Case: Bradley v. Gannett Co. Inc.

1:23-cv-01100 | U.S. District Court for the Eastern District of Virginia

Filed Date: Aug. 18, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is a class action brought by white individuals concerning the company’s diversity policy, allegedly resulting in systematic discrimination against non-minorities based on their race. On August 18, 2023, five white individuals filed a putative class action lawsuit against Gannett Co., Inc. (“Gannett”), a mass media holding company and a U.S. newspaper publisher, in the U.S. District Court for the Eastern District of Virginia. The plaintiffs, former Gannett employees, alleged that in 20…

This case is a class action brought by white individuals concerning the company’s diversity policy, allegedly resulting in systematic discrimination against non-minorities based on their race.

On August 18, 2023, five white individuals filed a putative class action lawsuit against Gannett Co., Inc. (“Gannett”), a mass media holding company and a U.S. newspaper publisher, in the U.S. District Court for the Eastern District of Virginia. The plaintiffs, former Gannett employees, alleged that in 2020, Gannett implemented a company-wide "Reverse Race Discrimination Policy" (“Policy”). The Policy was designed to achieve inclusion quotas by ensuring that by 2025, staff demographics of all Gannett publications would reflect the racial and ethnic demographics of the communities they serve. Plaintiffs claimed this policy resulted in systematic discrimination against non-minority workers by creating racial quotas, giving executives incentives to reduce the number of non-minority workers, and giving preferential treatment to minority workers in hiring and working conditions. 

Represented by private counsel, plaintiffs asserted race discrimination under 42 U.S.C. § 1981 of the Civil Rights Act and sought various remedies, including class certification, injunctive relief to eliminate the Policy, lost wages and liquidated damages, future lost wages and benefits, civil penalties, consequential damages, punitive damages, compensatory damages, and attorneys' fees. The case was assigned to District Judge Rossie D. Alston, Jr and Magistrate Judge William E. Fitzpatrick.

On November 24, Gannett moved to dismiss the case. Shortly after, on December 15, the plaintiffs filed the first amended complaint, focusing on race-based discrimination more broadly. Consequently, the motion to dismiss was denied as moot on the 21st, but, on January 8, 2024, Gannett again moved to dismiss the case. In the meantime, the plaintiffs filed a motion to certify class and a motion for preliminary injunction on February 8, 2024. 

On August 24, 2020, the court granted Gannett’s motion to dismiss, finding that the plaintiffs failed to state a claim, and subsequently denying plaintiffs’ motion for preliminary injunction as moot. The court also denied the class certification, finding that the plaintiffs failed to facially establish the ascertainability of the proposed class or the commonality of issues. The court denied the motion only to the extent that it sought dismissal with prejudice. 2024 WL 3905817.

On September 19, 2024, the plaintiffs filed the second amended complaint to include more detailed allegations against named plaintiffs, while alleged claims and remedies remained unchanged. Gannett moved to dismiss the complaint on October 3, 2024. 

On September 3, 2025, the court granted Gannett’s motion to dismiss because the plaintiffs failed to state a claim, except with respect to the claims of one plaintiff. Class certification was denied. 2025 WL 2533504. Thereafter, on October 1, 2025, the remaining plaintiff was dismissed upon the parties’ joint stipulation of dismissal.

On October 3, 2025, the plaintiffs appealed to the U.S. Court of Appeals for the Fourth Circuit.

As of March 19, 2026, the case is ongoing.

Summary Authors

Chise Mori (3/19/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67713235/parties/bradley-v-gannett-co-inc/


Judge(s)

Alston, Rossie David (Virginia)

Attorney for Plaintiff

DiMuro, Bernard Joseph (Virginia)

Hanlon, Erin Kathryn (Virginia)

Harvey, Philip John (Virginia)

Attorney for Defendant

Batten, Mark Winslow (Virginia)

Documents in the Clearinghouse

Documents in this case
1

1:23-cv-01100

Complaint

First Class Action Complaint and Demand for Jury Trial

Aug. 18, 2023

Aug. 18, 2023

Complaint
28

1:23-cv-01100

First Amended Class Action Complaint and Demand for Jury Trial

Bradley v. Gannett

Dec. 15, 2023

Dec. 15, 2023

Complaint
55

1:23-cv-01100

Memorandum Opinion and Order

Bradley v. Gannett

Aug. 20, 2024

Aug. 20, 2024

Order/Opinion

2024 WL 3905817

72

1:23-cv-01100

Memorandum Opinion and Order

Bradley v. Gannett

Sept. 3, 2025

Sept. 3, 2025

Order/Opinion

2025 WL 2533504

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67713235/bradley-v-gannett-co-inc/

Last updated March 19, 2026, 2:35 p.m.

