson Dixon, Clark Faulkner, Kenneth George, Leonard Gregory, Marshun Hill, Mack Leonard, Cedric Muse, Laroy Washington, Darrell Williams, Charles Woods, Michael Woods (Schmidt, Randall) (Entered: 08/30/2010)

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97 Aug. 30, 2010

APPENDIX other, 96 In Support of Plaintiffs' Motion for Class Certification, Exhibits 1-7, and Deposition Excerpts (Attachments: # 1 Exhibit Deposition Excerpts of Brown, # 2 Exhibit Deposition Excerpts of Burks, # 3 Exhibit Deposition Excerpts of Colon, # 4 Exhibit Deposition Excerpts of DeMoss, # 5 Exhibit Deposition Excerpts of Dixon, # 6 Exhibit Deposition Excerpts of Faulkner, # 7 Exhibit Deposition Excerpts of George, # 8 Exhibit Deposition Excerpts of Gregory, # 9 Exhibit Deposition Excerpts of Hill, # 10 Exhibit Deposition Excerpts of Leonard, # 11 Exhibit Deposition Excerpts of Muse, # 12 Exhibit Deposition Excerpts of Washington, # 13 Exhibit Deposition Excerpts of Williams, # 14 Exhibit Deposition Excerpts of C. Woods, # 15 Exhibit Deposition Excerpts of M. Woods, # 16 Exhibit Deposition Excerpts of Reifsnyder, # 17 Exhibit Deposition Excerpts of Weber)(Schmidt, Randall) (Entered: 08/30/2010)

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98 Aug. 30, 2010

NOTICE by All Plaintiffs re appendix,,, 97, MOTION by Plaintiffs Charles Brown, Jeffrey Burks, Antonio Colon, James Demoss, Jameson Dixon, Clark Faulkner, Kenneth George, Leonard Gregory, Marshun Hill, Mack Leonard, Cedric Muse, Laroy Washington, Darrell Williams, Charles Woods, Michael Woods to 95, other, 96 Notice of Filing of Motion for Class Certification, Memorandum in Support, and Appendix (Schmidt, Randall) (Entered: 08/30/2010)

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99 Oct. 28, 2010

MOTION by Defendants YRC Inc., Yellow Transportation, Inc. for extension of time to file response/reply as to motion to certify class, 95 (UNOPPOSED) (O'Donnell, Margo) (Entered: 10/28/2010)

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100 Oct. 28, 2010

(UNOPPOSED) NOTICE of Motion by Margo Wolf O'Donnell for presentment of motion for extension of time to file response/reply, motion for relief 99 before Honorable Nan R. Nolan on 11/3/2010 at 10:00 AM. (O'Donnell, Margo) (Entered: 10/28/2010)

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101 Oct. 28, 2010

MINUTE entry before Honorable Nan R. Nolan:MOTION by Defendants YRC Inc., Yellow Transportation, Inc. for extension of time to file response/reply as to motion to certify class, 95 (UNOPPOSED), noticed before Judge Nolan is stricken. Motion to Certify Class is before the district court. Counsel shall re notice the motion before Judge Gottschall, but NOT refile the motion.Mailed notice (lxs, ) (Entered: 10/28/2010)

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Case Details

State / Territory:

Illinois

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 15, 2008

Closing Date: March 31, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All African-American employees employed at Defendants’ Chicago Ridge facility from October 15, 2004, to December 2009 including those African-American employees who were transferred from the Chicago Ridge facility to work at the Chicago Heights facility.

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Private Entity/Person

YRC, Inc.

Defendant Type(s):

Transportation

Case Details

Causes of Action:

42 U.S.C. § 1981

Other Dockets:

Northern District of Illinois 1:08-cv-05908

Northern District of Illinois 09-cv-07693

Available Documents:

Any published opinion

Complaint (any)

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $11,000,000

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discipline

Disparate Treatment

Harassment / Hostile Work Environment

Pay / Benefits

Promotion

Seniority

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

EEOC-centric:

Private Party intervened in EEOC suit

Private Suit Related / Consolidated with EEOC Suit

Recommended Citation