Case 8:97-cv-00760-JDW Document 1 Filed 04/03/97 Page 1 of 44

UNITED STATES DISTRICT

MIDDLE DISTRICT OF FLORIPA

TAMPA DIVISION

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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 and CHARLES JACKSON, individually and on behalf of all other persons similarly situated,
Plaintiffs,
v.
PUBLIX SUPER MARKETS, INC.,
____D_e_fe_nd_a_n_t.____________1

~. 97-7(,0- CW-T-,)sG
Case No. CLAS ;;CTION

Plaintiffs sue Defendant and state:

JURISDICTION OF THE COURT

1. This case is brought as a class action upI d:r 42 U.S.C. §

las 1981, Title VII of the Civil Rights Act of 1964,

amended, (42

U.S.C. § 2000e et seq.) and the Florida Human Ri9~ts Act of 1992,

Chapter 760, Florida Statutes.

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uJon 2. Jurisdiction of this Court is founded

28 U.S.C. §§

I

1331, 1343 and 1367 and 42 U.S.C. § 2000e-5(f) (3).

3. Venue is proper under 28 U.S.C. § 1391(b ~ ~nd 42 U.S.C §

2000e-5 (f) (3) .

4. The Plaintiffs have satisfied the I administrative

prerequisites to suit under Title VII.

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PLAINTIFFS 5. Each of the Plaintiffs is a black! 3pplicant for
employment I black employee I or black former emp,~ cyee of Publix
Super Markets, Inc., as described more fully in t~ i3 Complaint. DEFENDANT
6. Defendant Publix Super Markets, In,c. , (hereafter
"Publix") is a corporation with headquarters in La ~elandl Florida.
It operates more than 500 retail grocery store~, primarily in
I
Florida and Georgia, warehouses at each of its fou~,, divisions (some
with satellite warehouses), and plants which produFe such foods as dairy, deli and bakery products.
CLASS ACTION ALLEGATIONS
7. This action is brought as a clas~ action under
Fed.R.Civ.P. 23. The class consists of all pres~ nt, former, and future black employees and applicants for ernpl ~yment with the
Defendant alleging discrimination based on race in: (a) hiring and selection to and resistance ~o demotion from non-management jobs; (b) transition from part-time to full-time;
(c) promotion and transfer to and resistance ~c demotion from
management jobs or superior management jobs;
(d) terms and conditions of employment inclu~ing hostile work.
environment;
(e) hourly rate, hours afforded, and salary j, and (f) discharge and constructive discharge.
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The term II se l ection II is used as a term of art in this

Complaint because there is a pattern of black class

members employed in jobs such as Front End Service Person

18 (bagger) being passed over for jobs, such

Cashier,

which are awarded to white persons being hired from

outside the Publix workforce.

I

8. The facilities included are all retail stores, all

warehouses, and all production plants owned and operated by Publix .

The Division and Corporate headquarters are included only as to

hiring and transferring.

9. Numerosity: Subsection (a) (1) of Rule 23 is satisfied in

that the class is so numerous that joinder is impracticable . The

number of current black employees on informatiOf and belief is circa 9,000 which does not include black former em l~yees or black

applicants for employment.

10. Commonality: Subsection (a) (2) is sati3fied in that

there are questions of fact and law common to the nembers of the

class : to wit, has and does Publix maintain a cont~nuing pattern

and practice of discrimination against black persons in employment.

11 . Publix has highly centralized personnel policies and

practices which operate across all of its operations. The decision

making process in the retail stores for hiring, promotions, job

assignment and other employment benefits including compensation is

based on highly subjective criteria in that man ag:rs make such

decisions without resort to written guidel ines or training and with

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Case 8:97-cv-00760-JDW Document 1

Filed 04/03/97 Page 4 of 44
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largely unfettered discretion. At most times relevant to this

action, in the retail stores Publix did not post jobs and selected

managers based on the "tap on the shoulder " system. The same

policies and practices were used in selecting persons for

management and professional jobs in the warehouses, plants and

corporate headquarters.

12. On information and belief, Publix currently uses or has

used during times relevant to this action its central Human

Resources Department to screen applications for al l n~n-store jobs,

including jobs at the warehouses, plants and corporate offices. As

recently as early 1993, Publix coded applications ac=ording to the

race of the applicant . One of the purposes of such coding was to

limit the number of black empl oyees employed in non-store jobs .

Some of the selecting supervisors instructed the Human Resources

Department not to send applications from blacks. One or more

employees from the Human Resources Department complained to higher

management about these racially motivated instructions.

13. These common personnel polices and practices are used by

Publix to exclude black applicants and black empl oyees from jobs,

promotional opportunities and other employment benefits afforded to

similarly situated white employees. They raise co~mon issues of

fact for purposes of Fed . R.Civ.P. 23(a) (2).

14. The Plaintiffs' theory of liability, i .le . , that Publix

has intentionally discriminated against the Pl ain-:.iffs and the

class, raises a common issue of law for purposes of Fed.R . Civ . P .

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23 (a) (2) .

15. Typicality: Subsection (a) (3) is satis:ied in that the

claims of the 16 representative parties are typical of the class as

a whole . The representative parties as a group represent each of

the practices complained of herein, including fai.lure to hire,

failure to promote, failure to provide terms and conditions of

employment in an environment from of racial bias, and discharge.

The representative parties as a group have app l ied f~r and/or held

a broad range of jobs and suffered failure to promote from part-

18 time to full-time and have been denied most jobs

promotional

opportunities that exist in the retail sector of Pu lix's employ.

Many have been discharged because of their race. A number of the

Plaintiffs have applied for or worked in the Publix's warehouse and

plant facilities including those in Lakeland, Jacksonville, Miami

and Atlanta . Like those who have worked in the retail operations.

they have suffered a wide variety of failures to hire, promotional

denials, and racially biased terms and conditions of :mployment and

discharges. Others of the Plaintiffs have been l iscriminatorilY

denied employment and the opportunity to transfer to positions at
,
the corporate and division offices.

16 . Adequacy of Representation: The named p l aintiffs will

adequately represent the class. The plaintiffs desire to represent

the class, do not have interests antagonistic to tte rest of the

class, and have retained counsel experienced in class action

litigation of employment d i scrimination claims.

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17. This action is brought under subsection (b) (2) of

Fed. R. Civ. P. 23 in that Publix has acted or refused to act on

grounds generally applicable to the class , makir:g appropriate

declaratory and injunctive relief with respect to the class a

whole. Although damages are sought, equitable relief will

predominate. In the alternative, Plaintiffs seek certification

under subsection (b) (3) of Fed.R . Civ.P. 23.

RACIALLY DISCRIMINATORY PRACTICES

18. Publix has maintained a pattern and practice of racial

discrimination against black applicants and empl oyees in retail

outlets, warehouses, and plants in the following rays:

(al failing to hire black applicants on termr equal to white

applicants;

(b) selecting white new hires for positions for which black

incumbent employees a r e more qualified;

,

(cl demoting b l ack employees on terms less ~ favorable than

those afforded white e mp l oyees;

(d) failing to promote black employees from part- time to ful1-

time employment on terms equal to white employees;

(e) faili ng to promote black employees on terrr,s -equal to white

employees;

,

(f) failing to transfer black emp l oyees tol more favorable

assignments on terms equal to white e mployees; ,

envir~n~ent (g) maintaining a racially hostile work

for black

employees;

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(h) utilizing subjective, race-based decision making processes in hiring, promotion, transfer and compensation decisions which are made by an overwhelmingly white managerial workforc~;
(i) discharging and constructively discharging clack employees on terms less favorable that those afforded white e~ployees.
(j) failing to hire, transfer and promote into the Division and Corporate headquarters black employees and applicants on terms equal to white persons;
(k) deterring blacks from applying for emPl01rent with Publix and from seeking promotional opportunities; and
(1) denying black applicants and black employe€8 other terms and conditions of employment, such as compensation, on the same basis applied to similarly situated white applicants and employees.
ALLEGATIONS OF REPRESENTATIVE PLAINTIFPS Lemuel Middleton
19. PLAINTIFF LEMUEL MIDDLETON commenced his e~ployment with Publix as a part - time Bagger in 1986 at Store #259 in St. Petersburg and was promoted to part-time Produce Clerk. In 1988, Middleton went on military leave. He served in the Marines from 1988-1992 including Operation Desert Storm, commanding 50 Marines in wartime.
20. In 1992, Middleton returned to Publix to the same store after being in the military service, commencing as a part-time Stocker and advancing to a full-time Stocker, Lead St~ck Person and in charge of Frozen Foods in Perishables.
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21. During this time, Middleton was told he would be trained

for store management. However, his Store Manager was not training

him and was telling others that he had no intent~on of promoting

Middleton. Middleton went to the District Manager tc inquire about

promotional opportunities. He pointed out that he ~ad supervised

Marines in wartime. He was told he would have to w2it.

22. White employees with less service and in=erior records

and abilities, including Jeffrey Campbell and Keith Dull, were

promoted over Middleton to 2d Assistant Manager. N=eding to know

his Store Manager's intentions, Middleton told him ~hat if he was

not going to be trained and promoted he would hav€ to leave to

advance his career. His Manager said he "did net known which

Middleton took to be a rejection of his request. His career at a

dead end, Middleton left approximately one month later in January,

1995. He is currently an insurance salesman.

Reginald Lewis

23. PLAINTIFF REGINALD LEWIS was hired by Publix as a part-

time Stock Person in Jacksonville in August, 1988. Approximately

seven months later, he was promoted to full-time St·~ck Person.

24. In October 1992 , Lewis was promoted to 2d Assistant

Manager. Three weeks after his promotion, Lewis was involuntarily

transferred by his District Manager to #431 in Brunswick, Georgia.

This was a great inconvenience on him because it forced him to work

so miles from his family in Jacksonville.

25. Just before Lewis's promotion, Store

in Brunswick,

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Georgia, had been picketed by a civil rights group alleging racial discrimination in employment. When Lewis arrived, he was placed out front and was told that he was a "token."
26. The all-white management team at #431 did not welcome Lewis. He was not allowed to perform the full range of duties normally assigned to 2d Assistant Managers. The Assistant Store Manager at #431 treated the black employees disrespectfully referring to them with racial slurs such as "nig3er . n Lewis, himself, was called "boy" and "midnight oil" by the other 2d Assistant Manager. The Store Manager condoned a white Cashier calling Lewis "buckwheat" and refused to allow Lewis to write her up.
27. Around July, 1993, Lewis was falsely accused of stealing from the company I was suspended for two weeks a!ld had his keys taken from him. when the company realized that its allegations were in error, he did not have his keys returned nor did he receive an apology. After this he was used essentially as a Stock Person.
28. In August 1993, Lewis was transferred back to a store in Jacksonville. The Bakery Manager in Brunswick called him and said that he believed Lewis was going to be fired in Jacksonville. Soon thereafter $500 was said missing and Lewis was accused of theft by Assistant Director of Retail Operations, Ralph Phillips. During these accusations, District Manager Harper physically blocked the doorway to stop Lewis from leaving the room where he was being accused and interrogated. Lewis swore that he was n~t guilty. He
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was told that if he admitted to the theft, he cou d save his job,

but that if he did not, the company would bing in outside

investigators who would destroy him and he ould lose his

retirement which was approximately $6000. To save ~is job, Lewis

admitted to a theft he did not do. He was fired im~ediately.

29. After being fired, Lewis tried to contact Human Resources

Director for Jacksonville, Jim Bohannon, but Boba~non would not

speak with hi m. He then telephoned Jessie Barton , Vice President ,

on three separate occasions, but Barton refused to talk to Lewis on

each occasion . Lewis is currently a Produc: Manager with

Albertson's .

John Kee

30. PLAINTIFF JOHN KEE first applied to

Jacksonville

Warehouse in 1988. There was a high degree of favoritism for

relatives amongst the white employees at the war:house, so he

believed that because he had two uncles working at ~he warehouse,

his application might receive more favorable co~sideration than

other qualified candidates. He was given the physical with two

white candidates. Later that day the two whites were hired and the

supervisor making the decision tol d Kee t hat he had =hosen the two

whites over him because they had "more morals and

responsibilities."

31 . Knowing that Publix can provide good employment

opportunities, Kee appl ied again to the warehouse in early 1996 . He

was not given an interview or any response by the company.

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32. Kee knew that there were good opportunities in Publix retail stores. In addition he understood that once that he was an incumbent Publix employee, he might be able to transfer to the warehouse.
33. In June 1996, Kee was hired at store #187 in Jacksonville as a Front Service Person (bagger). He received in the range of 25-27 hours a week. Kee was an exceptionally good Stock Person and Publix worked him 20-24 hours a week stocking, instead of bagging. He repeatedly asked to be given the title of Stock Person to fit his actual responsibilities but Publix refused. Though Publ ix enjoyed the benefit of his excellent stocking abi11ty, they kept his pay and title that of Front Service Person. He was 26 years old at this time. Students still in school w-ere being newly employed and getting 40 hours of work, more than he ~as ever given.
34. From June to December 1996 approximately nine white employees were hired and made Stock Persons at Store #187. All of these individuals were junior to Kee at Publix. B~ December, 1996, Kee could see that he would never be promot Td and qui t in frustration.
35. During his employment from June 1996 to ~ecember 1996, Kee asked on a numerous occasions about the opportunity to transfer to the warehouse. Each time he was put off and given no opportunity to apply .
36. Kee is currently employed as ASSis t nt Maintenance Supervisor for an apartment complex. He sh es supervisory
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authority over approximatel y 20 persons.
Sharon Plowers
,
37. PLAINTIFF SHARON FLOWERS went to wor~ for Publ ix in
,
approximately November 1990 as a part-time BakerY Clerk at Store #2038 in St. Petersburg, Fl orida.
38. In August 1991, she was promoted to a p~c:<-out position
in the Bakery, but still as part-time, even though she often worked up to 55 hours per week. Flowers had been intereste~ in full-time employment from the day she was hired, and in J~,nLary 1992, she began actively requesting it. In March 1992, her l Bakery Manager,
I Michael Masi, assured her that she and another ~hi te baker were next in line to be full-time.
39 . In late October 1992, Flowers went on ~aternity leave.
Just before this Masi assured her that her pack-ou~ position would be open when she returned.
,
40. In February 1993, Flowers returned from 1maternity leave to find her position had been given to a white ef p:oyee. During
the same period, another white employee who return~d from maternity
leave was given back her former position. 41. Because she lost her former position, Flqwers asked to be
assigned to another store. This was denied and, ~, n3tead, she was given a Front Service Person (bagger) position. Her hours were significantly reduced.
42. After this, Flowers began asking her Sto~,e Manager, David
Andrews, for a Cashier position pointing out tha~ 1n addition to
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her Publix sales experience, she had two years at :Winn-Dixie as a
i Cashier. She was told that she would have to !"prove herself"
first. She worked the Front Service Person for ab~ut four months. During this time three or four white Cashiers we ~e hired, all of
whom were white.
43 . Around August 1993, Flowers filed 3 charge of discrimination with the EEOC. Only then did PUF 1iX respond by allowing her to be a part-time Cashier, but they di~ ~ot compensate her for the lost earnings .
44. A few months later in October 1991, Flowers was
transferred back to the pack-out position in the B~kery. But again only as part-time. In approximately July or Augus~, 1994, the white
Baker whom Masi had assured her she would be promo~e~ to full-time
along with, was made full - time . In October 1994.! she asked Masi
when she would get full-time status. Masi said h+ had to talk to
the District Manager, John Reina, but never ment ~ oned it to her
again.
45. After this conversation with Masi, two ot~er Bakers, both
white, were made full-time. In January 1995, an~ ther Baker, who
again was white, was also made full-time. He had ~v~r a year less I
experience than Flowers. Then in July 1995, sti ~ l another white
Baker with less tenure received full-time status. '
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46. During her entire tenure at Publix, Flpwers was never promoted to full-time status.
47. During the last two months of 1993 a~d all of 1994,
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Flowers spent a significant amount of time assis ing the Bakers,

such that she became trained in all aspects of b k~ng. Masi was

very pleased with her work and asked her to assis ~he Bakers.

48. Beginning in July 1994, Flowers began t lling Masi that

she wanted to promote to Baker.

49. In November 1994, Flowers overheard Masi telling the

Store Manager, Andrews, and the District Manager, Reina, that he

needed more help. Masi said he wanted to promote Flowers. Reina

and Andrews insisted that Masi hire someone from the outside.

After the conversation ended, Flowers asked Masi if he talked to

Reina and Andrews about her promotion to Baker. Masi told her she

would be coming over to bake by January.

50. In January 1995, Masi told her that

she would be

available on weekends he could start her as a Baker. Flowers

adjusted her availability immediately. She started coming in on

Saturdays and spent all day training to bake. Masi told her that
, when he got a replacement for her in pack-ou ~ she would be
promoted.

51. In late January 1995, two new Bakers were hired. Both

were white. One had no experience and the other ap~eared to have

little. Flowers was taken off the schedule for her training i

however, she worked for the next month training them.

52. Flowers continued to ask Masi about promoting her to

Baker. Masi put her off by telling her he had to =irst fill her

pack-out position.

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53 " In June 1995, Masi hired yet another Baker. As before the Baker was white and appeared to have little exp~rience.
54. In September 1996, after nearly six years on the job and having never been written up or disciplined and havin~ consistently performed her job satisfactorily, Flowers was fired by her Store
Manager for allegedly having failed to punch out her time card for
a break. Ironically, the day on which Flowers w~s fired she was
not scheduled, but rather had come in to help out,i
Gaston Hazelwood
55. PLAINTIFF GASTON HAZELWOOD started work4ns for Publix as
a part-time Baker in January 1989 . In June 1989 . ~e became a full-
time Baker at store #2039 in St . Petersburg. I Later, he was
transferred to store #2027 at the Gateway Mall. No t long after
Hazelwood arrived at store #2027, his new 2d Assistar.t Manager, Jim Hussey , had a pair of new shorts on . Hazelwood askec him about the
shorts. Hussey commented, "I didn't have to chase :.he nigger too far to get them . "
56. In 1991, Hazelwood was transferred to st re #2007 in St.
Petersburg and promoted to Assistant Bakery Manage His staff was all white and resisted taking directions from a b a·:=k supervisor.
When the subject of possibly hiring more b~a.:=ks came up,
Hazelwood's Bakery Manager commented, "What do the&, want us to do?
Go up under the trees and hire them?"
57. In October 1992, he was transferred bac~ ~o #2027 . The
Bakery Manager left and as Assistant Bakery Manage~ , Hazelwood was
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put in charge. Hazelwood tried to get a black Bake~ from another Publix store transferred to work with him in the Bakery. His Store Manager, Sean Atkinson, said "I don't want that nigger in this store."
58. Starting in 1993 , Hazelwood began asking ~o be promoted to Bakery Manager. He asked Jane Pixley, Re·:Jional Bakery Supervisor, Tommy Kline, District Manager, his successor John Reina, District Manager and Sean Atkinson. He was , n~t offered any position.
59. In 1994, the Bakery Manager at Hazelwo1d>s store left. Hazelwood asked for the promotion since he had a~ready served as
Assistant Bakery Manager. This request was d~nied. A white
Assistant Bakery Manager junior to Hazelwood was lb=oU9ht in from another store.
60. In 1994 Hazelwood again asked his Distri ~ t Manager, John
Reina, for a promotion to Bakery Manager. ReinJ tol d Hazelwood that he would have to wait 6-10 years to get promo~ ec just as Reina had alluding to his not getting promoted. At this time white employees with less time at Publix were being chosen for Bakery Manager.
61. Subs equent ly, in April 1995, still stuc ~ in the position
Assistant Bakery Manager, Hazelwood was repriman~ed by his Sto re
Manager Larry Hayes, at the instance of Reina, f r allegedly not doing his work, a charge which was not true. H zelwood was out having knee surgery. Hayes told Hazelwood that i ce did not sign
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the false reprimand , Publix would take more ha fs~1. and drastic

measures against him. Real izing that they intencte4 to fire him , he
left that day. Hazelwood is now at the Police AC~demy.

Cynth ia Jones - McCa ll

62. PLAINTIFF CYNTHIA JONES-McCALL was hire4 by Publix as a

part - time Cashier in January 1986 at the Pompano . eac h store . In

July 1986, she became a full-time Cashier and Iworked in that

capacity until May 1994 when she went out on lOng lterm disability

due to an injury. She retired from Publix three !months later in

August 1994.
63. During McCall's more than eight years bf service, she received satisfactory performance evaluati ~ns, including

commendations from customers. She was not iss$ed any written

reprimands or o ther discipline.
64. During these years, McCall received fe~er increases in
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pay than similarly situated white Cashiers. On oqe occasion when
McCall asked her Store Manager, Alan Price, who i ~ ~hite, about a

pay raise. Price tol d her in no uncertain teJs that she had

gotten all she was going to get.

65. In September 1996, McCall decided to Ireapply at the !

SearsTown store on Federal Highway in Sunrise, Flor ida. The Store

t ~at Manager , Butch Florentine, who is white, told her

he would not

rehire her unless she went back to her former ~anager, Price .

Because she felt that Price had treated her ; i~ a racially

discriminatory manner, she chose not to do that eveh =hough she was

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very interested in being hired at the SearsTown sto=e.

66. Later in 1996, McCall applied to the Andrews store in

Oakland Park. The Store Manager was Flo rentine, the same man who

had been the Store Manager at SearsTown when she had applied

before. Florentine told her that she would have to ~all Lakeland.

She called Lakeland. Someone in personnel at the Corporate

Headquarters told her just go to the store in which she sought

employment and apply . Remembering what Florentir.e had said, she

contacted her former Store Manager, Price. Price told her to

contact personnel in Lakeland and added, sarcastically, "Good

luck. II Having just called Lakeland, McCall realized that she was

not going to be hired at either of these stores.

67. Then in October 1996, she also submitted ~n application

to the Sea Ranch Village store. It had been remodeled and was

hiring a substantial number of employees. She spoke with the Store

Manager and Assistant Manager, who told her they would be in touch

with her in a week. She had worked with the Assistant Manager,

Craig Prince, before .

,

68. When she did not heard anything, McCall 4ent to the store
again. Again, she was told that they would get i ~ t~uch with her.

When she still did not hear from the store, she returned and spoke

again with the Store Manager and Assistant Manager. She asked them

what she needed to do and they did not respond. She then made yet
a fourth contact, calling t he Store Manager. He ~ aid that he was

waiting for her paperwork from Lakeland.

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i 69. McCall was never contacted again and so, after four
unsuccessful contacts, three visits and one telefl":one call, she realized that Publix was not going to hire her.
Willie Jone.
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70. PLAINTIFF WILLIE JONES was hired Whil t in college by Publix July 31, 1987 as a part-time Front Ser ice Person and
subsequently resigned in January 1995.
I
71. In 1990, Jones started asking about full t time employment
in the Lakeland Warehouse Service Department. H~ was told there were no jobs. Over the next nine months, he kept ~ alling back and
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each time got the same response. After one S~C:1 call, Jones learned a white employee, his junior in tenure, had ~pplied to the
Warehouse after Jones and was hired in the Service Department. When he inquired how this had occurred, he was tol4 that he had not
pursued the opportunity hard enough.
72. Commencing in 1990, Jones also repeatedlt asked his Store Manager for a promotion to Stock Person or any! full - time job. Jones assured his Store Manager that he could work as many hours as
assigned. The 2d Assistant Manager told Jones he was "not ready yet." Despite this, Jones was allowed to stock once a week, though
I
at his job classification as Front End (bagger) a~ his lower rate
of pay.
73. From this time until his resignation ~n January 1995,
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many white employees junior to Jones were promot+d over him, and some went on t 0 store manage men t . A number of JT,' he Stock Person
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vacancies in Jo l ·~S' store were filled with new ! hires who were

s~ rvice . white, even thoJgh Jones had multiple years of

On one

such occasion i .1 1993, when a white employee was p ~o"TIoted to full-

time Stock Per~0n over Jones, Jones asked his Stor~ Manager why and

was told that it was because he was unavailable ifer more hours.
Once, again, re assured the Manager that he was ava~ lable and would

sote quit any other employment in favor of Publix.

of the whites

selected for full-time Stock Person were selected after April 1,

1993 .

74. 0 1\ information and belief, during Jonea' first six to

seven years with Publix, no b l ack person attained th: job of full-

h,iF time Stock Person or Front End Coordinator in

store . Jones

himself wcrked more than seven years as a part-t~~e Front Service

Person .

Jaya Fulton

75. PLAINTIFF JOYA FULTON went to work for publix on February
I
13, 198 ~ and is currently employed by Publix. She ! was assigned to

the Del _, rose from part-time to full-time, and aft,b r three to four
years recame Deli Manager .
As a Deli Manager. Fulton was placed in ~, t~ re #58 in Ft.
Lauderdale. a small low-volume stor e located in a P?or neighborhood

with ;m usually high percentage of black customers ,Ifer Publix. The
low "lolume controlled the bonuses for which shf was eligible.
Bonu3~s are an important part of a departmental manf 9:r.s earnings.
77. For the six years she was at store #58. ~l~on repeatedly

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Case 8:97-cv-00760-JDW Document 1 Filed 04/03/97 Page 21 of 44
asked for a transfer to a higher volume store . Numerous white Deli Managers who were junior to her at Publix were promoted to the larger volume stores which allowed them to sUbsta~tiallY increase their earnings.
78. After six years at store #58, Fulton wa$ transferred to store #140 in Ft. Lauderdale. However, store #14 ? was also a low volume store and is in fact going out of business ~
79 . Being unsuccessful at getting assigned to a high volume store, in 1996, Fulton asked for a demotion to! Assistant Deli Manager at a larger store hoping that she could t*en rise to Deli Manager in a large store. Her supervisor and ter merchandiser denied her request for a transfer . Instead, after 12 years of service to Publix, she was involuntarily demoted to a Deli Clerk at store #70, a high volume store. She was also expected to help out at another store, #166, because she was so experienced.
80. Having been demoted to Deli Clerk, Fulton was then told that she was not eligible for any further pay increases because she was at the top of the pay scale for that position . This was not true. Other Deli Clerks who had never served in lDeli management and were junior to her were making more than she. I
Laswanya Jack. on 81 . PLAINTIFF LASWANYA JACKSON went to work for Publix as a part-time Cashier in April, 1988, and resigned in November, 1996. At the time she was hired, Jackson requested rull - time and continued to do so through her employment in Floripa. White part-
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Case 8:97-cv-00760-JDW Document 1 Filed 04/03/97 Page 22 of 44

time Cashiers junior to her were promoted to full-time over her.

She moved to part-time Deli Worker to make more money. On a number

of occasions, she inquired about the possibility ,o~ =raining for a

management position.

She was told she woul~ be given the

opportunity to work in various positions in ord~ r to train for

~ade promotionj however, the opportunities were never

available.