ECF Number Date Description Link
1 Aug. 18, 2023

Complaint ( Filing fee $ 402, receipt number AVAEDC-9084451.), filed by Steven Bradley, Barbara Augsdorfer, Noah Hiles, Stephen Crane, Logan Barry. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(DiMuro, Bernard) (Entered: 08/18/2023)

1 Civil Cover Sheet

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2 Summons

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Clearinghouse
2 Aug. 18, 2023

Proposed Summons by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (DiMuro, Bernard) (Entered: 08/18/2023)

RECAP
3 Aug. 18, 2023

Financial Interest Disclosure Statement (Local Rule 7.1) by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (DiMuro, Bernard) (Entered: 08/18/2023)

RECAP
Aug. 18, 2023

Initial Case Assignment to District Judge Rossie D. Alston, Jr and Magistrate Judge William E. Fitzpatrick. (swil)

4 Aug. 22, 2023

Summons Issued as to Gannett Co. Inc., NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: # 1 Summons Notice)(swil) (Entered: 08/22/2023)

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5 Nov. 10, 2023

Motion to appear Pro Hac Vice by Adam Thomas Sanderson and Certification of Local Counsel Bernard J. DiMuro Filing fee $ 75, receipt number AVAEDC-9213908. by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (DiMuro, Bernard) (Entered: 11/10/2023)

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6 Nov. 10, 2023

Motion to appear Pro Hac Vice by James Nelson Thomas and Certification of Local Counsel Bernard J. DiMuro Filing fee $ 75, receipt number AVAEDC-9213910. by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (DiMuro, Bernard) (Entered: 11/10/2023)

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7 Nov. 10, 2023

SUMMONS Returned Executed by Steven Bradley, Barbara Augsdorfer, Noah Hiles, Stephen Crane, Logan Barry Gannett Co. Inc. served on 11/3/2023, answer due 11/24/2023 (DiMuro, Bernard) (Entered: 11/10/2023)

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8 Nov. 10, 2023

MOTION to Stay Issuance of the Rule 16 Order and Bifurcate this Matter into Three Phases by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(DiMuro, Bernard) (Entered: 11/10/2023)

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9 Nov. 10, 2023

Memorandum in Support re 8 MOTION to Stay Issuance of the Rule 16 Order and Bifurcate this Matter into Three Phases filed by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (DiMuro, Bernard) (Entered: 11/10/2023)

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10 Nov. 13, 2023

Notice of Hearing Date set for December 8, 2023 @ 10:00 a.m. re 8 MOTION to Stay Issuance of the Rule 16 Order and Bifurcate this Matter into Three Phases (DiMuro, Bernard) (Entered: 11/13/2023)

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Nov. 13, 2023

Notice of Correction re 8 MOTION to Stay Issuance of the Rule 16 Order and Bifurcate this Matter into Three Phases. The filing user has been notified to file a Notice of Hearing or a Notice of Waiver of Oral Argument. (swil)

11 Nov. 14, 2023

ORDER granting 5 Motion for Pro hac vice Appointed Adam Thomas Sanderson for Barbara Augsdorfer,Adam Thomas Sanderson for Logan Barry,Adam Thomas Sanderson for Steven Bradley,Adam Thomas Sanderson for Stephen Crane,Adam Thomas Sanderson for Noah Hiles. Signed by District Judge Rossie D. Alston, Jr on 11/14/2023. (swil) (Entered: 11/16/2023)

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12 Nov. 14, 2023

ORDER granting 6 Motion for Pro hac vice Appointed James Nelson Thomas for Barbara Augsdorfer,James Nelson Thomas for Logan Barry,James Nelson Thomas for Steven Bradley,James Nelson Thomas for Stephen Crane,James Nelson Thomas for Noah Hiles. Signed by District Judge Rossie D. Alston, Jr on 11/14/2023. (swil) (Entered: 11/16/2023)

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Nov. 14, 2023

Set Deadline (per RDA Chambers) as to 8 MOTION to Stay Issuance of the Rule 16 Order and Bifurcate this Matter into Three Phases. Motion Hearing set for 12/8/2023 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. (wgar, )

13 Nov. 21, 2023

AFFIDAVIT of Service for Docs Nos 8 & 9: Motion and Memo to Stay Issuance of Rule 16 Order and Bifurcate Matter into Three Phases served on Defendant, Gannett Co., Inc., c/o Registered Agent, Corporation Service Company on November 13, 2023, filed by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (DiMuro, Bernard) (Entered: 11/21/2023)

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14 Nov. 24, 2023

Financial Interest Disclosure Statement (Local Rule 7.1) by Gannett Co. Inc.. (Mills, Laurin) (Entered: 11/24/2023)

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15 Nov. 24, 2023

Motion to appear Pro Hac Vice by Mark W. Batten and Certification of Local Counsel Laurin H. Mills Filing fee $ 75, receipt number AVAEDC-9234358. by Gannett Co. Inc.. (Mills, Laurin) (Entered: 11/24/2023)

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16 Nov. 24, 2023

Motion to appear Pro Hac Vice by Robert C. Weissflach and Certification of Local Counsel Laurin H. Mills Filing fee $ 75, receipt number AVAEDC-9234359. by Gannett Co. Inc.. (Mills, Laurin) (Entered: 11/24/2023)

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17 Nov. 24, 2023

MOTION to Dismiss Complaint and to Dismiss/Strike Class Allegations by Gannett Co. Inc.. (Attachments: # 1 Exhibit Attachment A - Declaration of Rana L. Cash, # 2 Exhibit Attachment B - Declaration of Michelle Ferguson, # 3 Exhibit A - Complaint, # 4 Exhibit B - 2020 Inclusion Report, # 5 Exhibit C - M. Killian Article (Observer-Dispatch), # 6 Exhibit D - S. Crane 2020 Performance & Development Review, # 7 Exhibit E - S. Crane Article (The Herald-Times), # 8 Exhibit F - B. Augsdorfer Performance Improvement Plan, # 9 Proposed Order)(Mills, Laurin) (Entered: 11/24/2023)

1 Exhibit Attachment A - Declaration of Rana L. Cash

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2 Exhibit Attachment B - Declaration of Michelle Ferguson

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3 Exhibit A - Complaint

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4 Exhibit B - 2020 Inclusion Report

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5 Exhibit C - M. Killian Article (Observer-Dispatch)

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6 Exhibit D - S. Crane 2020 Performance & Development Review

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7 Exhibit E - S. Crane Article (The Herald-Times)

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8 Exhibit F - B. Augsdorfer Performance Improvement Plan

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9 Proposed Order

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18 Nov. 24, 2023

Memorandum in Support re 17 MOTION to Dismiss Complaint and to Dismiss/Strike Class Allegations filed by Gannett Co. Inc.. (Mills, Laurin) (Entered: 11/24/2023)

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19 Nov. 24, 2023

Notice of Hearing Date December 22, 2023 at 10am re 18 Memorandum in Support, 17 MOTION to Dismiss Complaint and to Dismiss/Strike Class Allegations (Mills, Laurin) (Entered: 11/24/2023)

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20 Nov. 24, 2023

RESPONSE in Opposition re 8 MOTION to Stay Issuance of the Rule 16 Order and Bifurcate this Matter into Three Phases filed by Gannett Co. Inc.. (Mills, Laurin) (Entered: 11/24/2023)

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Nov. 26, 2023

Notice of Correction: The filing user has been notified to refile the notice of hearing for a Wednesday in re 19 Notice of Hearing Date. (jlan)

21 Nov. 27, 2023

AFFIDAVIT of Service for Notice of Hearing (Doc No 10) served on Gannett Co., Inc. c/o Reg. Agent, Corporation Service Company on November 14, 2023, filed by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (DiMuro, Bernard) (Entered: 11/27/2023)

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22 Nov. 27, 2023

ORDERED that Plaintiff's Motion (Dkt.8) is DENIED (see Order for further details). Signed by Magistrate Judge William E. Fitzpatrick on 11/27/2023. (swil) (Entered: 11/28/2023)

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23 Dec. 6, 2023

Notice of Hearing Date set for Wednesday, January 10, 2024 at 10 am re 18 Memorandum in Support, 17 MOTION to Dismiss Complaint and to Dismiss/Strike Class Allegations (Mills, Laurin) (Entered: 12/06/2023)