I
82 . In 1994, Jackson was still part-time . s~e and her mother

who were both working for Publix were told by mana$, ement officials that with a group of stores opening in the Atla~ ta area, there

would be more opportunities for advancement. !, Eased on this
representation she and her mother moved from sout ~ Florida to the

Atlanta area in August, 1994.
83. Despite the promise of improved employmen~ opportunities,

Publix started Jackson in Atlanta store #494 las a part-time

Cashier. It took approximately five months beforei she was given a
full-time Cashier position. She was the only blac ~ e~ployee of the
:
five Cashiers in the back office of store #494. shb ·....as ostracized

by the white employees in the back office.
I
84. A full-time white back office Cashier,!, who was being
trained to do payroll came to Jackson and said t~at if she were
I
Jackson she would not would not be doing the job .: Jackson asked

why. The Cashier said that it was because JaCkso+ was being paid

so little . She showed Jackson the payroll records .! All four white

full-time Cashiers in the back room were making ! the maximum or I
close to the maximum which was approximately $10. $0 per hour. By

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Case 8:97-cv-00760-JDW Document 1 Filed 04/03/97 Page 23 of 44
'-' .,,
comparison, Jackson was earning $7.50 per hour ~ven though her
Publix tenure was longer than most or all of the +ther four fulltime Cashiers in the back room.
85. During her tenure in store #494, JaCkSo+ overheard a 2d Assistant Manager inquire of her Store Manager, Lonnie Pepelu, who is white, whether he wanted to hire two persons whos~ applications he had taken. Pepelu inquired whether they were b:ack or white. The 2d Assistant said they were black. Pepelu said that he would
not hire them because he had hired all the blacks !he was going to
hire.
86. Around Fall 1995, Jackson transferred ~o store #269 to
work in the back office . Before she transferred, Jackson got the Store Manager's agreement that she would work no more than two nights per week because of her child care responsibilities. When she got there, she found that junior white back of=ice employees were given shifts with no night work. There were en~ugh employees in the back office that there was no need for anyone to work more than one night per week. After being assigned more night hours, Jackson started getting pressured from her 2d Assistant Manager and Grocery Manager, both of whom are white, to change to part-time employment.
87. In Spring 1996, Jackson was able to transfer to store #560, which had just opened, as a back office cas~ier. All the other back office cashiers were white . Her Store M~nager, Janice Hargrave, who is also white, agreed that Jackson would only work
23

Case 8:97-cv-00760-JDW Document 1 Filed 04/03/97 Page 24 of 44
,-,,' ,

two nights a week. However, as before, approximately one month

later Jackson was being req~ired to work more nights. Her managers

apologized, but continued to increase her night worK. Because of

the increased night work and the failing health cf her mother,

Jackson had to take a two week leave of absence with the

understanding that she would have her job when she returned.

However, when she returned, she was told she had to work as a

cashier.
88 . Realizing that she would encounf e~ the same discriminatory treatment at whichever store she WO ~ked in Atlanta,

Jackson resigned in November, 1996.

89. During her tenure at Publix in Georgia, Jackson also

inquired about management training opportunities

One Store

Manager said that he would provide her with manageme~t training but

never did. Another told her there was no such thing as training

opportunities in stores.

David !tee

90. PLAINTIFF DAVID KEE went to work for ?ublix at the

Grocery Shipping Warehouse in Jacksonville in April 1988. Prior to

going to the warehouse he had worked for the State ·::Jf Florida for

four years as an eligibility worker . At the time h~ was hired he

had a bachelor's degree in psychology from Bethune ~o~kman College.

During the time he was employed at the warehouse he earned his

masters degree in psycho l ogy from Jacksonville The~logical in May,

1996,

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Case 8:97-cv-00760-JDW Document 1 Filed 04/03/97 Page 25 of 44
.......,',,

91. Kee's first job at the warehouse was cleanup. However

shortly after arriving, he began asking about management positions

in retail and the warehouse. In particular he asked Jim Bohannan,

the head of Human Resources for the Jacksonville Division .

Bohannan and the others he asked repeatedly told hirr. there were no

vacancies and falsely assured him that they would l~t him know if

anything came up. They made it impossible for Kee t~ know whether

what he was being told was true because they would Inet show him any

announcements. The only jobs he was told about (were other blue

collar jobs in the warehouse.

92 . After about six months he was promoted to Dock worker.

Approximately two months later he became a Loader ar then in 1990

became a Selector.

I

selec ~ o 93. After four and a half years as a

, he became a

Forklift Operator, but onl y after having many junior white

employees pass him by to the Forklift job on the basis of their

race.

94. As a Forklift Operator, Kee was writte~ up a number of

times, though he always performed his job well. He was being

written up because the management was hostile to him as a black man

seeking management jobs. During the time he held the Forklift

Operator job, Publix discriminatorily denied him the appropriate

amount of help in his job. They discriminatoril y gave him less

desirable hours.

,
I

95 . Around Summer 1993, Kee applied for the Pp Si tion of Human

2S

I I

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Case 8:97-cv-00760-JDW Document 1 Filed 04/03/97 P,age 26 of 44
""" ,iI,

Relations Specialist. There were nine vacancies. All of the

positions were filled by whites, except one. Kee's credentials

were superior to all or most of the successful appl~cants.

96. In early 1996, Kee again applied for a white-collar

position in the warehouse which involved helping set up a computer

system for the warehouse. Kee had more formal

than the

white person who was chosen.

97. Although he repeatedly requested managem2:nt and white

collar jobs from 1988 until 1996, the Human Relations Specialist

and computer vacancies described above are the only two specific

jobs which were ever made known to Kee so he could specifically

apply for them.

98. Unable to promote into a position in keeping with his

training and education, Kee retired on September 13. 1996. If he

had held a better job, he would not have retired. Ke: is currently

the Manager of Diversified Records Services and supervises 30

employees. employees.

He is in the process of training af additional 60
, ,

Byron Williams

99. PLAINTIFF BYRON WILLIAMS graduated from the United States

Naval Academy at Annapolis. He served nine years on active duty.

His responsibilities included being Comptroller for a $45 million

budget on the U.S.S. Saratoga. Prior to that assignment he was the

Material Stores Officer responsible for control of 44 storerooms

with over 100,000 line items valued in excess of $200,000 million.

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Case 8:97-cv-00760-JDW Document 1 Filed 04/03/97 Page 27 of 44
~ ,!
Williams wanted a career at Publix in management 0 finance because he had heard that it was a good company to work f r and felt that it would work well with his Naval experience n material and financial management.
100. In August 1994, Williams resigned from active Naval service, assumed a reserve commission and bega~ residing in Jacksonville. In November 1994, he called Jim Bohanr.an having been told by his mother-in-law, Althemese Barnes, that Bohannan was a person to call about a job at Publix. Bohannan had been the head of Human Resources at the Jacksonville Division of Publix. Mrs. Barnes was known to Bohannan as a black woman.
101. Williams talked to Bohannan and described his naval experience, including his warehousing experience as Comptroller (stock control officer) and material officer en the U.S.S. Saratoga. Bohannan told Williams to apply by bringing his resume to the Division Headquarters on Interstate 10 west of Jacksonville and fill out an application there. Bohannan also said he was no longer head of Human Resources and gave him the name of the new head. Williams spoke with the new head and told him of his background in the Navy. He told Williams that Publix usually hired from within but, as Bohannan said, told Williams to bring his resume out and fill out an applications.
102. A couple of days later, Williams drov to out to the Division Headquarters during business hours and x~lained to the security guard that he had been asked by Human R s ·:mrces to drop
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Case 8:97-cv-00760-JDW Document 1 Filed 04/03/97 Pa, ge 28 of 44
vi
off his resume and fill out an application. The security guard refused to let him pass. The guard said that he called Human Resources but that neither Bohannan nor his successor were in. The guard took the resume and said he would it to Human Resources.
103. The next day Williams followed up by calli~g Bohannan to check on his resume. Bohannan said that he had not received the resume, but that, in any event, Publix only hired management from the inside. This was inconsistent with Bohann~n's previous statement which had led Williams to bring his resume to the Division headquarters. Bohannan then suggested that Williams look
for management opportunities at Publix retr il stores in
Jacksonville.
I
104. Shortly thereafter, Williams applied to twc Publix stores in Jacksonville. He met with the Store Managers in each store, both of whom were white. He described his high level experience and show them his resume which included, among other things, his naval experience in food service, inventory and purchasing. To deter and discourage him from applying both managers told Williams that he would have to start as a part-time Stocker and that it wou ld probably take two years for him to get full-time as a Stocker. Williams then realized there would be no management opportunities for him at Publix.
105. Williams is currently Director of Purchaeir.g for the Leon County School Board with annual purchases of $40-50 million dollars.
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Filed 04/03/97 Page 29 of 44 Vi I
i

Victor Itee

106. PLAINTIFF VICTOR KEE was hired by Publix i~ February 1988

at the Jacksonville Warehouse as a Cleanup . He was the only black

in the group of approximately nine or ten persons hired on the same

day. The group tested on the Motor Driver job and was told that

their seniority would be determined by the order of =heir punching

in after the test. Kee finished first and punched in first .

107 . After 90 days, Kee bid on a Trash Compactor job, but it

went to Andrew Stevenson, who is white and was among the group in

which Kee was hired. Kee's Superintendent, Steve Starling,

explained that Stevenson got the job because of his seniority

which, he said, was based on alphabetical order. Kee responded

that he would still come before Stevenson. Starling promised to

IIcheck into the matter. II Starling never got back ~o Kee, so Kee

inquired again. This time Starling said that the Itgenioritylt was

based on the order in which the secretary had written the group's

names down. Starling quashed any further inquiry, stating that

nothing could be done about it.

108. A few months later, a Hauler job opened ~n Fresh Pack.

Kee lost the job to three white employees, each his junior. Again

he complained to his Supervisor, Frank Young. Ccntrary to the

seniority system in the Warehouse, Young said that the three white

l employees got the job because they asked for it oefore it was
posted, which was also contrary to the rules.

109. Kee received good performance evaluationr and raises and

29

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I
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Case 8:97-cv-00760-JDW Document 1 Filed 04/03/97 P,age 30 of 44
-../ I'

was finally promoted to Catcher approximately seven ~onths later.

110. After being passed over in favor of Stevenson for an

earlier vacancy, in approximately 1990-91 , Kee was fi~ally promoted

to Loader in the Dairy Department. However, because of his race,

he received the least desirable job assignments, in particular

unloading the earliest arriving trucks with the IJ rgest loads. 111. During Kee's stint in the Dairy Depart e~t, he was the

only black employee in his part of the departmen. Joe Moore, a

white co-worker, often made racist remarks in front of Kee, the

other employees and the Supervisor, Jim Lohman. Lohm3.n would laugh

at Moore's remarks and would not correct him. Lohman often made

his own racist remarks in front of the employees. : :n addition to

Moore and Logan, Kee's other white co-workers told "nigger jokes"

about how they "liked to hang niggers up . II Kee' s com:;>laints to his

supervisor, Donnie Wilkerson, were dismissed as K4 e.s just taking

it wrong. Nothing was done to change the behavioJ of Kee's white
!
co-workers . The "jokes" continued.

112. In late 1992 Kee was promoted to Selector in Dairy . All

the black employees in day selections except for Kee were assigned

to Freezer which was considered the least desiracle assignment

base ~ because of the cold. These assignments were

on race.

113 . The racially hostile work environment c~~tinued and in

1993 a white co-worker addressed Kee as "nigger." Kee, again,

complained to Wilkerson. Wilkerson called in the ,white co-worker
and they both laughed about Kee's complaint. Ke ~ complained to

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Case 8:97-cv-00760-JDW Document 1

Filed 04/03/97 Page 31 of 44
I
v ,i
I
!

Steve Starling, Wilkerson's boss, but again nothJ.ng was done.

Starling was the third ranked supervisor in the ent~re Warehouse.

The racial hostility got worse.

114. In 1994, Kee again complained

environment to

Starling. As a result he began to suffer rassment. In

particular, getting the worst job assignments and c n~inually being

denied breaks. The harassment from supervisors as greeted with

laughter by his co-workers.

115. In 1995, Kee was injured when a white co-worker ran over

his leg with a cart bearing approximately 1200 pounds. Although

all other selectors had been allowed to go home, Kee had been

ordered to help the Loaders at the time. The wt:ite employees

laughed and said he was faking.

116. Kee's doctor diagnosed that his foot was broken, removed

cartilage from Kee's leg and put his foot it in a cast. He was put

on bed rest for six weeks but was ordered to call th= warehouse at

4:00 a.m. every morning just as harassment. Kee returned to work

on crutches and under his doctor's orders not to stand, walk or

lift. Starling told him to work in the office. Then, the next day

Wilkerson told him he could not work in the office. Kee went to

Starling, who told him to call Wilkerson. When he called, Lohman

answered. Kee told Lohman t hat Starling had ordered him to work in

the office. Lohman repeated this to Supervisor Wilkerson. Kee

then overheard Wilkerson say, lIWhat does that blj Ck motherfucker

think he's going to do?

Sit in this office all d r y with his foot

31

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! ,

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Case 8:97-cv-00760-JDW Document 1 Filed 04/03/97 Pa, ge 32 of 44
~1
!
propped up?" Kee was shocked and started crying. r e told Starling what he had just heard.
117. Starling called Wilkerson to his office and Wilkerson admitted that he had said the words. Kee asked for a~ apology, but Starling told him to leave the room. Wilkerson di~ not apologize . Later, Wilkerson called Kee into his office and asked Kee angrily why he had told Starling about what he heard. Wilke~son still did not apologize.
118. The next day. despite his doctor ' s orders, Kee was not assigned to the office but to the back: dock . His new job was packing pallets for which he was not trained. Contrary to his doctor's orders, Kee was ordered to use a small forklift. During this time he had to take physical therapy for his ankle.
119. The doctor took off the cast and discoverej that Kee had bone chips which was a more serious injury than he had first diagnosed. He put a new cast on.
120. After several days, Kee went back to work and was forced to endure a harassing succession of job changes. First, his pay was cut and he was put on the dock scanning, even though Scanners are normally paid more than Selectors. Next, he was switched to the job of Checker. Then, he was assigned to sCj atching numbers off of the rack and relabeling them. Finally, he +a3 made to pick up garbage. Each of these jobs required standing a r d walking which were against his doctor's orders.
121. In hopes of ending the harassment, Kee ~ sked his doctor
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vi Case 8:97-cv-00760-JDW Document 1 Filed 04/03/97 Page 33 of 44 ,
to allow him to resume his job as Selector. His doctor would not.
122. Wilkerson left the Dairy Department. On Wilkerson's last day in the Dairy Department he admitted to much of his racist behavior. Wilkerson's replacement was Ron Ramsey, who is white. Ramsey continued the harassment, despite Kee's complaints to
Starling. 123. Around this time, Kee was told that, while he was at home
on medical leave, he had been given a certain job. ihe purpose of this was to ensure that the senior bidder, a black wcman, would not be the senior bidder. Kee had not bid on the job because he was at home.
124. Starling called Kee to a meeting with Lohman, Ramsey, and
Bob Clayton, who is white and the number two person in the
Warehouse over Starling. Clayton gave him a piece of paper to sign, which said that Kee bid on the job. Kee refused. Clayton said that if Kee would not sign the false statement, he would be fired. Kee pointed out to Clayton that the day ~e was allegedly given the job, he was not even at work. Clayton insisted that Kee sign and, needing his job, Kee signed the false sta=ement.
125. Ultimately, Kee reassumed his duties as a Selector even though his foot was still not healed. He reinjured tis foot. They sent him to a specialist doctor.
126. In 1996 he injured his back and the h<=.rassment grew worse. His new Superintendent Glenn Beck, who took Starling's job, said that he thought that Kee was faking his ba::k injury and
33

Case 8:97-cv-00760-JDW Document 1 Filed 04/03/97 Page 34 of 44

refused to act in accordance with the medical doctor's orders. He

continually harassed Kee, requiring him, for example, to sweep with

a push broom even though there is a riding sweeper for that

function. This put Kee back in the hospital. Finclly, he could

endure no more harassment and Kee resigned in April. 1996.

Andrew Lovett

127. PLAINTIFF ANDREW LOVETT was hired by Publ~x on March 5,

1974, in the Jacksonville Warehouse, as a Warehouseman. Lovett was

the first black hired in the Jacksonville Warehouse, though one

black employee had transferred from the Lakeland wa~ehouse before

he arrived.

128. In 1986, he was passed over for Receiving Supervisor in

favor of John Corliss, who is white and who had less ~xperience and

seniority. Lovett had trained Corliss to be a Receiving Clerk when

promot~d Corliss first came to the Receiving Dock. 129. In approximately 1987 he was

to Shipping

Foreman.

i

130. In 1988 a Produce Warehouse was opened. P~blix provided

no opportunity for Lovett to apply for the new manage~ent positions

for the Produce Warehouse. The management team that was selected,

consisting of approximatel y six to eight supervisors, was all

white. Lovett was senior to each of them. Most of those chosen

had been Truck Drivers and had to be trained in ware~ouse shipping

and receiving skills, whereas Lovett had been in the warehouse for

12 years.

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Case 8:97-cv-00760-JDW Document 1

V! Filed 04/03/97 Pa!ge 35 of 44
I

131 . Many of these new managers failed at their jobs and

resumed driving trucks . Lovett was also passed over for all the

vacancies created by this turnover during the first two years of

the new Produce Warehouse.
132 . In approximately 1989, Lovett was involuntarily transferred to the lateral position of Foreman in the Stock Control

Department of the Grocery Warehouse. He asked his Supervisor, Glenn Beck, who is white, for the personnel and equipment necessary

to do a good job. They were denied. When he left the position,

his successor Lance Rossier, who is white, was gi~en additional

personnel and equipment.

133. In approximately 1990 Lovett was passed over for Shipping

Supervisor. The position was given to Mark Shaia, whJ is white and

who was less experienced .

134. In 1990 John Corliss, who had some four years earlier

been promoted over Lovett, left the position of Receiving

Supervisor . Again, Lovett was passed over for that position in

favor of Robbie KilIan, who is white .

135. In 1992, Lovett took a demotion to Assistant Foreman in

the Receiving Department because of the h .arassment by Superintendent Glenn Beck . Beck did not understand the job of

Foreman in stock Control and ordered Lovett to do things that did
not make sense. Beck often threatened Lovett's j ~b .

136. In 1993 Lovett moved laterally ta l the Recycling

Department as Assistant Foreman to escape from th , supervision on

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Case 8:97-cv-00760-JDW Document 1 Filed 04/03/97 Page 36 of 44

Glenn Beck. His Supervisor, Randy Johnson, who is ~hite, did not

adequately inform him as to his responsibilities and then gave him

a bad evaluation for not performing the duties of the job.

137. In 1994, a new warehouse was opened up in Orlando.

Several Foreman and Assistant Foremen were offered t~e opportunity

to transfer and promote to Orlando. Lovett was interested in these

opportunities but was neither invited nor had notice of the jobs I
until after they were filled.

138. As a result of the transfers to orlandJ , approximately

three Foreman jobs opened up in Jacksonville in the Perishable

Warehouse. Again, Lovett desired to transfer to a Foreman position

invit ~d in the Perishable Warehouse, but was neither

nor had notice

of them until after they were filled. those who received the jobs.

Lovett w1 s senior to all
I

139. Lovett resigned in March 1994 bt cause of the ,
discrimination he was suffering.

Madeline Riley

140. PLAINTIFF MADELINE RILEY went to work. for Publix on

November 5, 1974 in the Bak.ery Plant on the production line. After

about three years she was promoted to Line Leader, the first level

of supervision. She served as Line Leader for ap?roximately 13

years.

141. In approximately 1993, Riley was demot d and told that

she was not qualified to be a Line Leader. The rr.otion cost her

more than $2.00 per hour. The claim that Riley wa Lnqualified was

36

,-, I Case 8:97-cv-00760-JDW Document 1 Filed 04/03/97 Page 37 of 44 , i
merely a pretext for a racially motivated demotion. A white woman took her position.
142. Riley remained interested in re-promoting for the rest of her career until the retired on January 27, 1996. She was never offered the opportunity to reassume the job title =rom which she was wrongfully demoted.
Sherria Campbell 143. PLAINTIFF SHERRIA CAMPBELL began working for Puhlix in November 1991 in the Fresh Pack area of the Miami Warehouse as a temporary employee of a labor agency. She worked as a Packer. After 90 days she was made a permanent Publix e:nployee. The employees of the department were predominantly black. The Miami Warehouse was in a predominantly black neighborhood. 144. In Summer 1992, Publix relocated the Fresh Pack Department to Deerfield Beach into a predom~nantly white neighborhood. Despite the fact that she had to com~ute more than 80 miles round trip, Campbell continued at her job Publix told the Fresh Pack employees that there would be more opportunities in Deerfield. 145. In early 1993 there were rumors that Fresh Pack was going to be dismantled and would no longer exist. 146. Soon thereafter Campbell was assigned to the Cafeteria which offered more opportunity because it was not rumored to be phased out. She was doing a good job. However, soon she was replaced by a white woman with no explanation given to her. The
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Case 8:97-cv-00760-JDW Document 1 Filed 04/03/97 Page 38 of 44
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i

Freih white woman had previously been assigned to

!
Pack just as

Campbell had been.

147. In March 1993 Publix officially announcer that the Fresh

Pack Department was being phased out in two weeks. ~he department

was still predominantly black . Shortly after the announcement,

Campbell's supervisor called her and approximately f~ur of her co-

workers, all of whom were black, in to his office and told them

t they had to find work at the retail stores. Duri 9 this meeting,
he repeated referred to them as "you people" whi h they felt was

disrespectful of them as b l ack persons.

,

I 148. Contrary to the official announcement, the Fresh Pack

Department was not in fact phased out but remained in operation.

Established employees of Fresh Pack, such as Campbell, saw new

employees being brought in to Fresh Pack before the established
Fresh Pack employee jobs were all terminated. on l i~formation and

belief, its racial composition changed dramaticallr to a primarily

white department.

149 . Campbell and other Fresh Pack employees were told that

they had to either resign or find their own positions in the retail

stores. However, if they did not resign, they halto be processed

as new employees in that they had to fill out a e "1l application"

Most Fresh Pack employees who did secure retail o3itions took a

pay decrease.

I

150. Campbell with no help from Publ ix secu red a position as

a Deli worker at a store in North Miami Beach. Ho~ever, she was

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Case 8:97-cv-00760-JDW Document 1 Filed 04/03/97 Page 39 of 44
only given 12-20 hour s per week compared to her previous 30-35 hours in the Fres h Pack Department at the Miami Warehouse. In the Warehouse, employees were allowed to observe Sunday as the Sabbath. This was not true in Campbel l 's new j ob in the De l i Department . She often stressed to the Deli Manager, who was b:ack, that she desired to honor the Sabbath on Sunday. The Deli Manager generally agreed with this request but was overruled by the Assistant De l i Manager, who was white. Most of the time, he would schedule her on Sunday even though she was only getting 12-20 hours per week.
151. Campbell resigned her employment in July 1993 . Charles Jack.on
152. PLAINTIFF CHARLES JACKSON went to work for Publix in 1986 in Jupiter , Florida, a n d is currently employed by P~blix. He held the positions of part-time Front End Service Person, part-time Stocker, and part-time Produce Clerk . In 1992, Jackson asked for and was given a leave of absence to attend col l ese and in 1994 received his Associate of Arts degree in auto/diesel technol ogy.
153. In 1994, Jackson recommenced working with Publix in Atlanta as a part-time Front End Service Person and then approximately three months later moved to part-time Produce Clerk. In 1994, he also obtained full-time employment with Greyhound as a diesel mechanic for approximately $14 per hour . He maintained his part-time job with Publix as a second job .
154 . In early 1995, Jackson applied to Publix's Atlanta Division truck garage as a mechanic. His applicaticn for mechanic
39

Case 8:97-cv-00760-JDW Document 1 Filed 04/03/97 Page 40 of 44

was summarily rejected at that time and he was to d that the best

job he could be offered was $7 per hour washing tucks, which was

less than he was making as a part-time Produce Cle k. He was told

that he would have to "work his way up" and that "9 niority was the

only thing that counted." He refused the job.

155. In April 1995, the Dairy Plant opened t the Warehouse

facility. Jackson was offered the position of B1 wnold Operator,

which paid $10.55 per hour, materially less than hi Greyhound job.

He was told that while he would have to start at he lower paying

Operator's job, he could "soon" be moving int a maintenance

mechanic position because of his education and ex e=ience. Based

on this promise, he relinquished his j ob with G eyhound to work

full - time for Publix.

156. Since that time, Jackson has applied for six maintenance

mechanic vacancies. He has been interviewed for

All six

positions have been given to white employees. Jac

superior

formal mechanical, electrical and electronic

actual

experience, and Publix tenure to most, if not a]l~ of those who

were given the jobs.

I

157. On each occasion he had been interviewe by six or seven

persons. Two members of the interview team told him that he was

more technically qualified than the white person selected for two

of the jobs. A third member of the interview t a~ told Jackson

that he believed Jackson should have gotten the job and that he

could not understand the outcome of the process an would no longer

40

- - - - - - - - - - - - ------ ---
Case 8:97-cv-00760-JDW Document 1 Filed 04/03/97 Page 41 of 44

participate in the process.

I

I

158. In late March 1997, Jackson was told by a night

sanitation maintenance employee who was part of Jackson's interview

team, that the reason Jackson did not receive a recent vacancy was because the white employee selected, who had bee j ~ith Publix no

more than nine months, was currently enrolled in chaol. Jackson

by contrast had completed his education and had J iSht years with

Publix.

l

Count I

42 U.S.C. § 1981

I

159. Plaintiffs incorporate paragraphs 1 through 158.

160. The foregoing conduct of Publix violat s the rights of

the Plaintiffs and the class to make and enforce ootracts and to

the full and equal benefit of all laws and proceedings as enjoyed

. .
by white c~t~zens under 42 U.S.C § 1981.

I ,
i

161. The foregoing conduct of Publix is l and has been

continuing in nature.
rI 162. As a consequence of the foregoing conduc .=he Plaintiffs
and the class members have suffered lost wages and other employment

benefits, mental pain and anguish, loss of enjoynent of life,

humiliation, embarrassment, inconvenience and hurt.

163. Publix has engaged in the foregoing condu=t maliciously

and in reckless disregard of the rights of the Plai~tiffs and the

class members and should be punished to deter futur~ violations.

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Case 8:97-cv-00760-JDW Document 1 Filed 04/03/97 Page 42 of 44
Count II Title VII. 42 U.S.C. § 2000e et seg. 164. Plaintiffs incorporate paragraphs 1 throu~h 158. 165. The foregoing conduct of Publix violates the rights of the Plaintiffs and the class to be free of discrimination on account of race under Title VII of the Civil Rights hct of 1964, as amended, 42 U.S.C § 2000e et seq. 166. The foregoing conduct of Publix is ~nd has been continuing in nature. 167. As a consequence of the foregoing conduct the Plaintiffs and the class members have suffered lost wages and other employment benefits, mental pain and anguish, loss of enjoyment of life, humiliation, embarrassment, inconvenience and hur~. 168. Publix has engaged in the foregoing condu~t maliciously and in reckless disregard of the rights of the Plaintiffs and the class members and should be punished to deter futur~ violations.
Count III Chapter 760. Florida Statutes 169. Plaintiffs incorporate paragraphs 1 throu~h 158. 170. The foregoing conduct of Publix violates the rights of the Plaintiffs and the class to be free of discrimination on account of race under the Florida Human Rights Act of 1992, Chapter 760, Florida Statutes. 171. The foregoing conduct of Publix is ~nd has been continuing in nature.
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Case 8:97-cv-00760-JDW Document 1 Filed 04/03/97 Page 43 of 44
172. As a consequence of the foregoing conduct the Plaintiffs and the class members have suffered lost wages and other employment benefits, mental pain and anguish, loss of enjoynent of life, humiliation, embarrassment, inconvenience and hurt.
173. Publix has engaged in the foregoing conduct maliciously and in reckless disregard of the rights of the Plaintiffs and the class members and should be punished to deter future violations.
JURy TRIAL DEMAND Trial by jury is demanded on all issues so triable in accordance with Fed.R.Civ.P. 38.
RBLIBF REQUESTED Plaintiffs request that this Court: a. Assume jurisdiction over this case; b. Allow appropriate discovery; c. Certify the class as pleaded and cesignate the undersigned counsel as class counsel; d. Try Stage I pattern and practice liability issues to a jury and award punitive damages in accordance \l,;ith the jury verdict; e. Order appropriate declaratory and injunctive relief in accordance with the jury verdict; f. Try Stage II proceedings before one or more juries, and award back pay, front pay, benefits, and compensatory damages in accordance with jury verdicts; g. Award prejudgment interest;
43

Case 8:97-cv-00760-JDW Document 1 Filed 04/03/97 Page 44 of 44
h. Award costs and attorneys fees to the Plaintiffs; and i. Order such other relief as is equitable and just.
,
I
KE
Fla. Bar (Trial Couns 1) JOlIN C. DAVIS Fla. Bar No. Oe2~770 (Trial Counsel) Spriggs & Johnson
324 w. College A~enue
Tallahassee, FL 32301
(904) 224-8700 (904) 224-8836 (fax)
Counsel for Plaintiffs
44

 </s> - .- .

Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 1 of 83

IN THE UNITED STATES DISTRICT COtm.~U'II 10: 32

FOR THE MIDDLE DISTRICT OF FLORJRA .

TAMPA DIVISION

at MIDORK DisTiliei f COM~l

TAMPA. fLORIDA

LEMUEL MIDDLETON, et at, )

)

Plaintiffs,

)

)

v.

)

)

PUBLIX SUPER MARKETS, INC., )

)

Defendant.

)

)

CASE NO. 8:97-cv-760-T-27E CLASS ACTION

CONSENT DECREE

-,-- ,-~

Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 2 of 83
TABLE OF CONTENTS I. INTRODUCTION ......... .......... ........... ..................................... ..... .. .. 1 II. PURPOSES OF THE CONSENT DECREE ..................................... 1
m. DEFINITIONS .......................................... ............... ........................ 2
IV. LITIGATION BACKGROUND ....................................................... 7 V. JURISDICTION ................................................................ ..... .........12 VI. EFFECTIVE DATES AND DURATION OF CONSENT
DECREE ............................... ............................................... ........... 13 VII. SETTLEMENT CLASS .................................................................. 13
vrn. RELEASE OF CLAIMS ............................................................. ..... 15
A. Release of Claims by Class Representatives and Settlement Class............................ .........................................15 I. Scope of Judicial Release.......................................... ...15 2. Release of Claims by Class Representatives and Testing Class Representative. .................... .. .............. .. 16
IX. MISCELLANEOUS PROVISIONS ................................................ 18 A. Calculation of Time......................................................... ...... 18
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B. No Admission of Liability..................................................... 18 C. Modification and Severability of the Consent Decree... .........19 D. Duty to Support and Defend the Decree.................................20 X. ENFORCEMENT PROVISIONS ....................................................20 A. Dispute Resolution Procedures.......................... ....................20 B. Standard for Judicial Enforcement by Contempt. ...................24 XI. JOB SELECTION PROCEDURES .................................................25 A. Registration of Interest for Selecting Retail Supermarket
Store Management. .. .... ............. ................. .. ..........................25 B. Selection Standards and Minimum QuaJifications..................27 C. Goals.....................................................................................28
I. General Principles................................... .....................28 2. Goal Reporting Requirements. .....................................3 3 D. Above-Store-Level Positions.................................................35 E. Supplemental Selections................. .......................................35
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Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 4 of 83
F. Testing Provisions.................................. ................................36 I. Assistant Department Manager and Department Manager .......................................................................36 2. Assistant Store Manager and Store Manager................37
XII. DISCHARGE REVIEW PROCESS ................................................41
xm. REPORTING AND RECORDKEEPING ........................................46
A. Reporting Schedule................................................................46 B. Contents of the Semi-Annual Progress Reports......................46 C. Access to Documents.............................................................48 D. Addresses for Reporting.........................................................49 XIV. MONETARY AWARDSPROCEDURE.........................................49 A. Monetary Awards to Settlement Class Members................... .49 B. Allocation of Formula Promotion Payments Pool to
Individual Monetary Awards.................................................50 C. Allocation of Formula Discharge Payments Pool to
Individual Monetary Awards................................................. 53
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Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 5 of 83
D. Individual Allocations to the Class Representatives and the Testing Class Representative................................ ............63
E. Individual Allocations to Class Member Deponents............. ..63 F. Recipients' Responsibilities...................................................64 G. Awards Arbitrator..................................................................64 H. Allocation of Monetary Awards. ............................................65 I. Distribution of Uncasbed Awards.. ........................................66 J. Opt-Out Credits.....................................................................67 K. Costs of Decree Administration.............................................68
xv. ATTORNEYS' FEES, COSTS AND EXPENSES ..........................69
A. Basis for Award of Fees, Costs and Expenses........................69 B. Payment of Award.................................................................71
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Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 6 of 83
I. IN1RODUCTION This Consent Decree has been voluntarily entered into by the parties
engaged in this litigation, and has been submitted to the United States District Court for approval. This Decree finally resolves the litigation now pending between the parties.
This Consent Decree includes ajoint statement ofthe purposes of the Decree, a description of the history of the litigation, and various substantive provisions agreed upon by the parties. II. PURPOSES OF THE CONSENT DECREE
The parties have entered into this Consent Decree for the following purposes:
A. To resolve all disputes covered by this Consent Decree in such a way as to avoid further expensive and protracted litigation;
B. To ensure equal employment opportunity for black associates working within Publix's retail supermarket stores;
C. To establish a discharge review system to ensure that black associates have an opportunity to have discharges reviewed by Publix's Human Resources Department, and the option to submit claims of alleged race discrimination arising from such decisions to mediation.
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Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 7 of 83
D. To create an expedited procedure for distributing a monetary settlement to eligible members of the Settlement Class and for implementing equitable relief pursuant to the terms of this Decree; and
E. To provide finality to the resolution of all claims and defenses asserted in this action.
ID . DEFINITIONS The following terms when used in this Decree, in addition to the terms
defined elsewhere in the Decree, shall have the following meanings: A. "Approval Date" means the date upon which the Court signs
this Decree, after having determined that it is fair, adequate and reasonable to the Class as a whole, after: (i) notice to the Class, (ii) an opportunity to opt out of the Settlement Class with respect to monetary relief, (iii) an opportunity to submit timely objections to the Decree, (iv) appropriate discovery of the specifics of any such timely objections, and (v) a hearing on the fairness of the settlement.
B. "Best Efforts" means implementing a plan reasonably designed to comply with the specified objectives to which the best efforts are directed.
2

Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 8 of 83
C. "Class Counsel" means Kent Spriggs and John C. Davis of Spriggs & Davis, P.A., in Tallahassee, Florida.
D. "Class Representatives" means Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazlewood, Cynthia Jones-McCall, Willie Jones, and Joya Fulton, who were certified by the Court to represent the class pursuant to Fed. R. Civ. P. 23.
E. "Court" means the United States District Court for the Middle District of Florida, Tampa Division.
F. "Eligible Associates" means those associates who have registered their interest for the pertinent management job pursuant to the Registration of Interest procedures referred to in Section XI.A of the Decree, and have been determined to meet the Minimum Qualifications for that job established and maintained by Publix. In accordance with official usage at Publix, hourly and managerial employees are referred to as "associates" throughout this Decree.
G. "Final Approval"means the signing of this Decree on the Approval Date by the United States District Court for the Middle District of Florida, and either: (1) the expiration of the time for filing of a direct appeal from the Court's approval of the Decree without the filing ofa notice of
3

Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 9 of 83
appeal, or (2) if a timely direct appeal is filed, the final resolution of that
appeal (including any requests for rehearing andlor petitions for certiorari),
resulting in final judicial approval of the Consent Decree.
H. "Final Approval Date" is the date upon which Final Approval
of this Decree is attained.
1. "Goal Positions" means the following retail supermarket store positions, as to which the current job code number is stated in parentheses:
Store Manager (101) Assistant Store Manager (102) Grocery Manager (122) Assistant Grocery Manager (123) Common Area Manager (121) Assistant Common Area Manager (124) Produce Manager (140) Assistant Produce Manager (141) Meat Manager (150) Assistant Meat Manager (151) Bakery Manager (170) Assistant Bakery Manager (171 ) Deli Manager (152) Assistant Deli Manager (160)
"Goal Positions" will also include any new management job classifications
Publix institutes on a regular (rather than pilot program) basis in its retail
supermarket stores during the Term of this Consent Decree, excluding those
in the Pharmacy Department.
J. "Liability Period" means the period:
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Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 10 of 83
• between April 3, 1993 and the Preliminary Approval Date for associates employed in Publix's retail supermarket stores in Florida, • between April 3, 1994 and the Preliminary Approval Date for associates employed in Publix's retail supermarket stores in South Carolina, between January 14, 1995 and the Preliminary Approval Date for associates employed in Publix's retail supermarket stores in Georgia, and • between July 31, 1996 and the Preliminary Approval Date for associates employed in Publix' s retail supermarket stores in Alabama. K. "Minimum Qualifications" means those discrete objective qualifications (such as service requirements, educational requirements, achieving a passing score on a required scored test or battery of tests, etc.) that: (i) are used by Publix as preliminary, independent qualifiers, such that the failure to meet the qualification is, itself, used by Publix to preclude further consideration of the individual for a Goal Position; (ii) can be isolated for purposes of determining adverse impact; and (iii) may be applied by Publix to eliminate from the selection pool associates who have
5

Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 11 of 83
registered interest in a Goal Position, prior to determination of goals under this Decree.
L. "Preliminary Approval Date" means the date upon which the Court entered an Order preliminarily approving this Decree, pending notice, an opportunity to opt out of the Settlement Class or submit objections to the Decree, and a fairness hearing thereon. That date is _ _ _ _ _ __
M. "Publix," "Defendant" and "the Company" mean Puhlix Super Markets, Inc. For all purposes and terms of this Decree, unless expressly stated otherwise, only the retail supermarket stores ofPublix in Florida, Georgia, South Carolina and Alabama are covered hereunder, and the Pharmacy Departments thereof shall be expressly excluded from coverage.
N. "Race Discrimination" or "Discriminating on the Basis of Race" means unlawful discrimination against associates on the basis of their race with respect to assignment, demotion, transfer, compensation, promotion from part-time to full-time, promotion from full-time to management, promotion within management, and discharge. For all purposes of this Decree, "Race Discrimination" and "Discriminating on the basis of Race" shall not include discrimination with respect to not being hired by Publix.
6

Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 12 of 83
v
O. "Selection Standards" means any factors considered by Publix in making a final selection decision, other than Minimum Qualifications.
P. "Settlement Class" is defined in Section VII. Q. "Term of this Consent Decree" is the period from the Final Approval Date until the expiration of the Decree pursuant to Section VI. R. "Testing Class Representative" means Michael Killingsworth, who filed a charge of discrimination with the Equal Employment Opportunity Commission on April 17, 2000, contesting on a class basis the lawfulness of certain scored test selection devices utilized by Publix in making promotions to management positions.
IV. LITIGATION BACKGROUND On April 4, 1997, the Class Representatives and several other black
current or former associates ofPublix Super Markets, Inc. filed a complaint on behalf of themselves as individuals and on behalf of other similarly situated blacks against Publix pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000(e), et seq., Section 1981 of the Civil Rights Act of 1866, 42 U.S.C. § 1981, the Human Rights Act of 1977, Florida Statutes, Chapter 760 (1991) ("Florida HRA"), and the Florida Civil
7

Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 13 of 83
Rights Act of 1992, Florida Statutes, Chapter 760 (1992)("Florida CRA").
The Complaint commencing this lawsuit, which is titled Middleton, et aI. v.
Publix Super Markets. Inc., Civil Action No. 97-CV-760 ("the Middleton action"), was filed in the United States District Court for the Middle District of Florida, Tampa Division, and alleged that Publix has engaged in a policy or pattern of unlawful discrimination on the basis of race against the named plaintiffs and against allegedly similarly situated black associates in all of Publix's operations with respect to hiring, assignment, demotion, transfer, compensation, promotion from part-time to full-time, promotion from fulltime to management, promotion within management, harassment, retaliation and discharge. Publix categorically denies that it has engaged in any policy or pattern or practice of race discrimination or retaliation against the Class Representatives or against any other black current or former associates, and maintains that its black associates have had equal employment opportunity and are promoted and discharged on the same terms and conditions as Publix's similarly situated non·black associates. Publix further contends that it is in compliance with all applicable state and federal fair employment laws.
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Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 14 of 83
The parties commenced discovery on May 2, 1997, directed to issues regarding the suitability of the foregoing claims for class treatment, the adequacy of the named plaintiffs to represent an alleged class ofPublix's black associates, and other class certification issues. In the course of this discovery Publix deposed each of the named plaintiffs; the plaintiffs took the depositions of many Publix managers; Publix produced 81,000 pages of documents and extensive computerized data; and each party produced an expert statistical report and deposed the opposing party's expert. rntimately, the named plaintiffs sought certification only with respect to hiring, promotion and discharge claims.
The Court referred the class certification issue to U.S. Magistrate Judge McCoun, and on June 15, 1998, the Magistrate Judge issued his Report and Recommendation that the named plaintiffs' motion be granted only with regard to Publix's retail stores, and that no class be certified as to Publix's operations outside the retail stores. On March 22, 1999, the Court issued its order adopting, in part, the Magistrate Judge's Report and Recommendation. The Court certified a class comprised of:
• a. All black employees and former black employees of PubIix Super Markets, Inc. who from April 3, 1993 have sought to be promoted or who have been discharged from employment at Publix retail stores in Florida;
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Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 15 of 83
b. All black employees and former black employees of PubIix Super Markets, Inc. who from January 14, 1995, have sought to be promoted or who have been discharged from employment at Publix retail stores in Georgia;
c. Excluding such black employees or former employees, whether in Florida or Georgia, who have worked only at Publix pharmacy operations
March 22, 1999, Order (Dkt. 256) at 1 2. The Court thereby declined to
certifY any class in Publix's non-retail operations. The Court also refused to certifY a hiring subclass in the retail stores, because there was no hiring representative for said claim. Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazlewood, Cynthia Jones-McCall, Willie Jones and Joya Fulton were appointed Class Representatives.
On August II, 1999, the parties resumed discovery concerning the merits of the Class Representatives' individual and class claims. Discovery included the production of extensive documents from named plaintiffs and Publix, production of Publix's computerized personnel data from 1987 to 1999, interrogatories, and depositions ofnumerous putative class members. The parties' discovery on merits issues continued through September 2000.
The Class Representatives have vigorously prosecuted this case, and Publix has vigorously contested it. Although discovery has not been
10

Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 16 of 83
completed, the parties have taken extensive discovery that is sufficient to assess reliably the relative merits of the claims of the Class Representatives and the certified class, and ofPublix's defenses to those claims. Moreover, when it became apparent that a key legal issue relevant to promotions at Publix since mid-1998 involves the implementation and evaluation of scored test batteries required for promotion to all management positions, Class Counsel located a new potential class representative, Michael Killingsworth, who had been disqualified from promotion through such tests. Mr. Killingsworth filed a charge ofdiscrimination with the EEOC on April 17, 2000, asserting a pattern and practice of discrimination against blacks through this testing practice. Mr. Killingsworth received a right to sue letter from the EEOC on the charge on December 28, 2000, and as part of this settlement was by stipulation added to the case as the Testing Class Representative.
During May of2000, Class Counsel and Publix began informal settlement negotiations. The parties have exchanged statistical and other expert analyses during these negotiations, including regarding the testing issues. The negotiations that ensued over the next eight months have been conducted at arms-length and without collusion. These efforts resulted in an
11

Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 17 of 83
agreement to settle this action. The tenns of the parties' agreement are contained in this Consent Decree.
The parties agree that the fonnal and infonnal discovery conducted in this action is sufficient to assess reliably the merits of the respective parties' positions and to compromise the issues on a fair and equitable basis. As indicated by the signature of counsel at the end of this document, the parties bave consented to the entry ofthis Decree.
V. JURISDICTION The Court bas jurisdiction over the parties and the subject matter of
this action. The Complaint asserts claims that, if proven, would authorize the Court to grant the equitable and monetary relief set forth in this Consent Decree. Venue is proper in this District. This Court sball retain jurisdiction of this action during the duration of the Decree solely for the purpose of entering all orders authorized hereunder that may be necessary to implement the relief provided herein.
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VI. EFFECTIVE DATES AND DURATION OF CONSENT DECREE A. Unless provided otherwise, the equitable provisions in this
Decree are effective upon the Final Approval Date. B. Except as otherwise provided herein, the provisions of this
Decree and the agreements contained herein shaH remain in effect for seven (7) years from the Final Approval Date. This Decree shaH expire without further action by the parties at midnight on the seventh anniversary of the Final Approval Date.
VII. SETTLEMENT CLASS A. For purposes of the monetary relief provided in this Decree, the
Settlement Class is certified pursuant to Federal Rule of Civil Procedure 23(b)(2) and consists of:
All black management and non-management associates of PubIix Super Markets, Inc. who, between the pertinent Class Commencement Date and the Preliminary Approval Date, have sought to be promoted or have been discharged from employment in Publix's retail supermarket stores in Florida, Georgia, South Carolina or Alabama. Excepted from this definition are those black associates who were discharged from, or were employed only in the foHowing Pharmacy Department positions: Pharmacy Manager, Assistant Pharmacy Manager, Pharmacist, Pharmacy Technician or Pharmacy Clerk. Also excepted from this definition are
13

Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 19 of 83
those black associates who file a timely request to opt out of the monetary relief provisions of this Decree. The pertinent Class Commencement Date is as follows : April 3, 1993 for associates who worked at retail supermarket stores in Florida; April 3, 1994 for South Carolina; January 14, 1995 for Georgia; and July 31, 1996 for Alabama.
B. For purposes of the equitable and declaratory relief provided in
this Decree, the Settlement Class is certified pursuant to Federal Rule of
Civil Procedure 23(bX2) and consists of:
All black management and non-management associates ofPublix Super Markets, Inc. who, between the pertinent Class Commencement Date and the Preliminary Approval Date, have sought to be promoted or have been discharged from employment in Publix's retail supermarket stores in Florida, Georgia, South Carolina or Alabama. Excepted from this definition are those black associates who were discharged from, or were employed only in the following Pharmacy Department positions: Pharmacy Manager, Assistant Pharmacy Manager, Pharmacist, Pharmacy Technician or Pharmacy Clerk. The pertinent Class Commencement Date is as follows : April 3, 1993 for associates who worked at retail supermarket stores in Florida; April 3, 1994 for South Carolina; January 14, 1995 for Georgia; and July 31, 1996 for Alabama.
C. The Monetary Relief Settlement Class closes on the
Preliminary Approval Date. All black associates hired by Publix into its
retail supermarket stores after the Preliminary Approval Date may avail
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Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 20 of 83
themselves of the equitahle relief provided in the Decree hut shaH not he entitled to any portion of the monetary relief provided hereunder.
D. For purposes of Section VIII of this Decree, Settlement Class members who have filed a timely request to opt out of the monetary relief provisions of the Decree shaH not he held to release any claims for individual relief.
E. For purposes of Section XIV ofthis Decree, the Settlement Class does not include those individuals who have filed a timely request to opt out of the monetary relief provisions of this Decree.
F. In the event that Final Approval of this Decree is not attained, nothing herein shaH be deemed to waive Publix's objections and defenses to class certification, and this Decree shall not then be admissible in any court regarding the propriety of class certification or any other issue.
VIII. RELEASE OF CLAIMS A. Release of Claims by Class Representatiyes and Settlement Class. I. Scope of Judicial Release. Upon Final Approval of the Decree, Publix and its subsidiary
corporations and limited liability companies, and their respective directors,
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Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 21 of 83
officers, managers, agents, employees, attorneys, successors and assigns, and anyone acting in concert with or on behalf of any of them, and their respective pension, profit-sharing, savings and other employee benefit plans of whatsoever nature, and those plans' respective trustees and administrators, shall be fuUy released and forever discharged from any and all individual and/or class-wide claims, demands, charges, complaints, rights and causes of action of any kind, known or unknown, hy the Class Representatives, by the Testing Class Representative, by the Settlement Class, and by each member of the Settlement Class, whether seeking monetary and/or equitable relief of any sort, that arise out of or are related to conduct within the Liability Period constituting alleged Race Discrimination in employment under Title VIT, 42 U.S.C. § 1981, the Florida CRA, the Florida lIRA, and/or any other law prohibiting Race Discrimination, whether statutory, pursuant to local ordinance, or at common law, excepting solely alleged unlawful race discrimination in not being hired by Publix. This release is final and shall survive the expiration of the Decree's Term.
2. Release of Claims by Class Representatives and Testing Class Representative.
Upon Final Approval ofthe Decree, for and in consideration of the mutual promises, terms and conditions by and between Defendant and the
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Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 22 of 83
Class Representatives and Testing Class Representative set forth herein, the sufficiency of which consideration is expressly acknowledged, the Class Representatives and the Testing Class Representative do hereby fully, finally and forever release and discharge Publix and its subsidiary corporations and limited liability companies, and their respective directors, officers, managers, agents, employees, attorneys, successors and/or assigns, and anyone acting in concert with or on behalf of them, and their respective pension, profit-sharing, savings and other employee benefit plans of whatsoever nature, and those plans' respective trustees and administrators, of and from any and all past and/or present claims, demands, actions, causes of action, suits, damages, liabilities, assessments, judgments, costs, losses, debts, obligations and expenses, of any and every nature whatsoever, whether or not known, allegedly incurred by the Class Representatives or the Testing Class Representative, or any of them, because of claimed unlawful Race Discrimination or any other allegedly illegal actions by Defendant, including but not limited to those arising in any way out ofthe alleged facts, circumstances and occurrences underlying those allegations of violations of Title VII, 42 U.S.C. § 1981, the Florida HRA and the Florida CRA that were asserted or that might have been asserted by or on behalf of the Class
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Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 23 of 83
Representatives or the Testing Class Representative against Defendant either in the named plaintiffs' original complaint or in any and all subsequent amended complaints in the Middleton action, andlor in any and all charges of discrimination filed with the EEOC against Publix by some or all of the Class Representatives or the Testing Class Representative.
IX. MISCELLANEOUS PROVISIONS A. Calculation of Time. In computing any period of time prescribed or allowed by this Decree,
unless otherwise stated, such computation or calculation shall be made consistent with Federal Rule of Civil Procedure 6(a) as it exists on the Preliminary Approval Date.
B. No Admission of Liability. This Decree represents the compromise of disputed claims that the parties recognize would require protracted and costly litigation to determine. Publix denies that it has engaged in any policy, pattern or practice of unlawful Race Discrimination, and Publix's entry into this Decree is not, and may not be used by any person as, an admission or evidence that Publix has
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Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 24 of 83
on any occasion engaged in Race Discrimination or any other discriminatory employment practices, such being expressly denied.
C. Modification and Severability of the Consent Decree. 1. Whenever possible, each provision and term of this
Decree shall be interpreted in such a manner as to be valid and enforceable; provided, however, that in the event that after Final Approval hereof any provision or term of this Decree should be determined to be or rendered unenforceable on collateral review, all other provisions and terms of this Decree and the application thereof to all persons and circumstances subject thereto shall remain unaffected to the extent permitted by law. If any application of any provision or term of this Decree to any specific person or circumstance should be determined to be invalid or unenforceable, the application of such provision or term to other persons or circumstances shall remain unaffected to the extent permitted by law.
2. Class Representatives and Publix may jointly agree to modify the Decree. In the event that changed circumstances make a modification of the Decree necessary to ensure its purposes are fully effectuated, but good faith negotiations seeking such modification are unsuccessful, any party to the Consent Decree shall have the right to move
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the Court to modify this Decree. Such motion shall be granted only upon the movant proving to the Court by clear and convincing evidence that changed circumstances make such modification necessary and that the modification will not materially increase the cost to Publix of compliance (out-of-pocket or otherwise), after an opportunity for the other parties to be heard on the motion. Any such modification to this Decree by the Court shall be ordered in such a fashion that will limit the cost to Publix (out-of-pocket or otherwise) to the extent possible consistent with effectuating the purposes of this Decree.
D. Duty to Support and Defend the Decree. The Class Representatives, the Testing Class Representative, Class
Counsel, Publix, and Counsel for Puhlix each agree to ahide by all of the
terms of this Decree in good faith and to support it fully, and shall use their Best Efforts to defend this Decree from any legal challenge, whether by appeal or collateral attack.
X. ENFORCEMENT PROVISIONS A. Dispute Resolution Procedures.
I . The Court shall have authority to resolve all disputes
arising under the Decree, including the interpretation or implementation of
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the Consent Decree, as well as Publix's compliance with the Decree, subject to the enforcement standards expressly set forth in this Decree.
2. At the request of Class Representatives or Pnblix, Class Representatives and Pnblix shall confer as necessary, and the parties shall use their Best Efforts to resolve promptly any disputes regarding the interpretation or implementation of the Consent Decree, including Publix's compliance with the Decree.
3. Class Counsel's sole involvement in any such disputes shall be exclusively in their role as counsel for the Class Representatives and the Settlement Class, and Class Counsel shall be bound to follow all the provisions of Section X of this Decree in regard to any such dispute. Class Representatives shall be represented by Class Counsel in regard to any interpretation, implementation, compliance or enforcement disputes regarding this Consent Decree, unless Class Representatives and/or Class Counsel successfully have moved previously for substitntion of counsel.
4. Class Representatives or Pnblix shall have the right to file a motion with the Court to resolve any dispute regarding any provisions ofthe Decree, provided, however, that Class Representatives may not file such a motion with the Court, or otherwise seek relief from the Court, regarding the
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extent ofPublix's compliance with the goal provisions contained in Section Xl of this Consent Decree prior to forty-two (42) months following the Final Approval Date. The parties hereby consent to referral of said motions to the assigned Magistrate Judge for disposition, should the Court so desire.
5. The procedure for resolution of such issues shall be as follows :
a. If Class Representatives or Publix have good reason to believe that a legitimate dispute exists, the initiating party shall promptly give written notice to the other party, including: (i) a reference to all specific provisions of the Decree that are involved; (ii) a statement of the issue; (iii) a statement of the remedial action sought by the initiating party; and (iv) a brief statement of the specific facts, circumstances and any other arguments supporting the position of the initiating party;
b. Within thirty (30) days after receiving such notice, the non-initiating party shall respond in writing to the statement of facts and argument set forth in the notice and shall provide its written position, including the facts and arguments upon which it relies in support of its position;
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c. Class Representatives and Publix shall undertake good-faith negotiations, which should include a meeting by telephone or in person and the exchange of relevant documents and/or other information, to attempt to resolve the areas of dispute;
d. The Court, upon motion, may permit either Class Representatives or Publix to take discovery pursuant to any method provided by the Federal Rules of Civil Procedure, but only as to demonstrably relevant documents and/or witnesses, and only if the Court determines that the informal exchange of documents or information has not been sufficient to allow either Class Representatives or Publix to present the dispute upon a factual record adequate for the determination required hereunder;
e. If good-faith efforts to resolve the matter have failed, and after written notice of "impasse" to the non-initiating party, Class Representatives or Publix may file a motion with the Court, with a supporting brief, requesting resolution of the dispute; provided, however, that such motion shall be limited to the dispute(s) as to which the "meet and confer" provisions of this Section X.A.5 have been exhausted;
f. The non-moving party will have thirty (30) days to file a response brief, and no reply briefs shall be permitted; and
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g. The Court shall attempt to resolve the dispute within thirty (30) days after briefmg is closed, and may schedule a hearing or other proceeding, which any party may attend telephonically unless otherwise ordered by the Court, to aid in resolving the matter.
B. Standard for Judicial Enforcement by Contempt. I. Class Representatives may petition the Court to hold
Publix in contempt, but only after: (i) having exhausted the dispute resolution procedures set forth in Section X.A.4 without having obtained reasonably effective remedial action, and (ii) having, after a reasonable investigation, concluded in good faith that the standards for a contempt citation described below have been met.
a. Officers, managers or supervisors of PubIix shall not be held individually in contempt with regard to compliance with this Decree.
b. The parties intend that Publix shall not be held in contempt unless the United States District Judge finds, by clear and convincing evidence, that there has been an intentional disregard or intentional violation of a term or terms of the Decree by one or more Publix agents at the level of officer or above.
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2. Third parties shall not have standing to petition the Court to hold Publix in contempt.
XI. JOB SELECTION PROCEDURES A. Registration of Interest for Selecting Retail Supermarket Store Management. \. During the Term of this Decree, Publix will continue to
use a Registration of Interest ("ROI") system with respect to selections for promotion to management positions in its retail supermarket stores in Florida, Georgia, South Carolina and Alabama.
2. The purposes of the ROI system include the following: (i) to improve the information available to Publix's management in making promotion and associate development decisions; (ii) to provide a systematic Company-wide method, consistent with equal employment opportunity, for Publix associates to make informed and documented decisions about their career preferences; (iii) to provide a systematic Company-wide framework, consistent with equal employment opportonity, within which Publix will incorporate such associate preferences into its retail supermarket store promotion and associate development decisions; and (iv) to establish a meaningful basis for setting goals pursuant to Section XI.C
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3. All management positions (except in the Pharmacy Department) currently existing in Publix's retail supermarket stores shaH continue to be included in the ROI system. These positions are: Store Manager, Assistant Store Manager, Grocery Manager, Assistant Grocery Manager, Common Area Manager, Assistant Common Area Manager, Meat Manager, Assistant Meat Manager, Produce Manager, Assistant Produce Manager, Deli Manager, Assistant Deli Manager, Bakery Manager, and Assistant Bakery Manager. Any new management job classifications Publix institutes on a regular (rather than pilot program) basis in its retail supermarket stores in Florida, Georgia, South Carolina and Alabama during the Term of this Consent Decree, excluding those in the Pharmacy Department, also will be included in the ROI system.
4. Promotions into Goal Positions generaHy shall he made from among candidates within the appropriate Eligible Associate pools, giving consideration to the applicable Minimum Qualifications and Selection Standards, and the Goals described in Section XI.C.
5. Nothing herein shall preclude Puhlix from making changes to the ROJ system, as long as such changes are not at variance with the purposes set forth in Section XI.A.2.
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B. Selection Standards and Minimum Qualifications. 1. Except for the modifications of the testing batteries
described in Section XI.F, Publix retains the right to maintain its existing Selection Standards and Minimum Qualifications for all positions, and to develop and implement new Selection Standards and Minimum Qualifications, subject only to the limitations stated in Section XI of the Decree and to applicable legal standards.
2. Class Counsel will be notified when a change is made to a Minimum Qualification for one of the Goal Positions. For the first twelve (12) months after the Preliminary Approval Date, Publix will adopt no new or modified Minimum Qualification for any Goal Position that has an adverse impact ratio with respect to blacks who meet all other Minimum Qualifications that is less than four-fifths, or .80. If any new or modified Minimum Qualification for a Goal Position adopted thereafter is determined to have an adverse impact ratio with respect to blacks who meet all other Minimum Qualifications that is less than four-fifths, or .80, Publix will provide to Class Counsel the validation evidence Publix believes to demonstrate that the new or modified Minimum Qualification is a lawful selection device under established Title VII standards; Class Counsel may, if
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they disagree with Publix's conclusion on the lawfulness of the new or modified Minimum Qualification, pursue the Dispute Resolution Procedures set forth in Section X.A ofthis Decree.
C. Goals. 1. General Principles. a. During the Term of this Decree, Publix generally
will continue, with respect to class members, its system ofROI-based goals for promotions into the retail supermarket store management positions defined as "Goal Positions" in Section III.!.
b. In attempting to meet these goals, Publix shall not be required to select unqualified persons or to displace any associate from his or her position. These goals are not quotas; rather they are goals designed to afford guidance as to whether Publix is making selection decisions in such a way as to afford equal employment opportunity.
c. In defending against any allegations of noncompliance with the goal provisions of this Decree, Publix may rely upon appropriate evidence demonstrating that it is in fact making promotion selection decisions in such a way as to afford equal employment opportunity to black associates, such as by showing either that the goals do not
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accurately reflect the proportionate availability of black associates among Eligible Associates available and willing to accept the open positions, or that the promotion selection results do not accurately reflect Publix's Best Efforts to comply with the intent of the goal provisions. Such evidence could include, but would not be limited to, evidence of the following: (i) the proportion of good faith offers made to black associates as compared to nonblacks was at least as high as the percentage goal, or (ii) vacancies disproportionately have occurred in geographic areas with a comparatively low incidence of black Eligible Associates. When citing to evidence of offers made but rejected, an associate who more than once rejects an offered Goal Position within the six-month reporting period will be counted in the same fashion, whether black or non-black.
d. The percentage goal for promotions into a particular Goal Position during a specified selection period shall be based upon the percentage of blacks among tbe Eligible Associates for that position in the most recent ROI process before the beginning of the selection period, excluding any associates actually promoted into the requested Goal Position before the beginning of the selection period.
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e. The goal-related geographical area for all Goal Positions will encompass all Publix retail supermarket stores in Florida, Georgia, South Carolina and Alabama. Goals will be expressed as a percentage of the promotions from other retail supermarket store job classifications into Goal Positions that occur within the six-montb selection period covered by the ROI cycle.
f. Calculation: The percentage goal for each Goal Position during a selection period shall be determined by dividing (i) the total number of black Eligible Associates for such position in Florida, Georgia, South Carolina and Alabama in the most recent ROI process who had not already been promoted to the requested Goal Position before the commencement of the selection period by (ii) the total number of Eligible Associates for such position in Florida, Georgia, South Carolina and Alabama in the most recent ROI process who had not already heen promoted to the requested Goal Position before the commencement of the selection period. Goals will be stated as percentages, rounded to the nearest whole number.
g. At the end of each selection period the target number of promotions of black associates expected to have been made will
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be calculated by multiplying tbe percentage goal by the total number of promotions into that position during the selection period, rounded to the nearest one-tenth.
b. Example: If I I 0 associates registered their interest for Store Manager positions and were determined to be Eligible Associates not already in the Store Manager position at the beginning of the selection period, and if 31 of those Eligible Associates were black, then the goal for Store Manager would be 28.2 percent, which would then be rounded to 28 percent. Therefore, for the six-month period following the completion of this semi-annual ROI and screening process, the goal for promotions from Assistant Store Manager to vacancies in the Store Manager position would be 28 percent. If at the conclusion of the selection period there had been 14 promotions to Store Manager positions from other job classifications, then the numeric target would be to have filled 3.9 of those Store Manager openings with black associates.
1. "Shortfalls" in selections for promotion to a particular Goal Position compared to the target number shall be carried over from one selection period to the next. In other words, if a numeric target is not achieved for a position during a specified selection period, then the
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shortfall during the selection period for that Goal Position shall be added to the target number for that position in the subsequent selection period.
J. " Excesses" in selections for promotion to a particular Goal Position compared to the target number shall be carried fOlWard for only one selection period. In other words, if a numeric target is exceeded for a position during a specified selection period, then the excess during the selection period for that Goal Position shall be subtracted from the target number for that position in the subsequent selection period.
k. Examples. If the computed target number for Bakery Manager selections based upon the percentage of blacks among all Eligible Associates not already in the Bakery Manager position before the commencement of the selection period was 15.0 in each of Selection Periods One, Two and Three, then the following results would obtain.
(1) If in Period One Publix selected 13 blacks, then the deficit of two in Period One would be carried fOlWard to Period Two, making the actual target number for Period Two 17.0. If in Period Two Publix selected 12 blacks, then the cumulative deficit of 5 would be carried fOlWard to Period Three.
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(2) If in Period One Publix instead selected 18 blacks for the position, then it would carry forward an excess of 3 to Period Two, making the actna! target number for Period Two 12.0.
(a) If in Period Two Publix then selected anywhere from 12 to 15 blacks for the position, it would carry forward neither a shortfall nor an excess into Period Three.
(b) Alternatively, if in Period Two Publix instead selected 16 blacks for the position, it would carry forward an excess of only I, not 4, to Period Three.
(c) Alternatively, if in Period Two Publix instead selected II blacks for the position, it would carry forward a shortfall of only I, not 4, to Period Three.
2. Goal Reporting Requirements. Within ninety (90) days after the end of each six-month selection period during the term of the Consent Decree, Publix will provide Class Counsel with the following information, in both hard copy and electronic form, for each of the Goal Positions within the Company's retail supermarket stores, aggregated across Florida, Georgia, South Carolina and Alabama:
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a. total number of individuals in other job class positions who submitted an ROI request for that Goal Position in the most recent ROI process before the commencement of the selection period but who had not yet obtained promotion to the requested Goal Position before the selection period began, by race (black and non-black);
b. total number of individuals in other job class positions who submitted an ROI request for that Goal Position in the most recent ROI process before the commencement of the selection period but who had not yet obtained promotion to the requested Goal Position before the selection period began, and met all the Minimum Qualifications, by race (black and non-black);
c. percentage goal for class member promotions into that Goal Position from other job class positions;
d. actual number of individuals who submitted an ROI request, met the Minimum Qualifications, and were promoted into that Goal Position from other job class positions during the selection period, by race (black and non-black);
e. carryover excess or shortfall of class member promotions from previous selection period;
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f. target number for class member promotions during the selection period; and
g. excess or shortfall of class member promotions during the selection period.
D. Above-Store-Level Positions. During the Term of this Decree, Publix commits to giving careful and fair consideration to black Store Managers when selecting new retail District Managers. E. Supplemental Selections.
I . In addition to the ROI-based goals described above, during the first eighteen (18) months following the Preliminary Approval Date, Publix will identify and place in an appropriate management position twelve (12) black full-time associates who are considered by Publix adequately qualified to be placed in the identified position, even if they have not satisfied fully the Minimum Qualifications for that position. These twelve individuals shall not be counted with respect to Publix' s ROI-based goals, as described in Section XI.C above. Publix may require such individuals to complete successfully such individualized ad hoc training as
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may be appropriate to increase their likelihood of performing successfully in the management position in question.
2. Within ninety (90) days following the conclusion of each six-month selection period, Publix will identify to Class Counsel those class members placed in management positions pursuant to this provIsIOn.
F. Testing Provisions. I . Assistant Departmept Manager and Department Manager. In an effort to decrease the adverse impact upon black
associates arising from the use ofthe selection battery now administered to candidates for Assistant Department Manager and Department Manager positions, while maintaining the battery's validity in making such selections, Publix will utilize the joint assistance of an industriaVorganizational psychologist of its choosing, and Dr. James Oultz, a consultant originally retained by Class Counsel on behalf of the Plaintiffs, to develop and validate modifications to the battery. Specifically, these modifications will involve only a restructuring of the video assessment questions, without modifying the video vignettes themselves. Generally stated, the purpose of this restructuring is to enable candidates to identify multiple preferred ways to
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respond to a situation, with each favorable response earning a pre-assigned scaled number of points, rather than to attempt to choose a single "all or nothing" correct response. Publix commits to incorporating such modifications in concept, as long as they do not decrease the overall validity of the selection battery and do not in fact increase any adverse impact upon blacks or other protected groups. Publix will compensate Dr. Oultz for his work on this project at his customary hourly rate for time reasonably and necessarily expended, subject to a project cap for Dr. Oultz's work of $50,000, with all his work on the project to be completed within one year following the Final Approval Date. Ifthese modifications are successful in diminishing adverse impact without decreasing validity, Publix will incorporate the same conceptual approach in subsequent versions of the selection battery, if any, used during the Term of the Decree.
2. Assistant Store Manager and Store Manager. a. No modifications to any ofthe test instruments
currently administered to candidates for Store Manager and Assistant Store Manager positions will be required hereunder.
b. In an effort to decrease the adverse impact upon black associates arising from the use of the test battery now administered to
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candidates for Assistant Store Manager and Store Manager positions that consists of a business reasoning test and a bio-data instrument ("Test Battery"), if it has not already done so, Publix will, no later than sixty (60) days after the Final Approval Date, set the passing score on the Test Battery at a level at which the passing rate for black test takers among those in the validation study benchmark group is no less than four-fifths of the passing rate for white test takers among those in the validation study benchmark group.
c. If, during the Term of this Decree but after implementation of the passing score described in Section XI.F.2.b, above, Publix chooses to "recalibrate" the Test Battery by establishing a new passing score, or by otherwise altering the scoring methodology pertinent to passing the Test Battery, Publix will either: (i) before implementing the change in scoring set the new passing score at a level at which the passing rate for black test takers among all actual candidates who have taken the Test Battery in the past twelve (12) months and meet all other Minimum Qualifications for the Goal Position they seek would have been no less than four-fifths of the passing rate for white test takers among all actual candidates who have taken the Test Battery in the past twelve (12) months
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and meet all other Minimum Qualifications for the Goal Position they seek, or (ii) implement the change in scoring but provide to Class Counsel the validation evidence Publix believes to demonstrate that under the new scoring methodology the Test Battery is a lawful selection device under established Title VII standards. IfPublix chooses the second ofthe foregoing alternatives, then Class Representatives may, if they disagree with Publix's conclusion on the lawfulness of the Test Battery, pursue the Dispute Resolution Procedures set fortb in Section X.A of this Decree; the Dispute Resolution Procedures shall be Class Representatives' exclusive remedy to contest any changes to the scoring methodology for the Test Battery implemented during the Term of this Decree. Publix will not, however, rely upon provision (ii) of this subparagraph with respect to any change in scoring on the Test Battery implemented within the first twentyone (21) months following the Preliminary Approval Date.
d. If, during the Term of this Decree but after implementation of the passing score described in Section XI.F.2.b, above, Publix chooses to implement a new test or battery or substantively modifY one or more of the existing Test Battery components, Publix will either: (i) before implementing the modification set the new passing score at a level at
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which the passing rate for black test takers among all individuals in the validation study group would be no less than four-fifths of the passing rate for white test takers among all individuals in the validation study group, or (ii) implement the new tests and/or modifications but provide to Class Counsel the validation evidence Publix believes to demonstrate that the new or modified Test Battery is a lawful selection device under established Title VII standards. IfPublix chooses the second of the foregoing alternatives, then Class Representatives may, if they disagree with Publix's conclusion on the lawfulness of the new or modified Test Battery, pursue the Dispute Resolution Procedures set forth in Section X.A ofthis Decree; the Dispute Resolution Procedures shall be Class Representatives' exclusive remedy to contest any new tests or modifications to the Test Battery implemented during the Term of this Decree. Publix will not, however, rely upon provision (ii) of this subparagraph with respect to any new or modified Test Battery implemented within the first twenty-seven (27) months following the Preliminary Approval Date.
e. The specific provisions ofthis Section XI.F.2 shall control in their specific circumstances, as opposed to the more general provisions of Section XI.B.2.
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XII. DISCHARGE REVIEW PROCESS No later than ninety (90) days after the Final Approval Date, Publix
will implement a discharge review process providing a procedural protection for black associates who have completed ninety (90) days of continuous employment with Publix at the time of their discharge. The discbarge review process need not be made available to review any decision other than a Publix decision to discharge such an associate. Thus, Publix need not make the process available for any good faith "reduction in force" layoffs, associate resignations or job abandonment (even ifthe former associate claims so-called "constructive discharge''), or for discharges of associates who are not black associates. Rather, only individual conduct-based or performance-based termination decisions with respect to black associates with at least ninety (90) days continuous service with Publix at the time of their discharge need be subject to this discharge review process. The discharge review process will include the following features :
A. Any such black associate whom Publix decides to discharge will he suspended without pay and given a written notice of intent to discharge no fewer than seven (7) calendar days prior to the effective date of
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the discharge. Such notice will state the reason for discharge. The notice form shaH inform the associate of his or her option to contest the proposed discharge by filing a "Discharge Challenge" form, which shall request the reason the associate believes that his or her discharge is unfair and a list of supporting witnesses then known to the associate. The notice form also shall inform the associate that submission of the "Discharge Challenge" form will begin an internal Publix discharge review process, and that the review process is not a substitute for any external complaint the associate mayor may not wish to file regarding the circumstances of the discharge.
B. The associate shall have a reasonable time period of not less
than seven (7) days to fill out and return the "Discharge Challenge" form to the Manager of HR Investigations or other designee. An associate who does not submit the "Discharge Challenge" form within the specified period will be deemed discharged upon the expiration of the period.
C. In Step I of the Discharge Review Process the complaint will be reviewed promptly by Human Resources, under the supervision of the Manager of HR Investigations. A written decision will be forwarded to the associate within a reasonable time, which if reasonably achievable will not exceed forty-five (45) days after the Manager of HR Investigations receives
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the "Discharge Challenge" form. Prior to reaching this decision Human Resources will give the associate an opportunity to be interviewed, either in person or telephonically, and to respond to the facts cited by management in support ofthe discharge.
D. The written decision by Human Resources will contain a notice of a right to appeal to Step 2 and a method for returning such an appeal form to the Manager ofHR Investigations within a reasonable time period of not less than seven (7) days. The Manager of HR Investigations will be in charge of the Step 2 appeal, and will provide a written decision within a reasonable time, which if reasonably achievable will not exceed twenty-one (21) days after the Manager ofHR Investigations receives the Step 2 appeal form .
E. The written decision by the Manager of HR Investigations will contain a notice of a right for any black associate who has alleged Race Discrimination with respect to his or her discharge to file a Step 3 request for mediation, and a method for returning such a request form to the Manager of HR Investigations, or other designee, within seven (7) days after the date ofthe written decision. (The associate must in some fashion allege a racially discriminatory discharge during Step I in order to be entitled to
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proceed to Step 3; Publix may, however, elect at its option to permit a black associate to proceed to mediation even though he or she did not so allege.)
F. The associate requesting mediation will pay a filing fee of$75 to Publix, to be paid at the time of request and applied toward the cost of mediation. Publix will pay any other mediation fees that may be required.
G. Mediation shall be conducted under the auspices of an Institutional Neutral. The parties have agreed that initially the Institutional Neutral shall be selectedjointIy, on or before ninety (90) days following the Preliminary Approval Date, from among the following three options: (i) the American Arbitration Association ("AAA"), (ii) JAMSlEndispute ("JAMS''), and (iii) a combination of the Florida Mediation Group (handling all mediation requests regarding Florida associates) and the W.J. Usery Center (handling all mediation requests regarding Georgia, South Carolina and Alabama associates). Ifthe parties cannot agree on the selection of the initial Institutional Neutral by that date, then each party shall strike one of the three foregoing options, with Class Representatives striking first, and the remaining choice will be deemed selected. Annually, on or before thirty (30) days following the anniversary of the Final Approval Date, Publix may elect to replace the Institutional Neutral with another of the three foregoing
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alternatives, or with another reputable competing entity that previously has been approved by Class Representatives, with notice to Class Counsel. Publix may negotiate with the alternative candidates for the Institutional Neutral position prior to selection or replacement, in order to achieve competitive fees.
H. Publix will notify the Institutional Neutral within ten (10) days after receiving the former associate's Step 3 written request for mediation. The Institutional Neutral will be requested to identifY a mediator, and specifically, where possible, one with expertise in mediating employment disputes, within seven (7) days after being informed by Publix of the former associate's request. The mediator will attempt to schedule the mediation, at a mutually convenient location, within fourteen (14) days if practicable, and insofar as possible not more than thirty (30) days after being identified to the parties.
I. If the mediation is successful, the discharged associate will be required to execute a full and final general release of all claims against Publix arising in any way out of the facts and circumstances involved in his or her employment with Publix, or the termination thereof, through and including the date of the mediation. In such event, Publix will pay any
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agreed-upon consideration within thirty (30) days after receipt of the properly executed release.
XliI. REPORTING AND RECORDKEEPING A. Reporting Schedule. Within ninety (90) days after December 31, 2001, and at six-month
intervals thereafter throughout the Term of this Decree, Publix shall provide Progress Reports to Class Counsel on the Company's compliance with the Decree's requirements.
B. Contents of the Semi-Annual Progress Reports. The Semi-Annual Progress Reports described in Section XIII.A shall include the following information:
1. A description of any revisions to the Minimum Qualifications for Goal Positions that are implemented during the reporting period.
2. A chart or charts displaying the goal information described in Section Xl.C for the most recently completed selection period.
3. Until Publix has complied with Section XI.E, a list identifying the individuals selected for management positions under Section
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XI.E and specifying the management position for which the individual associate was selected.
4. A summary of the use of the Discharge Review System during the reporting period with respect to black associates alleging racially discriminatory discharge from retail supermarket stores in Florida, Georgia, South Carolina and Alabama. This summary shall include:
a. the name, job classification, and store number of the complainant(s);
b. the name ofthe investigator designated for the complaint;
c. the results ofthe investigation undertaken in response to such complaint;
d. whether any request for Step 2 appeal was submitted and, if so, the results of the appeal; and
e. whether any Step 3 request for mediation was submitted, and if so, whether the mediation was successful.
f. the total number of black associates and white associates discharged during the reporting period.
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5. The Semi-Annual Progress Reports, and all infonnation therein shall be kept confidential and shall not be provided to any person or entity not a party to this Consent Decree. Upon the expiration of this Decree Class Counsel shall promptly return to Publix any and all documents, including electronic infonnation, and all copies thereof, that Publix furnished under this Decree.
C. Access to Documents. 1. Class Counsel shall, upon reasonable notice, be entitled
to review all documents constituting the primary source materials for the summary infonnation required to be submitted in the Semi-Annual Progress Reports, except, however, that Class Counsel shall not be entitled to review any such documents that are protected by attorney-client or work product privilege.
2. In response to a request from Class Counsel pursuant to this section, Publix may, to the extent that it maintains some or all of the primary source materials for the summary infonnation required to be submitted in the Semi-Annual Progress Reports on an electronic medium, submit a disc or tape containing the electronic infonnation to Class Counsel in lieu of providing access.
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D. Addresses for Reporting. All reports and documents that Publix is required to deliver or
serve on Class Counsel shall be mailed to Kent Spriggs, Spriggs & Davis, PA, 324 W. College Avenue, Tallahassee, Florida 32301.
XIV. MONETARY AWARDS PROCEDURE A. Monetary Awards to Settlement Class Members. Monetary Payments to eligible Settlement Class members shall be of
four types : Formula Promotion Payments, Formula Discharge Payments, Individual Allocations to Class Member Deponents, and Individual Allocations to Class Representatives and the Testing Class Representative.
I . Payments to be distributed pursuant to Section XIV.B shall be referred to as "Formula Promotion Payments." Payments to be distributed pursuant to Section XIV.C shall be referred to as "Formula Discharge Payments." Payments to be distributed pursuant to Section XIV.E shall be referred to as "Individual Allocations to Class Member Deponents." The Class Representatives and Testing Class Representative shall be ineligible for payments under any of these sections.
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2. Receipt of an award under the Formula Promotion Payment Pool or Formula Discharge Payment Pool, or of an Individual Allocation to a Class Member Deponent, shall require acceptable indorsement of a check incorporating a release of all claims of alleged Race Discrimination in employment, as described in Section VITI.A.I, including without limitation all claims arising under 42 U.S.C. § 2000e, et seq., as amended, 42 U.S.C. § Section 1981, as amended, the Florida HRA, the Florida CRA, and any other federal, state, or local statute, ordinance or other codified or common law cause of action. The form of check release is attached as Exhibit I.
3. Individual Allocations to Class Representatives shall require execution of an individual general release of all claims against Publix by each of the Class Representatives and the Testing Class Representative, respectively, in the form attached as Exhibit 2.
B. Allocation of Formula Promotion Payments Pool to Individual Monetary Awards. I. Formula Promotion Payments shall be available only to
Settlement Class members, other than the Class Representatives and the Testing Class Representative, who were employed in a full-time capacity by Publix at some time during the applicable class period; such individuals shall
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Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 56 of 83
be deemed "Eligible Promotion Class Members" for purposes of this section. Except as provided for in Sections XIV.E and J, the Fonnula Promotion Payments Pool of $2,250,000 shall be distributed to such Eligible Promotion Class Members according to a point fonnula based upon the factors described below. Before allocating any portion of the Fonnula Promotion Payments Pool to payments under this Section XIV.B, the Fonnula Promotion Payments Pool first shall be adjusted as set forth in Sections XIV.E and J.
2. Points shall be awarded to Eligible Promotion Class
Members according to the following fonnula: a. Eligible Promotion Class Members who are
classified on Publix's Human Resources database as having been employed in a Full-Time status at any time between the relevant class commencement date and January 25,1997, but who were not issued a check by Publix under the settlement agreement in Kemp v. Publix Super Markets, Inc., Case No. 150-92-1508, shall receive one (I) point.
b. Without regard to whether they are entitled to one point under Section XIV.B.2.a, above, Eligible Promotion Class Members
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Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 57 of 83
who are not classified on Publix's Human Resources database as having been discharged, shall be awarded one (I) point if they:
(I) are classified on Publix's Human Resources database as having been employed by Publix in a Full-Time status at any time between the relevant class commencement date and September I, 1998, and registered an interest in promotion under Publix's ROI system on at least one occasion on or before September I, 1998, or
(2) are no longer employed by Publix on the Preliminary Approval Date but are classified on Publix's Human Resources database as having been employed by Publix in a Full-Time status at any time between the relevant class commencement date and September I, 1998, and submit a claim form stating under penalty of peIjury that they sought unsuccessfully to be promoted by Publix during that time period.
c. If any individual who files a claim form under Section XIV.B.2.b.2 is determined not to be a Settlement Class member, or to otherwise be ineligible to be allocated a point under Section XIV.B.2.b, he or she shall be sent individual notice of such ineligibility, and of an opportunity to appeal that determination to the Awards Arbitrator.
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d. Once all promotion points for Eligible Promotion Class Members have been finalized, the value of a point shall be calculated by Class Counsel by dividing the total number of points awarded into the amount of the Formula Promotion Payments Pool, less any deductions pursuant to Sections XIV.E and J. Thereafter, Class Counsel shall determine the appropriate amount to be distributed to each member of the Settlement Class who is eligible for such relief Once Class Counsel has certified fully to Publix the amounts that should be disbursed from the Formula Promotion Payments Pool to each Settlement Class member, in a computer file format specified by Publix, Publix will transmit checks for such amounts, less appropriate payroll withholding for federal, state and local income taxes and F.I.C.A. and any other legally required deductions, to the address for each recipient identified by Class Counsel. Publix shall deliver the checks within ninety (90) days following (i) receipt by Publix of the foregoing certification by Class Counsel, or (ii) the Final Approval Date, whichever is later.
C. Allocation of Formula Discharge Payments Pool to Individual Monetary Awards. I. Formula Discharge Payments shall be available only to
Settlement Class members, other than the Class Representatives and the Testing Class Representative, who:
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Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 59 of 83
a. were discharged by Publix during the Liability Period, b. had been employed by Publix for at least ninety (90) continuous calendar days at the time of their discharge, c. were at least twenty (20) years of age at the time of their discharge, d. were not employed by Publix as a managerial associate at the time of their discharge, and e. submit a claim form, stating under penalty of peIjury that he or she believes that his or her race was some part of the reason for being discharged from employment by Publix. 2. A Settlement Class member who satisfies all the criteria in Section XIV.C.I, above, may be conditionally disqualified from Formula Discharge Payments if: a. his or her discharge is coded on the Publix Human Resources database under one of the eight designated reason codes, which are 43 (sliding groceries), 44 (suspicion of stealing), 45 (stealing), 46 (time card problems), 47 (false information to company), 48 (lying about being sick), 60 (possession/use of drugs or alcohol), and 61 (alcohol/possession/use),
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Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 60 of 83
b. his or her Publix files contain records demonstrating that the associate was discharged for theft, failing a drug test, or job-related violation of a law, and
c. based upon the information reflected in those records, Publix exercises its option to identify the class member as ineligible for Formula Discharge Payments.
3. In addition to the conditional disqualifying factors set forth in Section XIV.C.2, above, Publix may conditionally disqualify from Formula Discharge Payments up to fifty (50) Settlement Class members who meet all other applicable criteria, but whose employment records show that he or she had engaged in conduct that Publix considers to be comparably improper to theft, failing a drug test or a job-related violation of a law, without regard to the reason code for the termination recorded in the Publix Human Resources database. For each such individual, Publix shall identify to Class Counsel the conduct warranting discharge upon which Publix relies for conditional disqualification.
4. A Settlement Class member conditionally disqualified pursuant to Section XIV.C.2, above, can be reinstated to eligibility for Formula Discharge Payments through the procedure provided for in Section
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Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 61 of 83
XIV.C.6, by establishing, througb appropriate proof, that he or she did not in fact commit the offense of theft, failing a drug test, or a job-related violation ofa law.
5. A Settlement Class member conditionally disqualified pursuant to Section XIV.C.3, above, can be reinstated to eligibility for Formula Discharge Payments througb the procedure provided for in Section XIV.C.6, by establishing, througb appropriate proof, that he or she did not in fact commit the conduct warranting discharge identified to Class Counsel by Publix.
6. Appeal Process. a. A Settlement Class member who has either been
conditionally disqualified from Formula Discharge Payments under Sections XIY.C.2 or 3, or been assigned a lesser multiplier under Section XIV.C.7.b.(2) or (4) because his or her discharge was coded by Publix on its Human Resources database as having been discharged for reason code 43 (sliding groceries), 44 (suspicion of stealing), 45 (stealing), 46 (time card problems), 47 (false information to company), 48 (lying about being sick), 60 (possessionluse of drugs or alcohol), and 61 (aicohoVpossessionluse),
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Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 62 of 83
shall be sent individual notice by Class Counsel by United States mail at the address indicated on the initial claim form.
b. The notice sball briefly explain the fact of and reason for disqualification or assignment of a lesser multiplier. In addition, the notice shall explain the claimant's right to challenge his or her disqualification or the multiplier assigned, under the limited circumstances explained in Sections XIV.C.6 and 7.d. Each notice shall contain a return form with space for the associate to explain why he or she believes the discharge code is inaccurate, or to identify evidence establishing that he or she did not in fact commit the disqualifying offense. This return form , which will be preaddressed to Class Counsel, must be executed under penalty of perjury. The clairoant also will be informed of a right to present other declarations or documentation in support of his or her challenge. The claimant will have thirty (30) days from the time notice was sent to exercise this challenge right.
c. Once Class Counsel receives a timely challenge, they will send it to Publix for processing. Publix will review the submission and inform the claimant of the result through individualized notice. Publix will provide Class Counsel with a list of all such results, in a computer file
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Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 63 of 83
format specified by Class Counsel. Claimants who are still disqualified from relief altogether shall have a right to appeal their disqualification to the Manager of HR Investigations (or designee) within fourteen (14) days from the date notice was sent; claimants will not have a right to appeal to the Manager of HR Investigations (or designee) the decision on whether his or her termination was inaccurately coded.
d. Claimants whose disqualification appeal is denied by the Manager ofHR Investigations (or designee) will be sent individual notice by Publix by United States mail. Class Counsel will also be notified of the results of all such appeals, in one comprehensive report provided in a computer file format specified by Class Counsel. After this notice, a claimant who believes he or she should not be disqualified under the conditions set forth in Sections XIV.C.4 and 5 may within fourteen (14) days further contest this disqualification by notice to Class Counsel and Puhlix; this process shall not apply to decisions by Publix about the proper coding of a termination.
e. IfPublix and Class Counsel cannot resolve by agreement any such claimant's disqualification status, such a claimant may then appeal to an Awards Arbitrator for a determination of the claimant's
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Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 64 of 83
status, and must file any such appeal within fourteen (14) days after being
notified by Class Counsel that he or she had not successfully resolved the dispute. The Awards Arbitrator's determination shall be final, binding and non-appealable. The Awards Arbitrator shall review only disqualification decisions, not termination coding decisions.
f. If Class Counsel determines that any individual who files a claim form pursuant to Section XIV.C.I is not a memher of the Settlement Class, or otherwise determines that the claimant is ineligible to recover a discharge monetary award, Class Counsel shall send individual notice of that determination to the claimant by United States mail, at the address indicated on the initial claim form. The notice shall briefly explain the fact of and reason for this determination of ineligibility. The claimant may appeal this determination to the Awards Arbitrator within thirty (30) days after mailing of the notice by Class Counsel. The Awards Arbitrator' s determination shall be final, binding and non-appealable.
7. Except as provided in Sections XIV.E and J, the Formula Discharge Payments Pool of $5,450,000 shall be distributed to claimants who meet all requirements and are not disqualified, according to a point formula based upon the former associate's hourly pay rate at the time of
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Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 65 of 83
discharge, Full-Time or Part-Time status at that time, and reason for discharge, all as recorded on Publix's Human Resources database. Before allocating any portion of the Formula Discharge Payments Pool to payments under Section XIV.C, the Formula Discharge Payments Pool first shall be adjusted as set forth in Sections XIV.E and J.
a. For each non-disqualified claimant, Base Points shall be awarded according to the following formula: 5 Base Points if the former associate's hourly pay rate at time of discharge was below $6.00; 7 Base Points if the former associate's hourly pay rate at time of discharge was between $6.00 and $7.99; 9 Base Points if the former associate' s hourly pay rate at time of discharge was between $8.00 and $9.99; and II Base Points if the former associate's hourly pay rate at time of discharge was $10.00 or above.
b. For each non-disquaiified claimant, a Multiplier shall be assigned according to the following formula :
(1) a Multiplier of 4 if the former associate was at the time of discharge classified as Full-Time by Publix and has a discharge reason code on the Publix Human Resources database other than 43, 44, 45, 46, 47,48, 60 or 61;
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Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 66 of 83
(2) a Multiplier of 2 if the former associate was at the time of discharge classified as Full-Time by Publix and has a discharge reason code on the Publix Human Resources database of 43, 44,45,46,47, 48,60 or 61 ;
(3) a Multiplier of2 if the former associate was at the time of discharge classified as Part-Time by Publix and has a discharge reason code on the Publix Human Resources database other than 43, 44, 45, 46, 47, 48, 60 or 61; and
(4) a Multiplier of I if the former associate was at the time of discharge classified as Part-Time by Publix and has a discharge reason code on the Publix Human Resources database of 43,44,45, 46,47, 48, 60 or 61.
c. A non-disqualified claimant's points shall be calculated by multiplying his or her Base Points by his or her Multiplier.
d. A claimant shall have the opportunity to contest the accuracy of the Multiplier assigned to him or her through the procedure provided for in Section XIV.C.6, by establishing through appropriate proof either that the discharge reason code assigned to him or her is inaccurate, or
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Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 67 of 83
that he or she did not in fact commit the misconduct that caused him or her to have a discharge reason code of 43, 44,45, 46, 47,48,60, or 61.
e. Once all discharge claimants' points have been finalized, the value of a point shall be calculated by Class Counsel by dividing the total number of points awarded into the amount of the Formula Discharge Payments Pool, less any deductions pursuant to Sections XIV.E and J. Class Counsel shall use the foregoing formula to determine the appropriate amount to be distributed to each eligible Settlement Class member who has filed a timely claim, and has not been disqualified from Payments (unless reinstated pursuant to Section XIV.C.6, above). Once Class Counsel has certified fully to Publix the amounts to be disbursed from the Formula Discharge Payments Pool to individual Settlement Class members, in a computer file format specified by Publix, Publix will transmit checks for such amounts, less appropriate payroll withholding for federal, state and local income taxes, F.I.C.A. and any other legally required deductions, to the address for each recipient identified by Class Counsel. Publix shall deliver the checks within ninety (90) days following (i) receipt by Publix of the foregoing certification by Class Counselor (ii) the Final Approval Date, whichever is later.
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Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 68 of 83
D. Individual Allocations to the Class Representatives and the Testing Class Representative. Publix shall pay a gross total amount of $400,000 to the Class
Representatives and the Testing Class Representative. This gross total amount of $400,000 shall be distributed as follows : $55,000 to each Class Representative, and $15 ,000 to the Testing Class Representative. These amounts will be paid in exchange for a general release of all claims, and in lieu of any recovery whatsoever under the formula awards and deponent awards available to other Settlement Class members. Publix will transmit checks for these amounts, less appropriate payroll withholding for federal, state and local income taxes, F.I.C.A. and any other legally required deductions, to Class Counsel within forty-five (45) days after the Final Approval Date as to each such individual who bas executed the full release referred to in Section VIILA.2 and XIV.A.3 and has not opted out under Section VII.D. The payments made to the Class Representatives and the Testing Class Representative under this section shall be allocated in accordance with Section XIV.H.
E. Individual Allocations to Class Member Deponents. \. In addition to his or her allocation, if any, from the
Formula Promotion Payments Pool or Formula Discharge Payments Pool,
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Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 69 of 83
any member of the Settlement Class (other than a Class Representative or Testing Class Representative) who was deposed in this action shall be paid an allocation of $3,000 per full or partial day of deposition testimony. A list of Settlement Class member deponents is attached as Exhibit 3.
2. The $51,000 in total allocations under this Section XIV.E will be deducted from the formula pools before any allocations are made from those pools under Sections XIV.B and C. $36,000 shall be deducted from the Formula Promotion Payments Pool and $15,000 shall be deducted from the Formula Discharge Payments Pool.
F. Recipients' Responsibilities. It shall be the sole responsibility of each member of the Settlement Class who seeks a monetary award to advise Class Counsel promptly of his or her change of address. A Settlement Class member' s failure to keep Class Counsel apprised of his or her current address may result in his or her request for an award being denied. G. Awards Arbitrator.
1. Within thirty (30) days after the Final Approval Date, Class Counsel and Publix shall select an Awards Arbitrator to be approved by the Court. The Awards Arbitrator shall resolve all disputes arising under
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this Section, unless othetWise provided herein, and shall also perfonn any other duties and responsibilities assigned to the Awards Arbitrator under this Decree.
2. All determinations of the Awards Arbitrator are final, binding, and non-appealable.
3. In the event that the Awards Arbitrator resigns or is otherwise unable to perfonn his or her duties under the Decree, Class Counsel and Publix shall select a new Awards Arbitrator, subject to approval by the Court.
H. Allocation ofMonetarv Awards. I . All distributions of individual monetary awards to the
Settlement Class members who are entitled to receive awards shall be allocated by Publix between back pay, front pay, and prejudgment interest, in respective proportions as warranted by the facts and the law. In light of the duration of this litigation and the statutory limitations period covered by it, the parties stipulate that such a reasonable allocation for Settlement Class members other than the Class Representatives and Testing Class Representative is 75% back pay and front pay and 25% prejudgment interest.
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2. In light ofthe time, effort and expense incurred by the Class Representatives on behalf of the Settlement Class, their assumption of the risks and potential liability for Publix's taxable legal costs, and their execution of a release of all claims against Publix, whether or not related to Race Discrimination, the parties stipulate that a reasonable allocation for payments to the Class Representatives and the Testing Class Representative is 60% compensatory damages, 30% back pay and front pay, and 10% prejudgment interest.
3. Before distribution, the Company shall calculate and deduct from each Settlement Class member's total gross award the appropriate payroll withholding for federal, state and local income taxes, FICA and any other legally required deductions.
I. Distribution of Uncashed Awards. Any portion of the Formula Promotion Payments Pool or the Formula Discharge Payments Pool that is not received by Settlement Class members due to the failure of those individuals to properly cash their award checks within six (6) months ofthe date on the check or otherwise to fulfill their obligations under this Decree shall be distributed to one or more United Negro College Funds in Florida and/or Georgia. Any individual allocation
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to a Class Representative or Testing Class Representative that is not received by the individual within six months following the Final Approval Date because the individual has not executed the necessary release or has not cashed his or her check will revert to Publix.
J. Opt-Out Credits. 1. In the event that any member of the Settlement Class
elects to "opt-out" pursuant to the procedures established by the Court in its Order preliminarily approving the Decree, the total gross amount to be distributed by Publix through the two formula pools shall be decreased by an amount as set forth below ("the Opt-Out Credit"). An Opt-Out Credit for a Settlement Class member who was coded on the Publix Human Resources database as having been discharged during the class period shall be subtracted from the Formula Discharge Payment Pool. All other Opt-Out Credits shall be subtracted from the Formula Promotion Payment Pool. Publix shall receive no Opt-Out Credit with respect to any Settlement Class memher who on the Preliminary Approval Date has a pending lawsuit in state or federal court, and all such individuals shall be deemed automatically to have opted out of the Settlement Class unless they affirmatively express a desire to participate in this Settlement hy filing a claim form and dismissing
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Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 73 of 83
with prejudice their individual lawsuit before the deadline for filing claim forms.
2. Publix shall receive an Opt-Out Credit of $55,000 for each Settlement Class member who opts out and is a Class Representative.
3. Publix shall receive an Opt-Out Credit of$15,000 for each Settlement Class member who opts out and is a Testing Class Representative.
4. Publix shall receive an Opt-Out Credit of$IO,OOO for each Settlement Class member who opts out and who was discharged by Publix during the relevant class period.
5. Publix shall receive an Opt-Out Credit of $2,500 for each Settlement Class member who opts out and does not meet any of the categories set forth in Section XIV.J. 2, 3 or 4, above.
K. Costs of Decree Administration. Publix shall pay the following costs associated with the administration of the Decree and distribution of the monetary awards hereunder, and no other such costs:
I. the fees and expenses of the Awards Arbitrator;
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Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 74 of 83
2. the costs of producing and mailing or otherwise distributing the checks containing the individual monetary awards to Settlement Class members; and
3. the calculation and submission of all necessary employment and withholding taxes and other legally required deductions and documentation to appropriate government agencies, and the distribution of all W-2 and 1099 forms to each Settlement Class member, as provided in Section XIV.H, provided, however, that individual Settlement Class members at all times remain fully responsible for ensuring the appropriate payment of employment and income taxes on their individual monetary awards hereunder.
XV. ATTORNEYS' FEES. COSTS AND EXPENSES A. Basis for Award of Fees. Costs and Expenses. I . The parties have agreed that it is appropriate as part of
the settlement underlying this Decree for Publix to pay to Class Counsel, on behalf ofthe Class Representatives, the Testing Class Representative and the Settlement Class, reasonable attorneys' fees, litigation expenses, and costs in this case.
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2. The Company has agreed to pay Class Counsel an award of reasonable attorneys' fees, litigation expenses, and costs in the amount of One Million Eight Hundred Thousand dollars ($1,800,000) for work performed and costs and expenses incurred through and including the Approval Date. Included in this amount is approximately $250,000 for litigation costs and expenses incurred by Class Counsel. This amount of $1,800,000 fully satisfies any arguable obligation tbe Company may have to pay attorneys' fees, litigation expenses, and costs for and on behalf of the named plaintiffs, the Class Representatives, the Testing Class Representative, and the Settlement Class for any and all work performed and costs and expenses incurred through and including the Approval Date.
3. The Company also has agreed to pay Class Counsel an award of reasonable attorneys' fees, litigation expenses, and costs for work required to be performed by Class Counsel after the Approval Date pursuant to this Decree. The Company agrees that Class Counsel shall be paid such attorneys' fees, expenses and costs, in the amount of Six Hundred Thousand dollars ($600,000), for work performed and costs and expenses incurred after the Approval Date relating to monitoring, administration and implementation and defense of the Decree. This amount satisfies any
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Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 76 of 83
arguable obligation the Company may have to pay attorneys' fees, expenses and costs to Class Counsel for any and all work performed and costs and expenses incurred after the Approval Date of the Decree for the monitoring, administration, implementation and defense of the Decree, including any challenges to the lawfulness of any new or modified testing mechanisms or scoring methodologies, or to any new Minimum Qualifications for Goal Positions.
4. Nothing herein shall be interpreted to preclude Publix from seeking attorneys' fees, expenses and costs incurred in litigating
enforcement matters according to Title vn law applicable to a prevailing
defendant. B. Payment of Award. I . Within forty-five (45) days following the Final Approval
Date, the Company sball pay to Class Counsel the entire $ 1,800,000 award, for litigation-related attorneys' fees, expenses and costs as set forth in Section XV.A.2.
2. The attorneys' fees, expenses and costs awarded and agreed to be paid by the Company pursuant to Section XVLA.3 shall be paid
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according to the following schedule, but no such payment shall be made