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24 Dec. 6, 2023

Joint MOTION to Amend/Correct 18 Memorandum in Support, 17 MOTION to Dismiss Complaint and to Dismiss/Strike Class Allegations Joint Motion to Alter Briefing Schedule for Motion to Dismiss or For Answer to Amended Complaint by Gannett Co. Inc.. (Attachments: # 1 Proposed Order)(Mills, Laurin) (Entered: 12/06/2023)

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25 Dec. 6, 2023

ORDER granting 24 Joint Motion to Alter the Briefing Schedule; Plaintiffs shall have until December 15, 2023 to respond to Gannett's Motion Dismiss and Gannett shall have until December 22, 2023 to file its Reply Brief. In the event that Plaintiffs file an amended complaint on or before December 15, 2023, Gannett shall have until January 8, 2023 to answer or otherwise respond to the amended complaint. Signed by Magistrate Judge William E. Fitzpatrick on 12/06/2023. (jlan) (Entered: 12/06/2023)

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Dec. 7, 2023

Set Deadline as to 17 MOTION to Dismiss Complaint and to Dismiss/Strike Class Allegations. Motion Hearing set for 1/10/2024 at 10:00 AM in Alexandria Courtroom 1000 before District Judge Rossie D. Alston Jr. (wgar, )

26 Dec. 11, 2023

ORDER granting 15 Motion for Pro hac vice Appointed Mark Winslow Batten for Gannett Co. Inc. Signed by District Judge Rossie D. Alston, Jr on 12/11/2023. (swil) (Entered: 12/12/2023)

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27 Dec. 11, 2023

ORDER granting 16 Motion for Pro hac vice Appointed Robert Carl Weissflach for Gannett Co. Inc. Signed by District Judge Rossie D. Alston, Jr on 12/11/2023. (swil) (Entered: 12/12/2023)

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28 Dec. 15, 2023

AMENDED COMPLAINT against Gannett Co. Inc., filed by Steven Bradley, Barbara Augsdorfer, Noah Hiles, Stephen Crane, Logan Barry.(DiMuro, Bernard) (Entered: 12/15/2023)

Clearinghouse
29 Dec. 21, 2023

ORDERED that Defendant's Motion to Dismiss (Dkt. 17) is DENIED as MOOT. Signed by District Judge Rossie D. Alston, Jr on 12/21/2023. (swil) (Entered: 12/21/2023)

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30 Jan. 8, 2024

MOTION to Dismiss for Failure to State a Claim Defendant's Motion to Dismiss First Amended Complaint and to Dismiss/Strike Class Allegations by Gannett Co. Inc.. (Attachments: # 1 Proposed Order)(Mills, Laurin) (Entered: 01/08/2024)

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31 Jan. 8, 2024

Memorandum in Support re 30 MOTION to Dismiss for Failure to State a Claim Defendant's Motion to Dismiss First Amended Complaint and to Dismiss/Strike Class Allegations filed by Gannett Co. Inc.. (Mills, Laurin) (Entered: 01/08/2024)

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32 Jan. 8, 2024

Notice of Hearing Date re 31 Memorandum in Support, 30 MOTION to Dismiss for Failure to State a Claim Defendant's Motion to Dismiss First Amended Complaint and to Dismiss/Strike Class Allegations (Mills, Laurin) (Entered: 01/08/2024)

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33 Jan. 8, 2024

MOTION to Dismiss for Failure to State a Claim Corrected - Defendant's Motion to Dismiss First Amended Complaint and to Dismiss/Strike Class Allegations by Gannett Co. Inc.. (Attachments: # 1 Exhibit Attachment A - Declaration of Rana L. Cash, # 2 Exhibit Attachment B - Declaration of Michelle Ferguson, # 3 Exhibit A - First Amended Complaint, # 4 Exhibit B - Gannett 2020 Inclusion Report, # 5 Exhibit C - Observer-Dispatch Article, # 6 Exhibit D - Crane 2020 Performance & Development Review, # 7 Exhibit E - The Hearld Times (Crane Article), # 8 Exhibit F - Augsdorfer Performance Improvement Plan, # 9 Proposed Order)(Mills, Laurin) (Entered: 01/08/2024)

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34 Jan. 8, 2024

Memorandum in Support re 33 MOTION to Dismiss for Failure to State a Claim Corrected - Defendant's Motion to Dismiss First Amended Complaint and to Dismiss/Strike Class Allegations Memorandum In Support of Corrected Motion to Dismiss filed by Gannett Co. Inc.. (Mills, Laurin) (Entered: 01/08/2024)

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35 Jan. 8, 2024

Notice of Hearing Date Notice of Hearing to Corrected Motion to Dismiss for Wednesday, February 14, 2024 at 10am re 33 MOTION to Dismiss for Failure to State a Claim Corrected - Defendant's Motion to Dismiss First Amended Complaint and to Dismiss/Strike Class Allegations, 34 Memorandum in Support, (Mills, Laurin) (Entered: 01/08/2024)

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Jan. 9, 2024

Set Deadlines as to 30 MOTION to Dismiss for Failure to State a Claim Defendant's Motion to Dismiss First Amended Complaint and to Dismiss/Strike Class Allegations, 33 MOTION to Dismiss for Failure to State a Claim Corrected - Defendant's Motion to Dismiss First Amended Complaint and to Dismiss/Strike Class Allegations. Motion Hearing set for 2/14/2024 at 10:00 AM in Alexandria Courtroom 1000 before District Judge Rossie D. Alston Jr. (wgar, )

36 Jan. 22, 2024

Memorandum in Opposition re 33 MOTION to Dismiss for Failure to State a Claim Corrected - Defendant's Motion to Dismiss First Amended Complaint and to Dismiss/Strike Class Allegations filed by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (Attachments: # 1 Affidavit Sanderson Affirmation)(DiMuro, Bernard) (Entered: 01/22/2024)

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37 Jan. 29, 2024

Memorandum in Support re 33 MOTION to Dismiss for Failure to State a Claim Corrected - Defendant's Motion to Dismiss First Amended Complaint and to Dismiss/Strike Class Allegations Defendant Gannett Co, Inc.'s Reply Memorandum of Law In Further Support of its Motion to Dimiss First Amended Complaint and to Dismiss/Strike Class Allegations filed by Gannett Co. Inc.. (Mills, Laurin) (Entered: 01/29/2024)

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Jan. 29, 2024

*** Motion Hearing deadline terminated - Per RDA's chambers, motions set for 2/14/2024 will be decided on the papers; no oral argument will be heard (tarm, )

38 Feb. 8, 2024

MOTION to Certify Class by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (Attachments: # 1 Proposed Order)(DiMuro, Bernard) (Entered: 02/08/2024)

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39 Feb. 8, 2024

Memorandum in Support re 38 MOTION to Certify Class filed by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (Attachments: # 1 Affidavit Declaration of Sanderson, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I)(DiMuro, Bernard) (Entered: 02/08/2024)

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40 Feb. 8, 2024

MOTION for Preliminary Injunction by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (Attachments: # 1 Proposed Order)(DiMuro, Bernard) (Entered: 02/08/2024)

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41 Feb. 8, 2024

Memorandum in Support re 40 MOTION for Preliminary Injunction filed by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (Attachments: # 1 Affidavit Declaration of Sanderson, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L)(DiMuro, Bernard) (Entered: 02/08/2024)

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42 Feb. 8, 2024

Notice of Hearing Date set for March 13, 2024 @ 10:00 a.m. re 38 MOTION to Certify Class (DiMuro, Bernard) (Entered: 02/08/2024)

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43 Feb. 8, 2024

Notice of Hearing Date set for March 13, 2024 @ 10:00 a.m. re 40 MOTION for Preliminary Injunction (DiMuro, Bernard) (Entered: 02/08/2024)

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44 Feb. 9, 2024

MOTION to Stay re 38 MOTION to Certify Class, 39 Memorandum in Support, 40 MOTION for Preliminary Injunction, 41 Memorandum in Support, Gannett's Motion to Stay Briefing on Plaintiffs' Motions for Class Certification and for a Preliminary Injunction by Gannett Co. Inc.. (Attachments: # 1 Proposed Order)(Mills, Laurin) (Entered: 02/09/2024)