before the Final Approval Date.

January 15,2002

$450,000

January 15, 2003

S 50,000

January 15,2004

$ 20,000

January 15,2005

$ 20,000

January 15,2006

$ 20,000

January 15,2007

$ 20,000

January 15, 2008

S 20,000

1J-
IT IS SO ORDERED, ADmDGED AND DECREED this iL~ r

¥ ' day of.J"U.1. 200L

[signatures appear on next page)
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Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 78 of 83

C. Geoffrey Weirich, Esq. Georgia Bar No. 746455 T. Robert Reid, Esq. Georgia Bar No. 600138 PAUL, HASTINGS, JANOFSKY &WALKERLLP Suite 2400 600 Peachtree Street, N.E. Atlanta, Georgia 30308 (404) 815-2400

P. Ke riggs, Esq. Flori Bar No. 106011 John . Davis, Esq. Florida Bar No. 0827770 SPRJGGS & DAVIS 324 West College Avenue Tallahassee, Florida 32301

Class Counsel

Florida Bar No. 858315 Kevin M. Smith, Esq. Florida Bar No. 331724 TRENAM, KEMKER, SCHARF, BARKIN, FRYE, O'NEILL &
MULLIS Suite 2700 10 1 East Kennedy Boulevard Tampa, Florida 33602 (813) 223-7474

Walter E. Aye, Esq. Florida Bar No.207438 Aye Law Firm, P.A. 610 W. Azeele Street Tampa, Florida 33606
Local counsel for Plaintiffs

Counsel for Defendant Publix Super Markets, Inc.

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Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 79 of 83
Check Release
By endorsing this check, I hereby release all Race Discrimination claims within the scope of the Consent Decree in Middleton v, Publix. Case No, 8:97-cv-760-T-27E,
Consent Duree - Exhibit 1

Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 80 of 83

RELEASE OF CLAIMS _ _ _ _ _ _ _ _~, his/her agents, heirs, personal representatives, successors and/or assigns, jointly and severally. for and in consideration afthe mutual promises, terms and
conditions set forth in the Consent Decree entered in Middleton. et aI. v, Publix Super Markets. Inc.. et aI., Case No. 8: 97-cv-760-T-27E (the "Middleton Action"), including but not limited to the gross monetary award ofS55,ooO.00 allocated to himlher thereunder, less applicable withholding, the sufficiency of which consideration is expressly acknowledged, does hereby fully. final1y and forever release and discharge Publix and its subsidiary corporations and limited
liability companies, and their respective officers, directors, managers, agents, employees,
successors andlor assigns, and anyone acting in concert with or on behalf of them. and their respective pension, profit sharing, savings and other employee benefit plans of whatsoever nature, and those plans' respective trustees and administrators. orand from any and all past andlor present claims, demands, actions, causes of action, suits, damages, liabilities, assessments, judgments, costs, losses, debts, obligations and expenses, of any and every nature whatsoever (collectively "Claims"), whether or not known, allegedly incurred by _ _ _ _ _ _ __ because of any claimed unlawful race discrimination or any other allegedly illegal action by Publix whatsoever occuning at any time on or before the Preliminary Approval Date. Such released Claims include, but are not Brnited to, those arising in any way out of the alleged facts, circumstances. and occurrences underlying the allegations which might have been asserted against Publix either in the original complaint or in any and all subsequent amended complaints filed by plaintiffs in the Middleton Action, which include allegations arising from: (i) alleged violations ofTitle VII ofthe Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000 el seq.; (ii) alleged violations of Section 1981 of the Civil Right. Act of1866, 42 U.S.C. § 1981; (iii) alleged violations of the Florida Human Rights Act of 1977, as amended by the Florida Civil Rights Act of 1992, Chapter. 760, Fla. Stat.; (iv) any other applicable federal or state laws prohibiting race discrimination; and (v) all alleged facts, circumstances, and occurrences underlying any and all administrative charges of race discrimination filed by [himlher] against Publix. In addition, such

1

CODJeDt Decree - Emibit 1

Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 81 of 83

released Claims include, but are not limited to any and all allegations arising under: (1) other anti-discrimination statutes, such as the Age Discrimination in Employment Act, the Equal Pay Act, the Americans with Disabilities Act, and any other federal, state or local laws prohibiting employment discrimination of any type~ (2) other federal employment statutes, such as the WARN ACT, the Employee Retirement Income Security Act of 1974, the Fair Labor Standards Act of 1938, and the Family and Medical Leave Act of 1993; (3) other laws, such as any federal, state, or local law enforcing express or implied employment contracts or requiring an employer to deal with employees fairly or in good faith~ and (4) any other federal, state or local law providing recourse for alleged wrongful discharge, physical or personal injury, emotional distress, fraud, negligent misrepresentation, or defamation.
IN WITNESS WHEREOF, the undersigned individual has hereunto set [his/her] name and signature this _ __ day of _ _ _ _ _ _~, 2001, in the presence ofa notary public.

Signature

Printed Name

Sworn to and subscribed before me on

this _ _ day of

, 2001.

Social Security Number

Notary Public

2

ConlCnt De<:ree - EDibit 2

Case 8:97-cv-00760-JDW Document 373 Filed 07/12/01 Page 82 of 83
CLASS MEMBER DEPONENTS
Gloria Beckham - 1 day (4/11/00) Clarence Bryant - 1 day (4114/00) Walter Crawley - 1 day (312100) Melanie Gleabes-Dunn - 1 day (4112/00) Rebecca Gold - 1 day (9116197) Adrain ClTaham - 1 day (4/4/00) Liem David Hutt - 1 day (4119100) Charles D. Johnson - 1 day (2118/00) John Lowery, Jr. - 1 day (3/7/00) Rhonda Moore - 1 day (2123/00) Shawn Myers - 1 day (3/8/00) Paul Orilien - I day (3/7/00) Patricia Peterson - 1 day (9119197) Sonya Shelton - 1 day (9/22197) Reginald Snelling - 1 day (9112197) Herbert Thompson - 1 day (9117/97) Annie Walker-I day (4112100)
CoateDt Decree - Exhibit 3

Case 8:97-cv-00760-JDW FDoIcuLmeEnt 37C3 OFPiledY07/12/01 Page 83 of 83
Date Printed, 07/12/2001
Notice sent to:
J Peter Kent Spriggs, Esq. Spriggs and Davis 324 W. College Ave. Tallahassee, FL 32)01
Walter E . Aye, Esq.
Walter Edwards Aye, P.A.
610 W. Azeele Tampa, FL 33606
J Marvin E. Barkin, Esq .
Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A.
101 E . Kennedy Blvd . , Suite 2700 P.O . Box 1102
J Tampa, FL 33601-1102 William B. Hill Jr., Esq. Paul, Hastings, Janofsky & Walker LLP 600 Peachtree St., N.E., Suite 2400 Atlanta, GA 30308-2222
J John J. Gallagher, Esq. paul, Hastings, Janofsky & Walker 1299 Pennsylvania Ave., N.W. 10th Floor
J Washington, DC 20004-2400 Jeffrey R. Freund, Esq. Bredhoff & Kaiser 1000 Connecticut Avenue NW Washington, DC 20036
J L. Page Kennedy. Esq. Bredhoff & Kaiser 1000 Connecticut Avenue NW Washington, DC 20036
Howard S. Susskind, Esq. Sugarman & Susskind, P.A. 2801 Ponce de Leon Blvd.
) Suite 700 Coral Gables, FL 33134
Steven R. Andrews, Esq . Steven R. Andrews, P.A. 822 N. Monroe St. Tallahassee, FL 32303

 </s> Fll~ Case 8:97-cv-00760-JDW Document 372 Filed 07/12/01 Page 1 of 4

UNITED STATES DISTRICT COURT 01 JUL 12 PH 2: 55
MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

LEMUEL MIDDLETON, et aI.,

Plaintiffs,

vs.

Case No. 8:97-CV-760-T-27TBM

PUBLlX SUPER MARKETS,

Defendant. ______________________~I

ORDER THIS CAUSE came on forconsideration upon the Report and Recommendation of Magistrate Judge Thomas B. McCoun III recommending final approval of the proposed consent decree and settlement class. On January 3, 2001, this Court gave preliminary approval to a proposed Consent Decree representing a settlement of all remaining issues in this litigation. See Dkt. 349. The Magistrate Judge conducted a fairness hearing on the proposed Consent Decree on June 18, 200 I, pursuant to the provisions of Rule 23(e), Federal Rules of Civil Procedure. Upon consideration ofthe Report and Recommendation ofthe Magistrate Judge and upon the Court's independent examination of the file, the Report and Recommendation is adopted and confirmed and made a part hereof, with the following exceptions and/or additional findings: A. The Court makes no detennination on the merits of the Plaintiff's

Case 8:97-cv-00760-JDW Document 372 Filed 07/12/01 Page 2 of 4
discrimination claims nor does the Court make a determination as to the liability of Publix Super Markets, Inc. on the Plaintiffs underlying claims. B. Associates who were discharged before their 90th day of continuous employment or before they reached age 20, but who did not opt out, are members of the Settlement Class and are bound by the terms of the settlement. Because these persons had the opportunity to opt out and seek their own legal remedies, making them ineligible for an individual monetary ward from the Formula Discharge Payments pool is supportable. C. The Court finds that the broader scope of release provided by Class Representatives (i.e. any other allegedly illegal actions) provides additional justification for their potentially larger monetary awards than those available to Settlement Class members generally. Accordingly, it is ORDERED AND ADJUDGED: I. The Court hereby approves the proposed Consent Decree in its entirety subject to the additional findings stated above. The Court will enter the proposed Consent Decree contemporaneously with this Order. 2. The Court finds that Maurice E. Daniels, Theresa R. Orelus, Valentina Elena Washington, Barbara Stephens, Camille lohnson, Emmanuel

Case 8:97-cv-00760-JDW Document 372 Filed 07/12/01 Page 3 of 4
Joseph, Maurice Devon Hartage, Jewell Moore, Shunquita M. Ogletree, and Cynthia E. Moore have timely and successfully opted-out of the settlement class. 3. The Court approves Kenneth R. Hart as the awards arbitrator by way of separate order granting the Joint Motion Requesting Approval of Kenneth R. Hart as Awards Arbitrator. ~ Okt. 368. 4. All pending motions are denied as moot. 5. The Clerk is directed to close this case.
jL, DONE AND ORDERED in chambers this July 200 I.

Copies to: Counsel of Record Courtroom Deputy Law Clerk

d States District Judge

Case 8:97-cv-00760-JDWF DI oLcumEent 3C7O 2 PFilYed 07/12/01 Page 4 of 4
Date Printed: 07/12/2001

Notice sent to:

Peter Kent Spriggs, Esq.

Spriggs and Davis
324 w. College Ave.

Tallahassee, FL 32301
J Walter E. Aye, Esq.

Walter Edwards Aye, P.A.

610 W. Azeele

J Tampa, FL 33606 Marvin E. Barkin, Esq.

Trenam, Kemker, Scharf, Barkin,

Frye, O'Neill & Mullis, P.A.

101 E. Kennedy Blvd., Suite 2700

P.O. Box 1102

j

Tampa, FL 33601-1102

William B. Hill Jr., Esq.

Paul, Hastings, Janofsky & Walker LLP

600 Peachtree St., N. B., Suite 2400

Atlanta, GA 30308-2222

J John J. Gallagher, Esq.

Paul, Hastings, Janofsky & Walker

1299 Pennsylvania Ave., N.W.

10th Floor

j Washington, DC 200 04-2400 Jeffrey R. Freund, Esq.

Bredhoff & Kaiser

1000 Connecticut Avenue NW

Washington, DC 20036
J L. Page Kennedy, Esq.

Bredhoff & Kaiser

loaD Connecticut Avenue NW

J washington, DC 20036 Howard S. Susskind, Esq.

Sugarman & Susskind, P.A.

2801 Ponce de Leon Blvd.

J Suite 700 Coral Gables, FL 33134 Steven R. Andrews, Esq.

Steven R. Andrews, P.A.