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45 Feb. 9, 2024

Memorandum in Support re 44 MOTION to Stay re 38 MOTION to Certify Class, 39 Memorandum in Support, 40 MOTION for Preliminary Injunction, 41 Memorandum in Support, Gannett's Motion to Stay Briefing on Plaintiffs' Motions for Class Gannett's Memorandum In Support of Its Motion to Stay Briefing on Plaintiffs' Motions for Class Certification and for a Preliminary Injunction filed by Gannett Co. Inc.. (Mills, Laurin) (Entered: 02/09/2024)

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46 Feb. 9, 2024

Waiver of re 45 Memorandum in Support, 44 MOTION to Stay re 38 MOTION to Certify Class, 39 Memorandum in Support, 40 MOTION for Preliminary Injunction, 41 Memorandum in Support, Gannett's Motion to Stay Briefing on Plaintiffs' Motions for Class Notice of Waiver of Oral Argument by Gannett Co. Inc. (Mills, Laurin) (Entered: 02/09/2024)

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Feb. 9, 2024

Set Deadline as to 40 MOTION for Preliminary Injunction, 38 MOTION to Certify Class. Motion Hearing set for 3/13/2024 at 10:00 AM in Alexandria Courtroom 1000 before District Judge Rossie D. Alston Jr. (wgar, )

47 Feb. 13, 2024

RESPONSE in Opposition re 44 MOTION to Stay re 38 MOTION to Certify Class, 39 Memorandum in Support, 40 MOTION for Preliminary Injunction, 41 Memorandum in Support, Gannett's Motion to Stay Briefing on Plaintiffs' Motions for Class filed by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (DiMuro, Bernard) (Entered: 02/13/2024)

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48 Feb. 14, 2024

REPLY to Response to Motion re 44 MOTION to Stay re 38 MOTION to Certify Class, 39 Memorandum in Support, 40 MOTION for Preliminary Injunction, 41 Memorandum in Support, Gannett's Motion to Stay Briefing on Plaintiffs' Motions for Class Gannett's Reply to Plaintiffs' Opposition to Gannett's Motion to Stay Briefing on Plaintiffs' Motions for Class Certification and for a Preliminary Injunction filed by Gannett Co. Inc.. (Mills, Laurin) (Entered: 02/14/2024)

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49 Feb. 21, 2024

ORDER granting 44 MOTION to Stay re 38 MOTION to Certify Class, 39 Memorandum in Support, 40 MOTION for Preliminary Injunction, 41 Memorandum in Support, Gannett's Motion to Stay Briefing on Plaintiffs' Motions for Class Certification and for a Preliminary Injunction (see Order for details). Signed by Magistrate Judge William E. Fitzpatrick on 2/20/2024. (swil) (Entered: 02/21/2024)

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Feb. 28, 2024

***Motion Hearing set for March 13, 2024 @ 10:00 a.m. -CANCELED, per Dkt. 49 . (tran)

50 March 20, 2024

NOTICE by Gannett Co. Inc. re 33 MOTION to Dismiss for Failure to State a Claim Corrected - Defendant's Motion to Dismiss First Amended Complaint and to Dismiss/Strike Class Allegations, 34 Memorandum in Support, 35 Notice of Hearing Date, Gannett's Notice of Supplemental Authority In Support of Its Motion to Dismiss Amended Complaint and to Dismiss/Strike Class Allegations (Attachments: # 1 Exhibit A - Duvall v. Novant Health, Inc.)(Mills, Laurin) (Entered: 03/20/2024)

1 Exhibit A - Duvall v. Novant Health, Inc.

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51 April 5, 2024

NOTICE of Appearance by Philip John Harvey on behalf of Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles (Harvey, Philip) (Entered: 04/05/2024)

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52 April 8, 2024

NOTICE of Appearance by Paris Ratliff Sorrell on behalf of Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles (Sorrell, Paris) (Entered: 04/08/2024)

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53 April 10, 2024

SUGGESTION OF DEATH Upon the Record of Bernard DiMuro by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (Harvey, Philip) (Entered: 04/10/2024)

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54 April 12, 2024

ORDERED that Plaintiff's request is GRANTED, and Mr. DiMuro's appearance shall be WITHDRAWN. Signed by Magistrate Judge William E. Fitzpatrick on 4/12/2024. (swil) (Entered: 04/15/2024)