822 N. Mon roe St.

Tallahassee, FL 32303

 </s> Case 8:97-cv-00760-JDW Document 257 Filed 03/22/99 Page 1 of 28
3-d)~9~ L E £

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

D~

01.

C RK, u.s. mSTRJCT COtTR

IDDLE DIS nUCT G2:< FLORI!:

TtiIHPA, fLORiDA

LEMUEL MIDDLETQI,REGINALD LEWIs( SHARON FLOWERS', GASTON./' HAZLEWOOD, ~YNTHIA JONES..McCALlJ( ~WILLIE JONE~ JOYA FULTONY
KEg {'CHARMAINE WASHINGTON, VICTOR and ANDREW LOVETT.I
individually and on behalf of
all other persons similarly situated,

Plaintiffs,

v.
PUBLIX SUPER MARKETS, INC.,

Case No. 97-7~0-CIV-T-25E CLASS ACTION

Defendant.
----------------------------~/
PLAINTIFFS' FIRST AMENDED CLASS ACTION COMPLAINT INJUNCTIVE RELIEF SOUGHT

Plaintiffs sue Defendant and state:

JURISDICTION OF THE COURT

1. This case is brought as a class action under 42 U.S.C. § 1981, Title VII of the Civil

Rights Act of 1964, as amended, (42 U.S.C. § 2000e et seq.) and the Florida Human Rights Act of

1992, Chapter 760, Florida Statutes.

2. Jurisdiction ofthis Court is founded upon 28 U.S.C. §§ 1331, 1343 and 1367 and 42

U.S.C. § 2000e-5(f)(3).

3. Venue is proper under 28 U.S.C. § 1391 (b) and 42 U.S.C § 2000e-5(f)(3).

;X57

Case 8:97-cv-00760-JDW Document 257 Filed 03/22/99 Page 2 of 28

4. The Plaintiffs have satisfied the administrative prerequisites to suit under Title VII

and the Florida Human Rights Act of 1992, Chapter 760, Florida Statutes.

PLAINTIFFS

5. Each of the Plaintiffs is a black applicant for employment, black employee, or black

former employee of Publix Super Markets, Inc., as described more fully in this Complaint.

DEFENDANT

6. Defendant Publix Super Markets, Inc., (hereafter "Publix") is a corporation with

headquarters in Lakeland, Florida. It operates approximately 550 retail grooery stores, primarily in

Florida and Georgia, warehouses at each of its four divisions (some with satellite warehouses), and

plants which produce such foods as dairy, deli and bakery products.

CLASS ACTION ALLEGATIONS

7. This action is brought as a class action under Fed.R.Civ.P. 23. The class consists of

all present, former, and future black employees and applicants for emploYint with the Defendant

alleging discrimination based on race.

I

In Retail:

(a) hiring;

(b) promotion and transfer to better jobs including transition from part-time to full-time,

assignment to more lucrative positions within a given job title, and being pa$ed over for jobs in

favor of white persons hired from outside the Publix workforce;

(c) discharge and constructive discharge.

2

Case 8:97-cv-00760-JDW Document 257 Filed 03/22/99 Page 3 of 28
v
In Nonretail: (a) discharge and constructive discharge in all four divisions; and (b) hiring at the Jacksonville warehouse, the only nonretail facility in :he Jacksonville Division. 8. Numerosity: Subsection (a)(1) of Rule 23 is satisfied in that tr class is so numerous that joinder is impracticable. The number of current and former black employees from 1993-97, on information and belief, is circa 50,000 which does not include black applicants for employment. 9. Commonality: Subsection (a)(2) is satisfied in that there are questions of fact and law common to the members of the class: to wit, has and does Publix maintain a continuing pattern and practice of discrimination against black persons in employment. 10. Publix has highly centralized and subjective personnel policies. and practices which operate across all of the operations alleged in the class described above. The decision making process in the retail stores for hiring, promotions, and discharge is based on highly subjective criteria in that managers make such decisions without resort to written guidelines which would materially guide their discretion. At most times relevant to this action, in the retail stores Publix did not post jobs and selected managers based on the "tap on the shoulder" system. The same subjective policies and practices were used in selecting persons for discharge in all nonretail jobs and for hiring in the Jacksonville warehouse. 11. These common personnel polices and practices raise common issues of fact for purposes of Fed.R.Civ.P. 23(a)(2).
3

Case 8:97-cv-00760-JDW Document 257 Filed 03/22/99 Page 4 of 28
v
12. The Plaintiffs' theories of liability, that Publix is guilty of both disparate treatment and disparate impact against the Plaintiffs and the class, raise common issues of law for purposes of Fed.R.Civ.P. 23(a)(2).
13. TyPicality: Subsection (a)(3) is satisfied in that the claims oft!le representative Plaintiffs are typical of the class as a whole. The representative parties as a gl!oup represent each of the practices complained of herein, including failure to hire, failure to promote, and discharge. The representative Plaintiffs Jones-McCall and Washington have been discriminatorily denied employment as applicants for retail jobs. Plaintiffs Fulton, Hazlewood, Middleton, Lewis, JonesMcCall, Jones, Washington and Flowers suffered discriminatory failure to promote in the retail sector ofPublix's employ. Plaintiffs Lewis, Flowers, and Washington were discriminatorily discharged. Plaintiffs Lovett and Kee have been discriminatorily discharged from nonretail positions.
14. Adequacy of Representation: The named Plaintiffs will adequately represent the class. The Plaintiffs desire to represent the class, do not have interests antagonistic to the rest of the class, and have retained counsel experienced in class action litigation of employment discrimination claims.
15. This action is brought under subsection (b)(2) of Fed.R.Civ.P. 23 in that Publix has acted or refused to act on grounds generally applicable to the class, maki~ appropriate declaratory and injunctive relief with respect to the class a whole. In the alternative, Plaintiffs seek certification under subsection (b)(3) of Fed.R.Civ.P. 23.
RACIALLY DISCRIMINATORY PRACTICES
4

Case 8:97-cv-00760-JDW Document 257 Filed 03/22/99 Page 5 of 28
16. Publix has maintained a pattern and practice of racial discrimination against black applicants and employees in retail outlets in the following ways:
(a) failing to hire black applicants on terms equal to white applicants; (b) selecting white new hires for positions for which black incumbClmt employees are more qualified; (c) failing to promote black employees on terms equal to white employees, including from part-time to full-time employment; and (d) discharging and constructively discharging black employees on tenns less favorable that those afforded white employees. Publix has maintained a pattern and practice of racial discrimination against black applicants and employees in nonretail operations in the following ways: (a) discharging and constructively discharging black employees on terms less favorable that those afforded white employees; and (b) failing to hire blacks on terms equal to white applicants at the Jacksonville warehouse.
ALLEGATIONS OF REPRESENTATIVE PLAINTIFFS Lemuel Middleton
17. PLAINTIFF LEMUEL MIDDLETON commenced his employment with Publix as a part-time Bagger in 1986 at Store 259 in St. Petersburg and was promoted to part-time Produce Clerk. In 1988, Middleton went on military leave. He served in the Marines from 1988-1992 including Operation Desert Storm.
18. After his military service, in 1992~ Middleton returned to PfliX to the same store,

Case 8:97-cv-00760-JDW Document 257 Filed 03/22/99 Page 6 of 28
beginning as a part-time Stock Person. Shortly thereafter, he advanced to full-time status and later became a Lead Stock Person with responsibility for Frozen Foods.
19. During this time, the Store Manager, Richard Hayes, told Middleton that he would be trained for store management. However, Hayes refused to provide him with the full training required for employees to progress into management.
20. Middleton went to the District Manager to inquire about pr()I11otional opportunities. He pointed out his experience commanding Marines during Operation Desert Storm. He was told he would have to wait.
21. Eventually, one of the store's assistant managers, Robert Molldene, told Middleton that he was going to train him since the Store Manager, Hayes, WOuld not do it. Later, Molldene told Middleton that Hayes had told him to stop the training. Mollckne also told Middleton that Hayes had no intention of promoting him into management.
22. White employees who were less qualified were promoted to Second Assistant Manager.
23. Needing to know his Store Manager's intentions, Middleton tokl him that ifhe was not going to be trained and promoted he would have to leave to advance his career. His Manager said he "did not know," which Middleton took to be a rejection of his request. His career at a dead end, Middleton left approximately one month later in January. 1995.
24. Middleton is currently an insurance salesman.
Reginald Lewis
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Case 8:97-cv-00760-JDW Document 257 Filed 03/22/99 Page 7 of 28
25. PLAINTIFF REGINALD LEWIS was hired by Publix as a part-time Stock Person in Jacksonville in August, 1988. Approximately seven months later, he was promoted to full-time Stock Person.
26. In October of 1992, Lewis was offered the position of Second Assistant Manager in store No. 431 in Brunswick, Georgia. Although this was a great inconvenience to Lewis and his family because it forced him to work over 50 miles from his family in Jacksonville, he accepted the transfer because he believed that the transfer would be a true promotion into management and would provide him the opportunity to obtain the management training and skills that are necessary to progress further in Publix management. Lewis hoped to one day become a Store Manager for Publix.
27. Just before Lewis's promotion, the Brunswick store had been picketed by a civil rights group that alleged that Publix engaged in racial discrimination in their employment practices. When Lewis arrived, he was placed out front to greet customers and was told that he was a "token."
28. The all-white management team at No. 431 did not welcome Lewis. He was not allowed to perform the full range of duties normally assigned to Second Assistant Managers. Rather, Lewis was given insubstantial, non-management duties that proved th3t the "token" label given to him was, in fact, accurate.
29. The Assistant Store Manager at No. 431 treated the black employees disrespectfully referring to them with racial slurs such as "nigger." Lewis, himself, was called "boy" and "midnight oil" by the other Second Assistant Manager. The Store Manager condoned
7

Case 8:97-cv-00760-JDW Document 257 Filed 03/22/99 Page 8 of 28
v
a white Cashier calling Lewis "buckwheat" and refused to allow Lewis to write her up. 30. Once he was transferred into the Second Assistant Manager position, he was
permitted neither to perform the true duties of that job nor participate meamingfully in the management of the store. For this reason, Lewis believed that he had no real chance of achieving his goal of rising to the further levels of management.
31. In approximately July of 1993, Lewis was falsely accused of srealing from the company. He was suspended for two weeks and had his store keys taken from him. The company's investigation of Lewis's alleged wrongdoing showed that he had been wrongly accused. Despite this, however, Lewis did not receive an apology and thenceforth was used essentially as a Stock Person in the Brunswick store.
32. In August 1993, Lewis was transferred back to a store in Jacksvnville. After Lewis had returned to Jacksonville, the Bakery Manager at the Brunswick store called him and said that he believed Lewis was going to be fired. Soon thereafter, Lewis was accused of theft by Assistant Director of Retail Operations, Ralph Phillips. Lewis was detained in a back room at the store and told that he had stolen from the company. During these accusatfns, District Manager Charles Harper physically blocked the doorway to stop Lewis from leaving the room where he was being accused and interrogated. Lewis swore that he was not guilty. He was told that if he admitted to the theft, he could save his job, but that if he did not, the company would bring in outside investigators who would destroy him and he would lose his retirement which was approximately $6000. To save his job, Lewis admitted to a theft he did not do. He was fired immediately.
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Case 8:97-cv-00760-JDW Document 257 Filed 03/22/99 Page 9 of 28
33. After being fired, Lewis tried to contact the Human Resources Director for Jacksonville, Jim Bohannon, but Bohannon would not speak with him. He then telephoned Jessie Barton, Vice President, on three separate occasions, but Barton refused to talk to Lewis on each occasion.
34. Lewis is currently a Produce Manager with Albertson's Food Stores. Sharon Flowers
35. PLAINTIFF SHARON FLOWERS went to work for Publix in approximately November 1990 as a part-time Bakery Clerk at store 38 in St. Petersburg, Florida.
36. In August 1991, she was promoted to a pack-out position in the Bakery, but still as part-time, even though she often worked up to 55 hours per week. Flowers had been interested in full-time employment from the day she was hired, and in Janlilary 1992, she began actively requesting it. In March 1992, her Bakery Manager, Michael Masi, assured her that she and another Bakery employee who was white were next in line to be full-time.
37. In late October 1992, Flowers went on maternity leave. Just before this Masi assured her that her pack-out position would be held open for her return.
38. In February 1993, Flowers returned from maternity leave to find her position had been given to a white employee. During the same period, another white empl~yee who returned from maternity leave was given back her former position.
39. Because she lost her former position, Flowers asked to be assigned to another store. Her request was denied and, instead, she was given a Front Service Person (bagger) position. Her hours were significantly reduced.
9

Case 8:97-cv-00760-JDW Document 257 Filed 03/22/99 Page 10 of 28
40. After this, Flowers began asking her Store Manager, David Andrews, for a Cashier position pointing out that in addition to her Publix sales experience, she had two years at Winn-Dixie as a Cashier. She was told that she would have to "prove herself' first. She worked the Front Service Person position for about four months. During this time three or four Cashiers were hired, all of whom were white.
41. Around May 1993, Flowers filed a charge of discrimination with the EEOC. Only then did Publix respond by allowing her to be a part-time Cashier, but they did not compensate her for the lost earnings.
42. A short time later in October 1993, Flowers was transferred ba~k to the pack-out position in the Bakery, again as a part-time employee. In approximately J1l11y :)f August 1994, the white Baker whom Masi had assured her she would be promoted to full-time along with, was made full-time. In October 1994, she asked Masi when she would get full.time status. Masi said he had to talk to the District Manager, John Reina, but never mentioned ill:er again.
43. After this conversation with Masi, two other Bakers, both ite, were made fulltime. In January 1995, another Baker, who again was white, was also made full-time. He had over a year less experience than Flowers. Then in July 1995, still another white Baker with less tenure received full-time status.
44. Flowers was not promoted to full-time status until February of1996, five years after she began working for Publix.
45. During late 1993 and all of 1994, Masi indicated that he was very pleased with her work and asked her to assist the Bakers. During that time, Flowers spent a significant amount of
10

Case 8:97-cv-00760-JDW Document 257 Filed 03/22/99 Page 11 of 28
v
time assisting the Bakers, such that she became trained in all aspects of baking. 46. Throughout this time, Flowers continued to be interested in full-time status with
Publix and promotion to the Baker position. Because of her responsibilities for her young child, she was not available for full-time work from the time that she returned from her maternity leave until approximately late 1994. At that time, Flowers informed Publix management that she desired a full-time position in the bakery.
47. In November 1994, Flowers overheard Masi telling the Store Manager, Andrews, and the District Manager, Reina, that he needed more help. Masi said he wanted to promote Flowers. Reina and Andrews insisted that Masi hire someone from the outsi&. After the conversation ended, Flowers asked Masi if he talked to Reina and Andrews about her promotion to Baker. Masi told her she would be coming over to bake by January.
48. In January 1995, Masi told Flowers that if she would be available on weekends he could give her further training for the Baker position. Flowers adjusted her availability immediately. She indicated to Masi that she was available every weekday for the 5:00 a.m. until 2:00 p.m shift and on alternating Saturdays. Flowers was to receive training on the alternating Saturdays in addition to that which she received during the weekday shifts. Masi scheduled Flowers accordingly and she began working these shifts in order to become a Baker.
49. Masi told Flowers that when he got a replacement for her in pack-out she would be promoted to Baker.
50. In early 1995, Mike Pasquesrella, who is white was hired as a Baker. He appeared to have little baking experience. Upon information and belief, at lea:;t one other new
11

Case 8:97-cv-00760-JDW Document 257 Filed 03/22/99 Page 12 of 28
white employee, Bill Osepczuk, was hired in early 1995 and given duties as a Baker. Osepczuk appeared to have no baking experience. Masi took Flowers off the schedule for the training days to which he had agreed. However, she worked for the next month training these new white employees.
51. Flowers continued to ask Masi about promoting her to Baker. Masi put her offby telling her he had to first fill her pack-out position.
52. In June 1995, Masi hired yet another Baker. As before, the Ba.l(er was white and appeared to have little experience.
53. In September 1996, after nearly six years on the job and having never been written up or disciplined and having consistently performed her job satisfacto;ily, Flowers was fired by her Store Manager for allegedly having failed to punch out her time card for a break. Ironically, the day on which Flowers was fired she was not scheduled to W()r~ but rather had come in to help out.
Gaston Hazlewood 54. PLAINTIFF GASTON HAZLEWOOD started working for Publix as a part-time Baker in January 1989. In June 1989, he became a full-time Baker at Store 39 in St. Petersburg. Later, he was transferred to Store 27 at the Gateway Mall. Not long after Hazlewood arrived at Store 27, his new Second Assistant Manager, Jim Hussey, had a pair of new shorts on. Hazlewood asked him about the shorts and Hussey commented, "I didn't have to chase the nigger too far to get them." 55. In 1991, Hazlewood was transferred to Store 7 in St. Petersburg and promoted to
12

Case 8:97-cv-00760-JDW Document 257 Filed 03/22/99 Page 13 of 28
Assistant Bakery Manager. His staff was all white and resisted taking directions from a black supervisor. When the subject of possibly hiring more blacks came up, Hazlewood's Bakery Manager commented, "What do they want us to do? Go up under the trees anj hire them?"
56. On another occasion, Hazlewood requested that a Baker, who was black, be transferred from another Publix store to work with him in the Bakery. His Store Manager, Sean Atkinson, said "I don't want that nigger in this store."
57. In October 1992, he was transferred back to Store 27. Later, L'1e Bakery Manager there left and, as Assistant Bakery Manager, Hazlewood was put in charge un"iil another Manager was brought in.
58. Starting in 1993, Hazlewood began asking to be promoted to Bakery Manager. By that time, Hazlewood was qualified for the manager position. He aske<l Jane Pixley, Regional Bakery Supervisor; Tommy Kline, District Manager; John Reina, Kline's successor as District Manager; and Sean Atkinson, his Store Manager. He was not offered any position.
59. In 1994, the Bakery Manager at Hazlewood's store left. Hazlewood asked for the promotion since he had already served as Assistant Bakery Manager. This request was denied. A white Assistant Bakery Manager junior to Hazlewood in bakery management was brought in from another store.
60. In 1994, Hazlewood again asked his District Manager, John Reina, for a promotion to Bakery Manager. Reina, supposedly alluding to his own experience, told Hazlewood that he would have to wait 6-10 years to get promoted. At this time white employees with less time as Assistant Bakery Managers at Publix than he had were being chosen for Bakery
13

Case 8:97-cv-00760-JDW Document 257 Filed 03/22/99 Page 14 of 28

Manager. This included Mike Ostrowski, who became an Assistant Bakery Manager in October

of 1992, approximately one year after Hazlewood was promoted into management.

61. In approximately December of 1994, Publix offered Hazlewood a lateral transfer

as an Assistant Bakery Manager at another store. Because this would involve no change in pay

or benefits for Hazlewood and would require a move to a new and unfamiliar 5tore, Hazlewood

considered the transfer to be a demotion and did not accept it. At that time, l-fuzlewood told his

superiors that he remained interested in promotion to the Bakery Manager position.

62. Subsequently, in April 1995, still stuck in the position Assistaut Bakery Manager,

insr« Hazlewood was reprimanded by his Store Manager Larry Hayes, at the

ofhis District

Manager, Reina, for allegedly not doing his work, a charge which was not true. Rather,

Hazlewood was out having knee surgery at the time of the alleged infraction. Hayes told

Hazlewood that ifhe did not sign the false reprimand, Publix would take more harsh and drastic

measures against him. Realizing that they intended to fire him, he quit that day.

63. Since leaving Publix, Hazlewood has attended the St. Petersburg Police Academy

and is pursuing a career in law enforcement.

Cynthia Jones-McCall

64. PLAINTIFF CYNTHIA JONES-McCALL was hired by Publix as a part-time

Cashier in January 1986 at the Pompano Beach store. In July 1986, she becaoe a full-time

Cashier and worked in that capacity until May 1994 when she went out on long tenn disability

due to an injury. She retired from Publix three months later in August 1994.

65. During McCall's more than eight years of service, she consistently received

14

Case 8:97-cv-00760-JDW Document 257 Filed 03/22/99 Page 15 of 28
satisfactory performance evaluations. including commendations from customers. 66. During these years. McCall received fewer increases in pay them similarly situated
white Cashiers. On one occasion when McCall asked her Store Manager. Alan Price. who is white. about a pay raise. Price told her in no uncertain terms that she had gotten all she was going to get.
67. In September 1996, McCall decided to reapply at Store 58. the Hub Plaza store in Fort Lauderdale. Florida. At that time. McCall spoke with Butch Felix, whom she understood to be the Store Manager. Felix. who is white. told her that in order for her to be hired by Publix, she would have to go back to her former Manager. Alan Price. Because she felt that Price had treated her in a racially discriminatory manner. she believed that contact with Price would be futile and did not do so even though she was very interested in working for P-.Iblix.
68. Then in October of 1996, McCall contacted Store 114 in Wilton Manors to apply for work. Butch Felix, with whom she had spoken at the Hub Plaza store. was the Store Manager there. Felix told her that she would have to call corporate headquarters in Lakeland about being hired. She did so and someone in personnel at the corporate headquarters told her that there was no special procedure and that she should just go to the store in which she SC!>ught employment and apply.
69. Remembering what Felix had earlier told her. McCall contactej her former Store Manager. Alan Price. Price told her to contact personnel in Lakeland and addi!d. sarcastically, "Good luck." Having just called Lakeland only to be told that she should conract the stores directly, McCall realized that she was not going to be hired at either of these stores.
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Case 8:97-cv-00760-JDW Document 257 Filed 03/22/99 Page 16 of 28
70. Then, later in October, she submitted an application to Store 591 in Sea Ranch Lakes, Florida. She understood that the store had been remodeled and was hiring a substantial number of new employees. She spoke with the Store Manager and Assistant Manager, who told her they would be in touch with her in a week. She had previously worked with the Assistant Manager, Craig Noville.
71. When she did not hear anything, McCall went to the store agab. Again, she was told that they would get in touch with her. When she still did not hear from the store, she returned and spoke again with the Store Manager and Assistant Manager. She asked them what she needed to do and they did not respond. She then made yet a fourth contact, calling the Store Manager. He said that he was waiting for her paperwork from Lakeland.
72. McCall was never contacted again and so, after multiple personal visits to the stores where she wished to apply and contact with corporate management, she realized that Publix was not going to hire her, despite the fact that she was qualified and el:gible for employment in each of the stores where she attempted to apply.
Willie Jones 73. PLAINTIFF WILLIE JONES was hired by Publix in July 198'7 as a part-time Front Service Clerk (bagger) at Store 311 in Temple Terrace, Florida. He resigned his employment with Publix in approximately March of 1995. 74. Commencing in 1990, Jones repeatedly asked his Store Manager for a promotion to Stock Person at the store. Jones assured his Store Manager that he could work as many hours as assigned. The Second Assistant Manager told Jones he was "not ready yet."
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75. Nonetheless, Jones was assigned to stock once a week. The stocking position involved increased responsibilities and more difficult work than those of tine Front End position. For these reasons, it was considered a higher position and paid more. Despite this, Jones was never paid as a stocker during his assignments to the duties of that job. Beca~se he continued to be paid as bagger while performing stocking duties and was never given any hope to receive a raise commensurate with his new duties, Jones stopped requesting temporary :;tocking assignments.
76. From this time until his resignation in March 1995, many white employees junior to Jones were promoted over him, and some went on to store management. A number of the Stock Person vacancies in Jones's store were filled with new hires who were white, even though Jones had multiple years of service. On one such occasion in 1993, when a white employee was promoted to full-time Stock Person over Jones, Jones asked his Store Manager why and was told that it was because he was unavailable for more hours. Once again, he assured the Manager that he was available and would quit any other employment in favor of Publix. Some of the whites selected for full-time Stock Person were selected after April 1, 1993.
77. On information and belief, during Jones's first six to seven years with Publix, no black person attained the job of full-time Stock Person in his store. Jones himself worked more than seven years as a part-time Front Service Person.
Joya Fulton 78. PLAINTIFF JOYA FULTON went to work for Publix on Felary 13, 1984 and is currently employed by Publix. She was assigned to the Deli, rose from p -time to full-time,
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Case 8:97-cv-00760-JDW Document 257 Filed 03/22/99 Page 18 of 28
and after three to four years became Deli Manager. 79. As a Deli Manager, Fulton was placed in Store 58 in Ft. Lauderdale, a small low-
volume store located in a poor neighborhood with an unusually high percentage of black customers for Publix. The low volume controlled the bonuses for which she was eligible. Bonuses are an important part of a departmental manager's earnings.
80. Despite its knowledge that Fulton desired transfer into a higher volume, more profitable store, Fulton was kept at store 58 for approximately six years. During that same time, white Deli Managers who were junior to her at Publix were promoted to the larger volume stores which allowed them to substantially increase their earnings.
81. After six years at store 58, Fulton was transferred to store 140 m Ft. Lauderdale. However, store 140, like 58, was also a low volume store and has since gone out of business.
82. Being unsuccessful at getting assigned to a high volume store, in 1996, Fulton asked for a demotion into an Assistant Deli Manager position at a larger store hoping that she could then rise to Deli Manager under better circumstances. Janie Allan, her Merchandiser, denied the transfer request. Instead, after 12 years of service to Publix, she was forced out of management and into the substantially lower position of Deli Clerk at store 73 in Fort Lauderdale. She was also expected to help out at another store 166 because of her experience in deli management.
Charmaine Washington 83. PLAINTIFF CHARMAINE WASHINGTON moved to Spring Hill, Florida from New Jersey in March of 1993. While living in New Jersey she had worked for approximately six
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Case 8:97-cv-00760-JDW Document 257 Filed 03/22/99 Page 19 of 28
,.,~.........,,/
years for the Shop-Rite grocery supermarket chain. 84. Shortly after moving to Florida, Washington began applying for a job with Publix.
She first applied in July 1993 at store 411 on Mariner Boulevard in Spring Hill in response to a sign advertising for help. She filled out an application and talked to Darin Dampier, the Store Manager, who is white. Dampier told her the store was no longer hiring and she was not hired.
85. Several days after first applying at store 411, she applied at store 359 on Highway 50 in Brooksville, Florida, again in response to a sign in the window advertising for help. She filled out an application and called shortly thereafter and was told the position had been filled. She was not hired.
86. Next, at the beginning of August 1993, Washington submitted an application at store 220 on Pinehurst Drive in Spring Hill. She again was not hired.
87. Following these unsuccessful attempts to get hired, Washingto;1 submitted numerous other applications and made numerous further inquiries about job openings at these three stores without success.
88. In August, 1995, while Washington's mother was shopping at store 411, Dampier approached her and asked if Washington had earlier applied at the store and told her mother to have her come in. Washington did and in late August, 1995, was hired at her interview as a parttime Deli Clerk. During her interview, Washington expressed her interest in promoting into management and told Dampier of her previous grocery experience.
89. In Spring, 1996, Washington asked Dampier to move her from Deli-Clerk to Cashier or the Bakery in an effort to get full-time employment and ultimately promote to
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Case 8:97-cv-00760-JDW Document 257 Filed 03/22/99 Page 20 of 28

----.