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55 Aug. 20, 2024

MEMORANDUM OPINION and ORDER that Defendant's Corrected Motion to Dismiss (Dkt. 33) is GRANTED IN PART and DENIED IN PART. The motion is denied insofar as it seeks dismissal with prejudice, but the motion is granted in all other respects; and it is FURTHER ORDERED that Defendants original Motion to Dismiss (Dkt. 30) is DENIED AS MOOT; and it is FURTHER ORDERED that the Amended Complaint (Dkt. 28) is DISMISSED WITHOUT PREJUDICE; and it is FURTHER ORDERED that the class allegations are STRICK EN from the Amended Complaint (Dkt. 28); and it is FURTHER ORDERED that the Motion to Certify Class (Dkt. 38) is DENIED AS MOOT based upon the granting of the Motion to Dismiss; and it is FURTHER ORDERED that the Motion for a Preliminary Injunction ( Dkt. 40) is DENIED as MOOT based upon the granting of the Motion to Dismiss; and it is FURTHER ORDERED that Plaintiffs are DIRECTED to file any second amended complaint within THIRTY (30) DAYS (see Order for further details). Signed by District Judge Rossie D. Alston, Jr on 8/20/2024. (swil)

Clearinghouse
56 Sept. 19, 2024

AMENDED COMPLAINT (Second) against All Defendants, filed by Steven Bradley, Barbara Augsdorfer, Noah Hiles, Stephen Crane, Logan Barry.(Harvey, Philip) (Entered: 09/19/2024)

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57 Sept. 27, 2024

MOTION to Withdraw as Attorney (Adam Sanderson) by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (Attachments: # 1 Proposed Order)(Harvey, Philip) (Entered: 09/27/2024)

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58 Sept. 27, 2024

ORDER granting 57 Motion to Withdraw as Attorney. The Court hereby GRANTS the motion and hereby directs the Clerk to terminate Mr. Sanderson as counsel of record in this matter. Signed by Magistrate Judge William E. Fitzpatrick on 09/27/2024. (jlan) (Entered: 09/27/2024)

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59 Oct. 3, 2024

MOTION to Dismiss for Failure to State a Claim Motion to Dismiss Second Amended Complaint and to Dismiss/Strike Class Allegations by Gannett Co. Inc.. (Attachments: # 1 Exhibit A - Second Amended Complaint, # 2 Exhibit B - 2020 Inclusion Report, # 3 Exhibit C - Observer-Dispatch Article, # 4 Exhibit D - Crane 2020 Performance Review, # 5 Exhibit E - The Herald Times Article, # 6 Exhibit F - Augsdorfer PIP, # 7 Exhibit Attachment A - Cash Declaration, # 8 Exhibit Attachment B - Ferguson Declaration, # 9 Proposed Order)(Mills, Laurin) (Entered: 10/03/2024)

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60 Oct. 3, 2024

Memorandum in Support re 59 MOTION to Dismiss for Failure to State a Claim Motion to Dismiss Second Amended Complaint and to Dismiss/Strike Class Allegations filed by Gannett Co. Inc.. (Mills, Laurin) (Entered: 10/03/2024)

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61 Oct. 3, 2024

Notice of Hearing Date set for November 6, 2024 @ 10:00 am re 59 MOTION to Dismiss for Failure to State a Claim Motion to Dismiss Second Amended Complaint and to Dismiss/Strike Class Allegations, 60 Memorandum in Support (Mills, Laurin) (Entered: 10/03/2024)

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Oct. 3, 2024

Set Deadline as to 59 MOTION to Dismiss for Failure to State a Claim Motion to Dismiss Second Amended Complaint and to Dismiss/Strike Class Allegations. Motion Hearing set for 11/6/2024 at 10:00 AM in Alexandria Courtroom 1000 before District Judge Rossie D. Alston, Jr. (triv)

62 Oct. 17, 2024

Memorandum in Opposition re 59 MOTION to Dismiss for Failure to State a Claim Motion to Dismiss Second Amended Complaint and to Dismiss/Strike Class Allegations filed by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (Harvey, Philip) (Entered: 10/17/2024)

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63 Oct. 23, 2024

RESPONSE in Support re 59 MOTION to Dismiss for Failure to State a Claim Motion to Dismiss Second Amended Complaint and to Dismiss/Strike Class Allegations Reply Memorandum of Law In Further Support of its Motion to Dismiss Second Amended Complaint and to Dismiss/Strike Class Allegations filed by Gannett Co. Inc.. (Mills, Laurin) (Entered: 10/23/2024)

RECAP
64 Oct. 25, 2024

Consent MOTION Waive Appearance of Local Counsel at Hearing on Motion to Dismiss/Strike Class Allegations by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (Attachments: # 1 Proposed Order)(Harvey, Philip) (Entered: 10/25/2024)

RECAP
65 Oct. 25, 2024

Memorandum in Support re 64 Consent MOTION Waive Appearance of Local Counsel at Hearing on Motion to Dismiss/Strike Class Allegations filed by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (Harvey, Philip) (Entered: 10/25/2024)

RECAP
66 Oct. 25, 2024

Waiver of re 64 Consent MOTION Waive Appearance of Local Counsel at Hearing on Motion to Dismiss/Strike Class Allegations Hearing by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles (Harvey, Philip) (Entered: 10/25/2024)

RECAP
Oct. 29, 2024

*** Motion Hearing deadline terminated - Per RDA's chambers, motion set for 11/06/2024 will be decided on the papers; no oral argument will be heard (tarm, )

67 Oct. 30, 2024

ORDER denying as moot 64 Consent MOTION Waive Appearance of Local Counsel at Hearing on Motion to Dismiss/Strike Class Allegations. ORDERED that the hearing scheduled for November 6, 2024 is TERMINATED and that the Motion to Dismiss will be decided on the papers. Signed by District Judge Rossie D. Alston, Jr on 10/30/2024. (kgall) (Entered: 10/30/2024)

RECAP
68 Dec. 4, 2024

Motion to appear Pro Hac Vice by Erin Kathryn Hanlon and Certification of Local Counsel Paris R. Sorrell Filing fee $ 75, receipt number AVAEDC-9882025. by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (Sorrell, Paris) (Entered: 12/04/2024)

RECAP
69 Dec. 11, 2024

ORDER granting 68 Motion for Pro hac vice Appointed Erin Kathryn Hanlon for Barbara Augsdorfer,Erin Kathryn Hanlon for Logan Barry,Erin Kathryn Hanlon for Steven Bradley,Erin Kathryn Hanlon for Stephen Crane,Erin Kathryn Hanlon for Noah Hiles. Signed by District Judge Rossie D. Alston, Jr on 12/11/2024. (swil) (Entered: 12/11/2024)

RECAP
70 Jan. 3, 2025

MOTION to Withdraw as Attorney (Paris Sorrell) by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (Attachments: # 1 Proposed Order)(Sorrell, Paris) (Entered: 01/03/2025)

RECAP
71 Jan. 6, 2025

ORDERED that the Court hereby GRANTS the motion and hereby directs the Clerk to terminate Ms. Sorrell as counsel of record in this matter in re 70 Motion to Withdraw as Attorney. Signed by Magistrate Judge William E. Fitzpatrick on 1/6/2025. (swil) (Entered: 01/07/2025)

RECAP
72 Sept. 3, 2025

MEMORANDUM OPINION and ORDER that the Motion to Dismiss (Dkt. 59) is GRANTED IN-PART and DENIED-IN-PART. The motion is granted in all respects except with respect to the claims of Plaintiff Barry; and it is FURTHER ORDERED that claims of Plaintiffs B radley, Crane, Hiles, and Augsdorfer are DISMISSED; and it is FURTHER ORDERED that the class allegations are STRUCK from the Second Amended Complaint; and it is FURTHER ORDERED that this case will proceed only with respect to the allegations of Plaintiff Barry and a scheduling order will issue promptly (see Order for further details). Signed by District Judge Rossie D. Alston, Jr on 9/3/2025. (swil)

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Case Details

State / Territory:

Virginia

Case Type(s):

Equal Employment

Key Dates

Filing Date: Aug. 18, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Five white former employees of Gannett Co., Inc.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Private Entity/Person

Gannett Co., Inc.

Defendant Type(s):

Movie Theater or Other Entertainment facility

Facility Type(s):

Non-government for-profit

Case Details

Causes of Action:

42 U.S.C. § 1981

Other Dockets:

Eastern District of Virginia 1:23-cv-01100

U.S. Court of Appeals for the Fourth Circuit 25-02190

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Sought:

Attorneys fees

Damages

Injunction

Relief Granted:

None

Source of Relief:

None

Amount Defendant Pays: $0

Issues

General/Misc.:

Staff (number, training, qualifications, wages)

Discrimination Area:

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

Hiring

Discrimination Basis:

Race discrimination

Affected Race(s):

White

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