. ,-
..",...

management. Dampier did neither and a few months later she was transferred to store 220 as a Deli Clerk.
90. While at store 220, in February of 1996 and again in June of that year, Washington asked her manager, David Wright, who is white, to consider her for each of two customer service positions that came open. Both were given to white employees who had less tenure with Publix than she had.
91. In the spring of 1997, Washington was allowed to change jobs and became a Cashier. She remained part time, however. In May, she asked Wright to consider her for an assistant manager trainee program she had seen advertised on the in-store bull£tin board. Wright told her he could not do it. In June 1997, Washington asked Wright to consid;:!r her for a merchandise tagging position that had recently come open. It would have given her full-time hours. Wright told her that Steve Fisher, the District Manager who is white, had someone else for the position. She later learned this was not the case. She did not get the p~sition and a white employee was selected.
92. On July 13, 1997, Washington was suspended by Wright for anegedly taking a bag of potato chips that cost 69 cents without paying for them. This allegation was false. Subsequently, she was terminated. At the same time, two white employees were suspended also for taking food without paying for it. Both of them admitted their wrongdoing and neither was fired. One quit and the other was allowed to continue working, even though, Washington is informed and believes, she had previously received disciplinary write-ups for selling alcohol and tobacco to minors and for customer complaints. Washington had not been previously disciplined

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Case 8:97-cv-00760-JDW Document 257 Filed 03/22/99 Page 21 of 28
and her work performance had always met or exceeded Publix's expectations. Victor Kee
93. PLAINTIFF VICTOR KEE was hired by Publix in February 1988 at its Jacksonville Warehouse.
94. Throughout his employment with Publix, Kee was treated differently than similarly situated white employees. This included disparate treatment in terms ofjob assignments, promotions, and pay increases.
95. In approximately 1989, Kee was assigned to the Dairy Departr.lent of the Warehouse.
96. Throughout his time in the Dairy Department, Kee was subjected to racial harassment. This included racist remarks by Jim Loehmann (a supervisor) anj co-workers. Management also tolerated "nigger" jokes and discussions by workers about how they "liked to hang niggers up." Kee complained about this harassment to Ronnie Wilkerson, his supervisor, but nothing was ever done to stop it.
97. In the fall of 1990, Kee was injured when a white co-worker ran over his leg with a cart bearing approximately 1200 pounds. Although all other selectors had lxen allowed to go home, Kee had been ordered to help the Loaders at the time. The white employees laughed and said he was faking.
98. Kee's doctor found that his foot was broken. Treatment includi!d removing cartilage from Kee's leg and putting his foot in a cast. He was put on bed rest for six weeks but was ordered to call the warehouse at 4:00 a.m. every morning just as harassment. When Kee
21

Case 8:97-cv-00760-JDW Document 257 Filed 03/22/99 Page 22 of 28
returned to work he still had to use crutches to walk and was under doctor's onlers not to stand, walk or lift during the workday.
99. Kee's supervisors and co-workers used this as an opportunity to in~rease the racial harassment to which Kee was already being subjected. For example when Donnie Wilkerson, Kee's supervisor, learned that Kee was to be assigned to work in the office be;ause of his condition, Kee overheard Wilkerson respond, "What does that black motherfi.s::ker think he's going to do? Sit in this office all day with his foot propped up?" Kee was shocked and started crying.
100. While he was still recovering, Kee was forced to endure a harassing succession of job changes and had his pay cut. Each of these jobs required standing and walking which were against his doctor's orders.
101. The racially hostile work environment continued and in 1993 a white co-worker addressed Kee as "nigger." Kee, again, complained to Wilkerson. Wilkerson called in the white co-worker and they both laughed about Kee's complaint. Kee complained to the Superintendent, Steve Starling, who was Wilkerson's boss, but again nothing was done. Starling was the third ranked supervisor in the entire Warehouse. The racial hostility got worse.
102. In 1994, Kee again complained about the environment to Starling. As a result he suffered further harassment and retaliation. In particular, getting the worst job assignments and continually being denied breaks. The harassment from supervisors was greeted with laughter by his co-workers.
103. In 1996, Kee injured his back and the harassment grew worse. His new
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Case 8:97-cv-00760-JDW Document 257 Filed 03/22/99 Page 23 of 28
Superintendent Glenn Beck, who took Starling's job, said that he thought that Kee was faking his back injury and refused to act in accordance with the doctor's orders. He contmually harassed Kee, requiring him, for example, to sweep with a push broom even though a f.ding sweeper for that function was available. Publix's refusal to abide by Kee's doctor's orders regarding his work duties caused him to undergo further treatment that otherwise would not have been needed.
104. Finally, in April of 1996, Jim Loehmann told Kee to go home and not return to work until he was called back. Kee left.
105. Later, Kee called Loehmann to find out when he could come back to work. Loehmann said that he had to check and would call Kee back. He never did and Kee's employment with Publix ended.
Andrew Lovett 106. PLAINTIFF ANDREW LOVETT was hired by Publix on March 5, 1974, in the Jacksonville Warehouse, as a Warehouseman. Lovett was the first black hired in the Jacksonville Warehouse, though one black employee had transferred from the Lakeland warehouse before he arrived. 107. In 1986, he was passed over for Receiving Supervisor in favor of John Corliss, who is white and who had less experience and seniority. Lovett had trained Corliss to be a Receiving Clerk when Corliss first came to the Receiving Dock. 108. In approximately 1987 Lovett was promoted to Shipping Foreman. 109. In 1988 a Produce Warehouse was opened. Publix provided no opportunity for Lovett to apply for the new management positions for the Produce Warehouse. The management
23

Case 8:97-cv-00760-JDW Document 257 Filed 03/22/99 Page 24 of 28
team that was selected, consisting of approximately six to eight supervisors, was all white. Lovett was senior to each of them. Most of those chosen had been Truck Dri\"ers and had to be trained in warehouse shipping and receiving skills, whereas Lovett had been i:;I the warehouse for 14 years.
110. Many of these new managers failed at their jobs and resumed driving trucks. Lovett was also passed over for all the vacancies created by this turnover duri:lg the first two years of the new Produce Warehouse.
111. In approximately 1989, Lovett was involuntarily transferred to the lateral position of Foreman in the Stock Control Department of the Grocery Warehouse. He asked his Supervisor, Glenn Beck, who is white, for the personnel and equipment neces:;ary to do a good job. They were denied. When he left the position, his successor Lance Rossier, who is white, was given additional personnel and equipment.
112. In approximately 1990, Lovett was passed over for Shipping Supervisor. The position was given to Mark Shaia, who is white and was less experienced.
113. In 1990 John Corliss, who had some four years earlier been promoted over Lovett, left the position of Receiving Supervisor. Again, Lovett was passed over for that position in favor of Robbie Killan, who is white.
114. In 1992, Lovett took a demotion to Assistant Foreman in the Receiving Department because of the harassment by Superintendent Glenn Beck. Beck did not understand the job of Foreman in Stock Control and ordered Lovett to do things that did not make sense. Beck often threatened Lovett's job.
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115. In 1993, Lovett moved laterally to the Recycling Department a3 Assistant

Foreman to escape from the supervision on Glenn Beck. His Supervisor, Randy Johnson, who is

white, did not adequately inform him as to his responsibilities and then gave him a bad

evaluation for not performing the duties of the job.

116. In 1994, a new warehouse was opened in Orlando. Several FOJemen and

Assistant Foremen were offered the opportunity to transfer and promote to Orlando. Lovett was

interested in these opportunities but was neither invited to apply nor had notice of the jobs until

after they were filled.

117. As a result of the transfers to Orlando, approximately three Foreman jobs opened

up in Jacksonville in the Perishable Warehouse. Again, Lovett desired to transfer to a Foreman

position in the Perishable Warehouse, but was neither invited nor had notice of them until after

they were filled. Lovett was senior to all those who received the jobs.

118. Realizing that he would not be provided with opportunity to progress any further

with Publix because of the discrimination he was suffering, Lovett resigne1 in March 1994.

Count I

I

42 U.S.C. §1981

119. Plaintiffs incorporate paragraphs 1 through 118. 120. The foregoing conduct ofPublix violates the rights of the Plailitiffs and the class

to make and enforce contracts and to the full and equal benefit of all laws and proceedings as

enjoyed by white citizens under 42 U.S.C § 1981.

121. The foregoing conduct of Publix is and has been continuing in nature.

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Case 8:97-cv-00760-JDW Document 257 Filed 03/22/99 Page 26 of 28

122. As a consequence of the foregoing conduct the Plaintiffs and the class members

have suffered lost wages and other employment benefits.

Count II

Title VII. 42 U.S.C. § 2000e et seq.

123. Plaintiffs incorporate paragraphs 1 through 122.

124. The foregoing conduct of PubIix violates the rights of the PriGtiffs and the class

~ghts to be free of discrimination on account of race under Title VII of the Civil

Act of 1964, as

amended, 42 V.S.C § 2000e et seq. under both disparate treatment and disparate impact analysis.

125. The foregoing conduct ofPublix is and has been continuing in nature.

126. As a consequence of the foregoing conduct the Plaintiffs and the class members

have suffered lost wages and other employment benefits.

Count III

Chapter 760, Florida Statutes

127. Plaintiffs incorporate paragraphs 1 through 126.

128. The foregoing conduct of Publix violates the rights of the prtitTS and the class

to be free of discrimination on account of race under the Florida Human Rights Act of 1992,

Chapter 760, Florida Statutes under both disparate impact and disparate treatment analysis.

129. The foregoing conduct of PubIix is and has been continuing in nature.

130. As a consequence of the foregoing conduct the Plaintiffs and the class members

have suffered lost wages and other employment benefits.

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Case 8:97-cv-00760-JDW Document 257 Filed 03/22/99 Page 27 of 28

RELIEF REQUESTED

Plaintiffs request that this Court:

a. Assume jurisdiction over this case;

b. Allow appropriate discovery;

c. Certify a "hybrid" class under subsection (b)(2) of Rule 23 in accordance with Cox v. American Cast Iron Pipe, 784 F.2d 1546 (11 th Cir. 198E) and designate the

undersigned counsel as class counsel;

d. Try Stage I pattern and practice liability issues by the Court anj award

appropriate declaratory and injunctive relief in accordance the 3tage I findings;

e. Adjudicate Stage II proceedings for those class members seeki::lg equitable

monetary relief and individual injunctive relief in a manner deemed appropriate to

the Court and award appropriate relief;

f.

In keeping with the hybrid nature of the class, allow any class ~ember to elect

whether to opt-out of Stage II proceedings;

g. Award prejudgment interest;

h. Award costs and attorneys fees to the Plaintiffs; and

1.

Order such other relief as is equitable and just.

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Case 8:97-cv-00760-JDW Document 257 Filed 03/22/99 Page 28 of 28
Fla. Bar (Trial C sel) JOHN C. DAVIS Fla. Bar No. 0827770 (Trial Counsel) KESLER T. ROBERTS Fla. Bar No. 135232 Spriggs Law Firm
1 324 W. College Aven e
Tallahassee, FL 3230 (850) 224-8700 (850) 224-8836 (fax) Counsel for Plaintiffs
28

 </s> Case: 8:97-cv-00760-JDW As of: 06/15/2010 01:02 PM EDT 1 of 33
CLOSED, SL DOC, TBM
U.S. District Court Middle District of Florida (Tampa) CIVIL DOCKET FOR CASE #: 8:97−cv−00760−JDW

Middleton, et al v. Publix Super Market Assigned to: Judge James D. Whittemore Demand: $0 Cause: 42:2000 Job Discrimination (Race) Plaintiff Lemuel Middleton individually and on behalf of all other persons similarly situated
Plaintiff Reginald Lewis individually and on behalf of all other persons similarly situated
Plaintiff John Kee individually and on behalf of all other persons similarly situated TERMINATED: 03/22/1999
Plaintiff

Date Filed: 04/03/1997 Date Terminated: 02/23/2001 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question
represented by Peter Kent Spriggs Spriggs Law Firm 2007 W Randolph Cir Tallahassee, FL 32308−0748 850/224−8700 Fax: 850/224−8836 Email: kspriggs@spriggslawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Clark Davis Law Office of John C. Davis 623 Beard St Tallahassee, FL 32303 850/222−4770 Fax: 850/222−3119 Email: john@johndavislaw.net
Walter Edwards Aye Aye Law Firm 111 S Moody Ave Tampa, FL 33609 813/254−9191 Email: waye@ayelaw.com ATTORNEY TO BE NOTICED
represented by Peter Kent Spriggs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Clark Davis (See above for address)
Walter Edwards Aye (See above for address) ATTORNEY TO BE NOTICED
represented by Peter Kent Spriggs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Clark Davis (See above for address)

Case: 8:97-cv-00760-JDW As of: 06/15/2010 01:02 PM EDT 2 of 33

Sharon Flowers individually and on behalf of all other persons similarly situated

represented by John Clark Davis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Peter Kent Spriggs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Walter Edwards Aye (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Gaston Hazelwood individually and on behalf of all other persons similarly situated

represented by John Clark Davis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Peter Kent Spriggs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Walter Edwards Aye (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Cynthia Jones−McCall

represented by Peter Kent Spriggs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Clark Davis (See above for address)

Walter Edwards Aye (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Willie Jones individually and on behalf of all other persons similarly situated

represented by Peter Kent Spriggs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Clark Davis (See above for address)

Walter Edwards Aye (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Joya Fulton individually and on behalf of all other persons similarly situated

represented by John Clark Davis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 8:97-cv-00760-JDW As of: 06/15/2010 01:02 PM EDT 3 of 33

Plaintiff Laswanya Jackson individually and on behalf of all other persons similarly situated TERMINATED: 03/22/1999
Plaintiff David Kee individually and on behalf of all other persons similarly situated TERMINATED: 03/17/1999
Plaintiff Byron Williams individually and on behalf of all other persons similarly situated TERMINATED: 03/17/1999
Plaintiff Victor Kee individually and on behalf of all other persons similarly situated TERMINATED: 01/23/2001
Plaintiff Andrew Lovett individually and on behalf of all other persons similarly situated TERMINATED: 01/23/2001

Peter Kent Spriggs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Walter Edwards Aye (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John Clark Davis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Peter Kent Spriggs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Peter Kent Spriggs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Clark Davis (See above for address)
represented by Peter Kent Spriggs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Clark Davis (See above for address)
represented by Peter Kent Spriggs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Clark Davis (See above for address)
Walter Edwards Aye (See above for address) ATTORNEY TO BE NOTICED
represented by Peter Kent Spriggs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Clark Davis (See above for address)

Case: 8:97-cv-00760-JDW As of: 06/15/2010 01:02 PM EDT 4 of 33

Walter Edwards Aye (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Madeline Riley individually and on behalf of all other persons similarly situated TERMINATED: 11/12/1997

represented by Peter Kent Spriggs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Clark Davis (See above for address)

Plaintiff
Sherria Campbell individually and on behalf of all other persons similarly situated TERMINATED: 03/17/1999

represented by John Clark Davis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Peter Kent Spriggs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Charles Jackson individually and on behalf of all other persons similarly situated TERMINATED: 03/17/1999

represented by John Clark Davis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Peter Kent Spriggs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Publix Super Markets, Inc.

represented by C. Geoffrey Weirich Paul, Hastings, Janofsky &Walker LLP 600 Peachtree St., N.E., Suite 2400 Atlanta, GA 30308−2222 404/815−2400 LEAD ATTORNEY
Dinita L. James Ford &Harrison, LLP Suite 450 2525 E Camelback Rd Phoenix, AZ 85016 602/627−3520 Fax: 602/627−3501 Email: djames@fordharrison.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
John J. Gallagher Paul, Hastings, Janofsky &Walker 1299 Pennsylvania Ave., N.W. 10th Floor Washington, DC 20004−2400 202/508−9500

Case: 8:97-cv-00760-JDW As of: 06/15/2010 01:02 PM EDT 5 of 33

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kevin M. Smith Mark E. Edwards, Attorney At Law 2501 Park Plaza Nashville, TN 37203 615/344−1977 Fax: 615/344−1035 TERMINATED: 11/02/2001 LEAD ATTORNEY

Marvin E. Barkin Trenam Kemker Scharf Barkin Frye O'Neill &Mullis, PA 101 E Kennedy Blvd − Ste 2700 PO Box 1102 Tampa, FL 33602 813/223−7474 Fax: 813/229−6553 Email: mebarkin@trenam.com TERMINATED: 11/02/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED

William B. Hill , Jr. Paul, Hastings, Janofsky &Walker LLP 600 Peachtree St., N.E., Suite 2400 Atlanta, GA 30308−2222 404/815−2400 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant Steven Marrs

represented by Howard S. Susskind Sugarman &Susskind, PA Suite 300 100 Miracle Mile Coral Gables, FL 33134 305/529−2801 Fax: 305/447−8115 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jeffrey R. Freund Bredhoff &Kaiser 1000 Connecticut Avenue NW Washington, DC 20036 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Charmaine Washington TERMINATED: 03/21/2000

represented by John Clark Davis (See above for address) LEAD ATTORNEY

Kessler T. Roberts Spriggs and Davis 324 W. College Ave. Tallahassee, FL 32301 850/224−8700 TERMINATED: 03/21/2000 LEAD ATTORNEY

Case: 8:97-cv-00760-JDW As of: 06/15/2010 01:02 PM EDT 6 of 33
Peter Kent Spriggs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Walter Edwards Aye (See above for address) TERMINATED: 03/21/2000 ATTORNEY TO BE NOTICED

Date Filed 04/03/1997 04/03/1997 04/03/1997 04/03/1997 04/11/1997 04/17/1997 04/17/1997 04/22/1997
04/22/1997 04/22/1997
04/23/1997 04/25/1997 04/28/1997
04/30/1997 04/30/1997

# Docket Text
1 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)
2 MOTION by Lemuel Middleton and plaintiffs with memorandum in support for leave to conduct class communications ; attachments. (crb) (Entered: 04/14/1997)
3 NOTICE of designation under Local Rule 3.05 − TRACK 3. (ctc) (crb) (Entered: 04/17/1997)
4 RESPONSE by Publix Super Market to [2−1] motion for leave to conduct class communications. Attachment. (crb) (Entered: 04/18/1997)
5 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)
6 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)
7 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)
9 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)
10 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)
11 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)
11 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)

Case: 8:97-cv-00760-JDW As of: 06/15/2010 01:02 PM EDT 7 of 33

05/05/1997
05/05/1997 05/06/1997 05/09/1997
05/09/1997 05/16/1997 05/19/1997 05/23/1997 06/02/1997 06/03/1997 06/03/1997 06/05/1997 06/09/1997

12 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 take discovery relating to class action issues referred to Mag. Judge Thomas B. McCoun III. (crb) (Entered: 05/07/1997)
13 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)
14 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)
15 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)
16 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)
17 ANSWER to complaint with defenses by Publix Super Market. (crb) (Entered: 05/20/1997)
18 CASE MANAGEMENT REPORT on class certification discovery. (crb) (Entered: 05/27/1997)
19 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)
20 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)
20 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)
21 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)
22 ORDER approving [21−1] stipulation re: governing the exchange and protection of confidential information. ( Signed by Mag. Judge Thomas B. McCoun III ) ctc

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06/25/1997 06/25/1997 06/25/1997 06/25/1997 06/25/1997 06/25/1997 06/30/1997 07/03/1997
07/03/1997 07/03/1997 07/03/1997 07/14/1997 07/16/1997 07/16/1997 08/04/1997 08/05/1997
08/08/1997 08/13/1997

(crb) (Entered: 06/10/1997)
23 MOTION by Lemuel Middleton and class plaintiffs with memorandum in support to compel disclosure of electronic human resources data referred to Mag. Judge Thomas B. McCoun III. Attachments. (crb) (Entered: 06/26/1997)
23 DECLARATION of Florence Toalston by Lemuel Middleton and class plaintiffs re: [23−1] motion to compel. (crb) (Entered: 06/26/1997)
23 DECLARATION of La Ray Williams by Lemuel Middleton and class plaintiffs re: [23−1] motion to compel. (crb) (Entered: 06/26/1997)
23 AFFIDAVIT of John Williams by Lemuel Middleton and class plaintiffs re: [23−1] motion to compel. (crb) (Entered: 06/26/1997)
23 DECLARATION of Geanie Moore by Lemuel Middleton and class plaintiffs re: [23−1] motion to compel. (crb) (Entered: 06/26/1997)
23 DECLARATION of Loretta Thompson by Lemuel Middleton and class plaintiffs re: [23−1] motion to compel. (crb) (Entered: 06/26/1997)
24 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)
25 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)
25 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)
25 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)
25 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)
26 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)
27 NOTICE of filing declaration of Kelly Williams 28 by Publix Super Market. (crb) (Entered: 07/17/1997)
28 DECLARATION of Kelly Williams by Publix Super Market re: [26−1] memorandum in opposition to plaintiffs' motion to compel. (crb) (Entered: 07/17/1997)
29 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)
30 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)
31 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)
32 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)

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08/14/1997 08/15/1997 08/15/1997 08/15/1997 08/15/1997 08/15/1997 08/20/1997
08/20/1997 08/21/1997 08/21/1997 08/21/1997 08/21/1997 08/22/1997 08/25/1997 08/25/1997 08/27/1997 08/27/1997

33 NOTICE of supplement to Local Rule 3.01(g) certification re: emergency motion to modify order of 05/08/97 and notice of error by Lemuel Middleton and class plaintiffs. (crb) (Entered: 08/14/1997)
34 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)
35 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)
36 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)
37 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)
38 NOTICE of filing by Publix Super Market. Exhibit attached. (gw) (Entered: 08/19/1997)
39 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)
40 NOTICE of filing original subpoena duces tecum directed to United Food and Commercial Workers by Publix Super Market. (crb) (Entered: 08/21/1997)
41 NOTICE of filing declaration of David Kuncicky by Lemuel Middleton and class plaintiffs. (crb) (Entered: 08/22/1997)
41 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)
42 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)
43 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)
44 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)
45 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)
46 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)
47 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)

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08/27/1997 08/27/1997 08/27/1997 08/28/1997 08/28/1997 09/02/1997 09/02/1997 09/03/1997 09/03/1997 09/04/1997 09/09/1997 09/15/1997 09/15/1997 09/15/1997
09/15/1997
09/18/1997
09/22/1997

FAXED order 47 to counsel of record. (crb) (Entered: 08/28/1997)
48 NOTICE of filing expert report in declaration of David W. Rasmussen 49 by Lemuel Middleton and class plaintiffs. (crb) (Entered: 08/28/1997)
48 DECLARATION of David W. Rasmussen, expert's report, by Lemuel Middleton and class plaintiffs. (crb) Modified on 09/12/1997 (Entered: 08/28/1997)
49 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)
50 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)
51 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)
52 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)
53 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)
54 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)
55 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)
56 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)
57 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)
58 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)
59 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)
60 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)
61 RESPONSE by Publix Super Market to [59−1] motion to compel compliance with notice of deposition of a witness about the Jacksonville Warehouse and

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09/24/1997 09/26/1997 10/02/1997
10/06/1997
10/06/1997 10/07/1997 10/07/1997 10/08/1997 10/08/1997
10/10/1997
10/10/1997 10/10/1997 10/14/1997
10/14/1997
10/17/1997 10/20/1997 10/20/1997

Distribution Center operations. Attachments. (crb) (Entered: 09/24/1997)
CORRESPONDENCE from counsel requesting return of Dr. Rasmussen's report. (rjc) (Entered: 09/24/1997)
62 NOTICE that the report of plaintiffs' expert is complete Lemuel Middleton and class plaintiffs. (crb) (Entered: 09/29/1997)
63 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)
64 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)
65 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)
66 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)
67 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)
68 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)
69 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)
70 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)
71 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)
72 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)
73 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)
74 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)
SEALED DOCUMENT. S− 1 (crb) (Entered: 10/21/1997)
75 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)

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10/23/1997
10/23/1997 10/23/1997 10/27/1997 10/29/1997
10/30/1997
10/30/1997
10/30/1997 10/30/1997 10/30/1997 10/30/1997 10/30/1997 10/30/1997 10/30/1997 10/30/1997 10/30/1997 10/30/1997

76 EMERGENCY MOTION by Publix Super Market with memorandum in support to compel Richard Johnson to answer deposition questions and to compel production of subpoenaed documents referred to Mag. Judge Thomas B. McCoun III. Attachments. (crb) (Entered: 10/24/1997)
77 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)
78 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)
79 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)
80 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)
81 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)
82 REQUEST for judicial notice by Lemuel Middleton and class plaintiffs. (crb) (Entered: 10/30/1997)
83 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)
84 DEPOSITION of Michael M. Cate dated 09/04/97 by Lemuel Middleton and class plaintiffs re: [80−1] motion for class certification. Transcript filed separately. (crb) (Entered: 10/30/1997)
85 DEPOSITION of Jeffrey Dean Day dated 09/05/97 by Lemuel Middleton and class plaintiffs re: [80−1] motion for class certification. Transcript filed separately. (crb) (Entered: 10/30/1997)
86 DEPOSITION of Brenda Foxenberger dated 09/11/97 by Lemuel Middleton and class plaintiffs re: [80−1] motion for class certification. Transcript, vol I, filed separately. (crb) (Entered: 10/30/1997)
87 DEPOSITION of Brenda Foxenberger dated 09/11/97 by Lemuel Middleton and class plaintiffs re: [80−1] motion for class certification. Transcript, vol. II, filed separately. (crb) (Entered: 10/30/1997)
88 DEPOSITION of William H. Noah dated 09/15/97 by Lemuel Middleton and class plaintiffs re: [80−1] motion for class certification. Transcript, vol. I, filed separately. (crb) (Entered: 10/30/1997)
89 DEPOSITION of William H. Noah dated 09/15/97 by Lemuel Middleton re: [80−1] motion for class certification. Transcript, vol. II, filed separately. (crb) (Entered: 10/30/1997)
90 DEPOSITION of James Stephen Jaskiewicz dated 09/17/97 by Lemuel Middleton and class plaintiffs re: [80−1] motion for class certification. Transcript filed separately. (crb) (Entered: 10/30/1997)
91 DEPOSITION of Donald H. Helms dated 09/22/97 by Lemuel Middleton and class plaintiffs re: [80−1] motion for class certification. Transcript filed separately. (crb)

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10/30/1997 10/30/1997 10/30/1997 10/30/1997 10/30/1997 10/30/1997 10/30/1997 10/30/1997 11/06/1997 11/07/1997
11/07/1997 11/07/1997 11/12/1997 11/12/1997
11/13/1997 11/13/1997

(Entered: 10/30/1997)
92 DEPOSITION of Emory W. Morris dated 09/24/97 by Lemuel Middleton and class plaintiffs re: [80−1] motion for class certification. Transcript filed separately. (crb) (Entered: 10/30/1997)
93 DEPOSITION of Emory W. Morris dated 09/24/97 by Lemuel Middleton and class plaintiffs re: [80−1] motion for class certification. Transcript filed separately. (crb) (Entered: 10/30/1997)
94 DEPOSITION of Kyle Davis dated 09/30/97 by Lemuel Middleton and class plaintiffs re: [80−1] motion for class certification. Transcript filed separately. (crb) (Entered: 10/30/1997)
95 DEPOSITION of Michael Eugene Lester dated 10/02/97 by Lemuel Middleton and class plaintiffs re: [80−1] motion for class certification. Transcript filed separately. (crb) (Entered: 10/30/1997)
96 DEPOSITION of Richard Schuler dated 10/03/97 re: [80−1] motion for class certification. Transcript filed separately. (crb) (Entered: 10/30/1997)
97 DEPOSITION of Wallace Womble dated 10/08/97 by Lemuel Middleton and class plaintiffs re: [80−1] motion for class certification. Transcript filed separately. (crb) (Entered: 10/30/1997)
98 DEPOSITION of Kelly Williams dated 10/09/97 by Lemuel Middleton and class plaintiffs re: [80−1] motion for class certification. Transcript filed separately. (crb) (Entered: 10/30/1997)
99 DEPOSITION of Joanne Adams dated 10/10/97 by Lemuel Middleton and class plaintiffs re: [80−1] motion for class certification. Transcript filed separately. (crb) (Entered: 10/30/1997)
Motion(s) referred: [72−1] motion for leave to continue attempts at service of subpoena duces tecum for deposition on Steve Marrs referred to Judge Henry L. Adams Jr. (crb) (Entered: 11/06/1997)
100 MEMORANDUM by Lemuel Middleton and class members in opposition to [76−1] motion to compel Richard Johnson to answer deposition questions, [76−2] motion to compel production of subpoenaed documents. (crb) (Entered: 11/07/1997)
101 MOTION by Publix Super Market for summary judgment on named−plaintiff Reginald Lewis' claims (jlh) (Entered: 11/10/1997)
102 MEMORANDUM by Publix Super Market in support of [101−1] motion for summary judgment on named−plaintiff Reginald Lewis' claims (jlh) (Entered: 11/10/1997)
103 ORDER that the claims of Madeline Riley are dismissed with prejudice; each party shall bear its own costs. ( Signed by Judge Henry L. Adams Jr. ) ctc (crb) (Entered: 11/12/1997)
105 ORDER granting in part [76−1] Publix's motion to compel Richard Johnson to answer deposition questions and [76−2] motion to compel production of subpoenaed documents. Mr. Johnson shall fully cooperate in regard to the new deposition. An in camera review of documents on Richard Johnson's privilege log under seal [S−1] has been conducted. Document 1, only, shall be provided to Publix. ( Signed by Mag. Judge Thomas B. McCoun III ) ctc (crb) (Entered: 11/13/1997)
104 EMERGENCY MOTION by Lemuel Middleton and class plaintiffs with memorandum in support to enforce the case management order (crb) (Entered: 11/13/1997)
106 ORDER referring motion for report and recommendations; [80−1] plaintiff's motion for class certification referred to Mag. Judge Thomas B. McCoun III. The hearing set for class certification and preliminary pretrial conference for 12/12/97 are canceled. (signed by Judge Henry L. Adams Jr. ) ctc (crb) (Entered:

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11/13/1997
11/13/1997 11/14/1997
11/14/1997
11/14/1997 11/14/1997 11/14/1997 11/14/1997 11/14/1997 11/14/1997 11/14/1997 11/14/1997 11/14/1997 11/14/1997 11/14/1997 11/14/1997 11/14/1997 11/14/1997 11/14/1997 11/14/1997 11/14/1997

11/13/1997)
107 ORDER granting [72−1] defendant's emergency motion for leave to continue attempts at service of subpoena duces tecum for deposition on Steve Marrs. ( Signed by Judge Henry L. Adams Jr. ) ctc (crb) (Entered: 11/13/1997)
108 TRANSCRIPT of hearing on pending motions heard on 09/10/97 before Magistrate Judge Thomas B. McCoun, III. [Tape−recorded] (crb) (Entered: 11/14/1997)
109 NOTICE of filing depositions of Sherria Campbell, Sharon Flowers, Joya Fulton, Gaston Hazlewood, Charles Jackson, Willie Jones, Cynthia Jones−McCall, David Kee, Victor Kee, Reginald Lewis, Andrew Lovett, Lemuel Middleton and Byron Williams as requested in Tab 1 of plaintiffs' appendix to motion for class certification by Publix Super Market. (crb) (Entered: 11/17/1997)
110 NOTICE of filing depositions of Connie Hazlewood, Ira McCloud, Patricia Peterson, Sonya Shelton, Reginald Snelling, Herbert Thompson and Florence Toalston as requested in Tab 3 of plaintiffs' appendix to motion for class certification by Publix Super Market. (crb) (Entered: 11/17/1997)
111 DEPOSITION of Gaston Hazlewood dated 06/17/97, Vol. 1, by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/17/1997)
112 DEPOSITION of Gaston Hazlewood dated 06/18/97, Vol 2, by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/17/1997)
113 DEPOSITION of Lemuel Donnell Middleton dated 06/19/97 by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/17/1997)
114 DEPOSITION of Sharon Flowers dated 07/08/97, Vol 1, by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/17/1997)
115 DEPOSITION of Byron Williams dated 07/10/97 by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/17/1997)
116 DEPOSITION of Joya Fulton dated 07/15/97, Vol 1, by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/17/1997)
117 DEPOSITION of Sherria Campbell dated 07/17/97, Vol 1, by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/17/1997)
118 DEPOSITION of David Bernard Kee dated 07/17/97, Vol 1, by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/17/1997)
119 DEPOSITION of Reginald Lewis dated 07/17/97, Vol 1, by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/17/1997)
120 DEPOSITION of David Bernard Kee dated 07/18/97, Vol. 2, by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/17/1997)
121 DEPOSITION of Reginald Lewis dated 07/18/97, Vol 2., by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/17/1997)
122 DEPOSITION of Charles Jackson dated 07/22/97, 07/23/97 and 08/08/97 by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/17/1997)
123 DEPOSITION of William James Jones dated 07/22/97, Vol 1, by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/17/1997)
124 DEPOSITION of Willie James Jones dated 07/23/97, Vol. 2, by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/17/1997)
125 DEPOSITION of Victor Earl Kee, Sr. dated 07/31/97, Vol. 1, by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/17/1997)
126 DEPOSITION of Victor Earl Kee, Sr. dated 08/01/97, Vol. 2, by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/17/1997)
127 DEPOSITION of Joya Fulton dated 08/13/97, Vol. 2, by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/17/1997)

Case: 8:97-cv-00760-JDW As of: 06/15/2010 01:02 PM EDT 15 of 33

11/14/1997 11/14/1997 11/14/1997 11/14/1997 11/14/1997 11/14/1997 11/14/1997 11/14/1997 11/14/1997 11/14/1997 11/14/1997 11/14/1997 11/14/1997 11/14/1997 11/19/1997
11/19/1997 11/19/1997 11/19/1997 11/19/1997 11/19/1997 11/19/1997 11/25/1997
11/25/1997

128 DEPOSITION of Sherria Campbell dated 08/14/97, Vol. 2, by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/17/1997)
129 DEPOSITION of Sharon Flowers dated 08/26/97, Vol. 2, by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/17/1997)
130 DEPOSITION of Andrew Lovett, Jr. dated 08/28/97, Vol. 1, by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/17/1997)
131 DEPOSITION of Andrew Lovett, Jr. dated 08/29/97, Vol. 2, by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/17/1997)
132 DEPOSITION of Cynthia Jones−McCall dated 09/04/97, Vol. 1, by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/17/1997)
133 DEPOSITION of Cynthia Jones−McCall dated 09/05/97, Vol. 2, by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/17/1997)
134 DEPOSITION of Connie Sue Hazlewood dated 09/11/97 by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/17/1997)
135 DEPOSITION of Reginald Snelling dated 09/12/97 by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/17/1997)
136 DEPOSITION of Della Florence Toalston dated 09/15/97 by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/17/1997)
137 DEPOSITION of Herbert Thompson dated 07/17/97 by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/17/1997)
138 DEPOSITION of Patricia Peterson dated 09/19/97 by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/17/1997)
139 DEPOSITION of Sonya Shelton dated 09/22/97 by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/17/1997)
140 DEPOSITION of Ira Joe McCloud dated 10/14/97, Vol. 1, by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/17/1997)
141 DEPOSITION of Ira Joe McCloud dated 10/17/97, Vol. 2, by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/17/1997)
142 TRANSCRIPT OF PROCEEDINGS of hearing on defendants' emergency motion to compel Richard Johnson to answer deposition questions on 11/07/97 before Judge Thomas B. McCoun. (crb) (Entered: 11/20/1997)
143 NOTICE of filing deposition of Richard Johnson by Publix Super Market. (crb) (Entered: 11/20/1997)
144 DEPOSITION of Richard Johnson dated 10/14/97 by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/20/1997)
145 NOTICE of filing depositions of Dr. David W. Rasmussen and Dr. David Kunicicky by Publix Super Market. (crb) (Entered: 11/20/1997)
146 DEPOSITION of Dr. David W. Rasmussen dated 10/13/97, Vol 1, by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/20/1997)
147 DEPOSITION of Dr. David W. Rasmussen dated 11/10/97, Vol 2, by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/20/1997)
148 DEPOSITION of Dr. David Kunicicky dated 10/20/97 by Publix Super Market. Transcript filed separately. (crb) (Entered: 11/20/1997)
149 MOTION by Publix Super Market with memorandum in support to strike or exclude the declarations of Dr. David Rasmussen [83, tab 6] of [83−1] notice ; attachments. (crb) (Entered: 11/26/1997)
150 MOTION by Publix Super Market with memorandum in support to strike declarations of Otis Hopkins, Denise Jackson, Anna Washington and Charmaine Washington re: [83−1] notice ; attachments. (crb) (Entered: 11/26/1997)

Case: 8:97-cv-00760-JDW As of: 06/15/2010 01:02 PM EDT 16 of 33

11/25/1997 11/25/1997 11/25/1997 11/25/1997 11/25/1997 11/25/1997 11/25/1997 11/25/1997 11/25/1997 11/25/1997 11/25/1997 11/25/1997
11/26/1997
11/26/1997 12/02/1997 12/03/1997 12/04/1997 12/05/1997

151 MOTION by Publix Super Market for summary judgment on named plaintiff Lemuel Middleton's claims (crb) (Entered: 11/26/1997)
152 MEMORANDUM by Publix Super Market in support of [151−1] motion for summary judgment on named plaintiff Lemuel Middleton's claims. Attachments. (crb) (Entered: 11/26/1997)
153 RESPONSE by Publix Super Market in opposition to [82−1] plaintiff's' request for judicial notice. (crb) (Entered: 11/26/1997)
154 UNOPPOSED MOTION by Publix Super Market with memorandum in support for leave to supplement class certification record with transcript of continued deposition of Richard Johnson ; attachments. (crb) (Entered: 11/26/1997)
155 RESPONSE by Publix Super Market in opposition to [80−1] motion for class certification. (crb) (Entered: 11/26/1997)
156 APPENDIX in support of response in opposition to plaintiffs' motion for class certification, vol 1, by Publix Super Market. Filed in expandable folder. (crb) (Entered: 11/26/1997)
157 APPENDIX in support of response in opposition to plaintiffs' motion for class certification, vol. 11, by Publix Super Market. Stored in expandable folder. (crb) (Entered: 11/26/1997)
158 DECLARATIONS and exhibits in support of response in opposition to plaintiffs' motion for class certification, vol 1, by Publix Super Market. Stored in expandable folder. (crb) (Entered: 11/26/1997)
159 DECLARATIONS and exhibits in support of response in opposition to plaintiffs' motion for class certification, vol. 11, by Publix Super Market. Stored in expandable folder. (crb) (Entered: 11/26/1997)
160 DECLARATIONS and exhibits in support of response in opposition to plaintiffs' motion for class certification, vol. 111, by Publix Super Market. Stored in expandable folder. (crb) (Entered: 11/26/1997)
161 INDEX of cases not published in official reporters in support of response in opposition to plaintiffs' motion for class certification by Publix Super Market. Stored in expandable folder. (crb) (Entered: 11/26/1997)
162 NOTICE of filing Report on Class Certification Issues and Statistics by Joan Gustafson Haworth, Ph.D. and Sharon Kelly, Ph.D. of Economic Research Services, Inc. and two volumes of appendix in support of response in opposition to plaintiffs' motion for class certification by Publix Super Market. Report and appendix stored in expandable folders. (crb) (Entered: 11/26/1997)
163 FAXED ORDER [104−1] plaintiff's emergency motion to enforce the case management order; merits discovery shall commence on 11/28/97; case management report related to merits discovery is due 12/09/97; plaintiff has 10 days after the deadline for filing dispositive motions to respond to defendant's motion for summary judgment 102 . ( Signed by Judge Henry L. Adams Jr. ) ctc (crb) (Entered: 11/26/1997)
Deputy Clerk faxed order 163 to Attorney Spriggs, Danita James' office pick up a copy. (crb) (Entered: 11/26/1997)
164 NOTICE of hearing: setting hearing for 10:00 a.m. on 1/16/98 for [80−1] motion for class certification; Scheduled for Mag. Judge Thomas B. McCoun III ctc (crb) (Entered: 12/04/1997)
RECEIVED original order 163 ; replaced the faxed copy entered on 11/26/97. (crb) (Entered: 12/03/1997)
165 REPLY by Lemuel Middleton and plaintiffs to response in opposition to [80−1] motion for class certification. Attachments. (crb) (Entered: 12/05/1997)
166 ORDER denying as moot [59−1] plaintiffs' motion to compel compliance with notice of deposition. ( Signed by Mag. Judge Thomas B. McCoun III ) ctc (crb) (Entered: 12/08/1997)

Case: 8:97-cv-00760-JDW As of: 06/15/2010 01:02 PM EDT 17 of 33

12/05/1997 12/05/1997
12/05/1997
12/08/1997 12/08/1997 12/09/1997 12/12/1997 12/12/1997 12/15/1997 12/19/1997 12/19/1997 12/19/1997 01/05/1998
01/14/1998
01/21/1998 01/21/1998 01/22/1998

167 NOTICE of Hearing: Motion hearing set for 1:30 1/23/98 for [80−1] motion for class certification; Scheduled for Mag. Judge Thomas B. McCoun III ctc (crb) (Entered: 12/08/1997)
168 MOTION by Lemuel Middleton and class plaintiffs with memorandum in support to strike defendant's unauthorized expert "sur−reply" expert report of Dr. Sharon Kelly contained in appendix, vol. I, ERS Report re: declaration of Dr. David Rasmussen dated 11/19/97 (crb) (Entered: 12/08/1997)
169 MOTION by Lemuel Middleton and class plaintiffs with memorandum in support to strike appendices in excess re: [155−1] defendant's memorandum in opposition to motion for class certification referred to Mag. Judge Thomas B. McCoun III (crb) (Entered: 12/08/1997)
170 RESPONSE by Lemuel Middleton and class plaintiffs to [150−1] motion to strike declarations. (crb) (Entered: 12/10/1997)
171 RESPONSE by Lemuel Middleton and class plaintiffs to [149−1] motion to strike or exclude the declarations of Dr. David Rasmussen. (crb) (Entered: 12/10/1997)
172 CASE MANAGEMENT REPORT regarding merits discovery. (crb) (Entered: 12/10/1997)
173 ORDER that no action will be taken on plaintiffs' letter request to return a report from Dr. David Rasmussen. ( Signed by Judge Henry L. Adams Jr. ) ctc (crb) (Entered: 12/12/1997)
A copy of Kent Spriggs, Esq. letter dated 09/22/97 was mailed with order 173 . (crb) (Entered: 12/12/1997)
174 NOTICE of filing supplemental authority in support of response in opposition to motion for class certification 155 by Publix Super Market. Attachments. (crb) (Entered: 12/16/1997)
175 RESPONSE by Publix Super Market to [168−1] motion to strike defendant's unauthorized expert "sur−reply" expert report of Dr. Sharon Kelly. (crb) (Entered: 12/22/1997)
176 RESPONSE by Publix Super Market to [169−1] motion to strike appendices in excess re: [155−1] defendant's memorandum in opposition to motion for class certification. (crb) (Entered: 12/22/1997)
177 MOTION by Publix Super Market with memorandum in support concerning unresolved merits discovery matters from the parties' case management report (crb) (Entered: 12/22/1997)
239 RESPONSE memorandum consenting conditioned upon award of taxable costs and attorneys' fees by Publix Super Market re: [235−1] plaintiffs' motion to dismiss with prejudice the claims of plaintiffs David Kee, Sherria Campbell, Charles Jackson, Byron Williams (crb) (Entered: 10/06/1998)
178 NOTICE of imminent change of factual circumstances pertinent to plaintiffs' motions in limine 16 and described in response 19 by Publix Super Market; attachments. Re: Progress of Publix and EEOC 01/24/97 agreement resolving charges of race discrimination raised in EEOC Commissioner's Charge No. 150−92−1508, the Kemp Settlement. (crb) (Entered: 01/15/1998)
179 TRANSCRIPT OF PROCEEDINGS on Motion hearing for date of August 21, 1997 before Judge Thomas B. McCoun. Transcript filed separately. (gw) (Entered: 01/22/1998)
180 MOTION by Publix Super Market with memorandum in support for order to show cause (re: deposition) referred to Mag.Judge Thomas B. McCoun III. Exhibits attached. (gw) (Entered: 01/22/1998)
ENDORSED ORDER granting [154−1] motion for leave to supplement class certification record with transcript of continued deposition of Richard Johnson ( Signed by Mag.Judge Thomas B. McCoun III ) ctc (jlh) (Entered: 01/23/1998)

Case: 8:97-cv-00760-JDW As of: 06/15/2010 01:02 PM EDT 18 of 33

01/22/1998 01/22/1998 01/26/1998 01/28/1998
01/29/1998
02/02/1998 02/02/1998 02/04/1998 02/05/1998 02/06/1998 02/09/1998
02/09/1998 02/10/1998 02/13/1998 02/17/1998 02/19/1998

181 NOTICE of filing deposition transcript by Publix Super Market (jlh) (Entered: 01/23/1998)
182 DEPOSITION of Richard E. Johnson Volume 2 by Publix Super Market re: [155−1] opposition response Transcript filed separately. (jlh) (Entered: 01/23/1998)
183 MINUTE ENTRY: pending motions held on 1/23/98 before Judge Thomas B. McCoun Court Reporter: Carol Jacobs (jlh) (Entered: 01/27/1998)
184 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 for leave to file declarations in support of class certification Proposed declarations attached. (gw) (Entered: 01/29/1998)
185 EMERGENCY 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 for adjudication of motion in limine (gw) (Entered: 01/29/1998)
186 RESPONSE by Publix Super Market in opposition to [184−1] motion for leave to file declarations in support of class certification. (crb) (Entered: 02/03/1998)
187 MOTION request by Publix Super Market to designate portions of Shores, 95−1162−Civ−T−25E, and Middleton records for consideration by the court re: hearing held on 01/23/98; portions indicated as Shores [111, 112, 82]; Middleton [98, 157] (crb) (Entered: 02/03/1998)
188 RESPONSE by Steven Marrs, special appearance of non−party movant, in opposition to [180−1] Publix's motion for order to show cause re: deposition of Steven Marrs. (crb) (Entered: 02/05/1998)
189 MOTION by Lemuel Middleton and plaintiffs with memorandum in support for additional briefing ; supplemental brief in response to court's concerns about adequacy of representation attached. (crb) (Entered: 02/05/1998)
190 NOTICE of filing additional supplemental authority in support of response in opposition to motion for class certification 155 by Publix Super Market. Attachments. (crb) (Entered: 02/09/1998)
191 ORDER denying [149−1] defendant's motion to strike; denying [150−1] defendant's motion to strike; defendant shall file any counter−declarations with respect to the four witness within 10 days; declarations due 2/23/98 ; denying [168−1] plaintiffs' motion to strike defendant's unauthorized expert "sur−reply"; re: [169−1] plaintiffs' motion to strike appendices in excess is granted to the extent that additional arguments are stricken; denied as to remaining portions; denying [184−1] plaintiffs' motion for leave to file declarations; declarations shall be returned. ( Signed by Mag. Judge Thomas B. McCoun III ) ctc (crb) (Entered: 02/10/1998)
192 AFFIDAVIT REPORT on conference with opposing counsel who indicate they will oppose [189−1] motion for additional briefing by Kent Spriggs on behalf of Lemuel Middleton and plaintiffs. (crb) (Entered: 02/10/1998)
RETURNED declarations of Victor Kee and Amarilyns Dominguez as attached to 184 to plaintiffs per order 191 . (crb) (Entered: 02/10/1998)
193 RESPONSE by Publix Super Market to [189−1] motion for additional briefing. (crb) (Entered: 02/17/1998)
194 NOTICE of hearing: set for 2:00 p.m. on 3/5/98 for [180−1] motion for order to show cause re: deposition; scheduled for Mag. Judge Thomas B. McCoun III ctc (crb) (Entered: 02/18/1998)
195 NOTICE of filing additional supplemental authority in support of response in opposition to plaintiffs' motion for class certification 155 by Publix Super Market.

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02/26/1998 03/05/1998 03/10/1998 03/10/1998 03/12/1998 03/12/1998 03/13/1998
03/23/1998 03/27/1998 03/27/1998 03/30/1998 03/30/1998 04/03/1998 04/07/1998
04/08/1998 04/09/1998 04/09/1998 04/09/1998 04/09/1998

Attachments. (crb) (Entered: 02/23/1998)
196 NOTICE of filing counter−declarations of David Wright,Greg Heming and Steve Fisher by Publix Super Market. (crb) (Entered: 02/27/1998)
197 CLERK'S MINUTE ENTRY: motion hearing held on 3/5/98 before Judge Thomas B. McCoun, III (wlb) (Entered: 03/06/1998)
198 ORDER that pending Mr. Marrs's participation in the depositions, the court defers [180−1] defendant's motion for order to show cause. ( Signed by Mag. Judge Thomas B. McCoun III ) ctc (crb) (Entered: 03/11/1998)
SEALED DOCUMENT. S− 2 (crb) (Entered: 03/11/1998)
199 TRANSCRIPT of hearing on class certification motion held on 01/23/98 before Judge Thomas B. McCoun, III. (crb) (Entered: 03/12/1998)
200 TRANSCRIPT of defendant's motion for an order to show cause hearing held on 03/05/98 before Judge Thomas B. McCoun. (crb) (Entered: 03/17/1998)
201 ORDER denying [16−1] plaintiffs' motion in limine re: releases by defendant to potential class members, denying [16−2] motion in limine re: exclusion of class "B" sworn declaration, denying [16−3] motion in limine re: notice to potential class members denying [185−1] plaintiffs' emergency motion for adjudication of motion in limine ( Signed by Judge Henry L. Adams Jr. ) ctc (crb) (Entered: 03/17/1998)
202 MOTION by Steven Marrs to preserve the confidentiality of deposition until 3/29/98 ; motion to seal forthcoming, referred to Mag. Judge Thomas B. McCoun III (sak) (Entered: 03/24/1998)
203 MOTION by Steven Marrs, non party witness, to accept Publix's anticipated filing under seal referred to Mag. Judge Thomas B. McCoun III (crb) (Entered: 03/30/1998)
203 RENEWED RESPONSE by Steven Marrs, non−party witness, in opposition to [180−1] Publix's motion for order to show cause why he should not be held in contempt re: deposition. (crb) (Entered: 03/30/1998)
204 NOTICE of in camera submission to Magistrate Judge McCoun in connection with motion to accept Publix's anticipated submission of deposition under seal by Steven Marrs, non−party witness; no attachments. (crb) (Entered: 03/30/1998)
205 RESPONSE by Publix Super Market to [202−1] non−party witness, Steven Marrs', motion to preserve the confidentiality of deposition until 3/29/98. Attachments. (crb) (Entered: 04/01/1998)
206 RESPONSE by Publix Super Market in opposition to [203−1] Steven Marrs' motion to accept Publix's anticipated filing under seal. (crb) (Entered: 04/06/1998)
207 ORDER granting in part, denying in part [203−1] non−party witness Steven Marrs's motion to accept Publix's anticipated filing under seal; the confidentiality of portions of Mr. Marrs's deposition relating to his current medical condition is protected. The in−camera materials submitted by Steven Marrs shall be returned. ( Signed by Mag. Judge Thomas B. McCoun III ) ctc (crb) (Entered: 04/08/1998)
RETURNED in−camera confidential materials to non−party Steven Marrs as directed in order 207 . (crb) (Entered: 04/08/1998)
208 NOTICE of filing additional supplemental authority re: response in opposition to motion for class certfication 155 by Publix Super Market. Attachments. (crb) (Entered: 04/10/1998)
209 NOTICE of filing deposition of Steven Dewayne Marrs, vols. 1,2,&3 by Publix Super Market; depositions filed in expandable folders; by order of 04/07/98 207 portions of deposition are SEALED. (crb) (Entered: 04/10/1998)
SEALED DOCUMENT. S− 3 (crb) (Entered: 04/10/1998)
210 DEPOSITION of Steven Dewayne Marrs, vol. 1, dated 03/17/98, by Publix Super Market. Transcript filed separately. (crb) (Entered: 04/10/1998)

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04/09/1998 04/09/1998 04/09/1998 04/10/1998
04/14/1998 04/14/1998
04/14/1998
04/14/1998 04/14/1998 04/14/1998
04/15/1998 04/29/1998 04/29/1998 04/29/1998 05/01/1998 05/20/1998 06/16/1998

211 DEPOSITION of Steven Dewayne Marrs, vol. 2, dated 03/18/98, by Publix Super Market. Transcript filed separately. (crb) (Entered: 04/10/1998)
212 DEPOSITION of Steven Dewayne Marrs, vol. 3, dated 3/19/98, by Publix Super Market. Transcript filed separately. (crb) (Entered: 04/10/1998)
213 REPORT on deposition of Steven Dewayne Marrs by Publix Super Market; exhibits attached. (crb) (Entered: 04/10/1998)
214 MOTION by Steven Marrs to strike [205−1] motion response to motion to preserve the confidentiality of deposition testimony , to strike [206−1] opposition response to motion to accept Publix's anticipated filing under seal , for sanctions (crb) (Entered: 04/10/1998)
215 EXHIBITS submitted to the court during hearing held on 01/23/98 before Magistrate Judge Thomas McCoun on motion for class certification by Publix Super Market. (crb) (Entered: 04/14/1998)
ENDORSED ORDER granting [187−1] motion to designate portions of Shores, 95−1162−Civ−T−25E, and Middleton records for consideration by the court re: hearing held on 01/23/98; portions indicated as Shores [111, 112, 82]; Middleton [98, 157] ( Signed by Mag. Judge Thomas B. McCoun III ) ctc (crb) (Entered: 04/15/1998)
216 ORDER denying [180−1] defendant's motion for order to show cause; denying as moot [214−1] Steven Marrs' motion to strike; denying as moot [214−2] motion to strike; denying as moot [214−3] motion for sanctions; denying [189−1] plaintiff's motion for additional briefing. The clerk is directed to return brief. ( Signed by Mag. Judge Thomas B. McCoun III ) ctc (crb) (Entered: 04/15/1998)
217 MOTION by Steven Marrs, non−party witness, for reconsideration of [207−1] order of 04/07/98 referred to Mag. Judge Thomas B. McCoun III (crb) (Entered: 04/15/1998)
218 REPLY memorandum by Steven Marrs to response to [203−1] motion to accept Publix's anticipated filing under seal (crb) (Entered: 04/15/1998)
219 CERTIFICATE affidavit of compliance with Local Rule 3.01(g), good faith attempt to resolve issues, of Paul M. Zimmerman, Esq. on behalf of Steven Marrs, non−party witness, re: [214−1] motion to strike, [214−2] motion to strike, [214−3] motion for sanctions. (crb) (Entered: 04/15/1998)
RETURNED plaintiffs' motion for additional briefing 189 as directed in order 216 . (crb) (Entered: 04/15/1998)
220 STATUS REPORT on depositions of Heather Lindsay and Steve Marrs by Lemuel Middleton and class plaintiffs. (crb) (Entered: 04/29/1998)
221 NOTICE of filing deposition of Heather Lindsay by Lemuel Middleton and class plaintiffs. (crb) (Entered: 04/29/1998)
222 DEPOSITION of Heather Lindsay dated 02/11/98 by Lemuel Middleton and class plaintiffs. (crb) (Entered: 04/29/1998)
223 RESPONSE by Publix Super Market to [220−1] status report. (crb) (Entered: 05/04/1998)
224 NOTICE of filing additional supplemental authority in support of response in opposition to plaintiffs' motion for class certification 155 by Publix Super Market; attachments. (crb) (Entered: 05/21/1998)
225 REPORT AND RECOMMENDATIONS regarding granting [80−1] plaintiffs' motion for class certification to the extent that the court certify the subclass as described; plaintiffs, Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, and Joya Fulton should be appointed as plaintiffs' class representatives. Leave should be granted for intervening plaintiffs, at least on the hiring claims and Kent Spriggs and the Spriggs Law Firm should be appointed as plaintiffs' class counsel; motion no longer referred; objections to R and R due by 6/30/98. (Signed by Magistrate Judge

Case: 8:97-cv-00760-JDW As of: 06/15/2010 01:02 PM EDT 21 of 33

06/30/1998 06/30/1998 06/30/1998 06/30/1998
07/13/1998 07/16/1998
07/20/1998 07/22/1998 07/29/1998
08/14/1998 09/21/1998
09/28/1998 09/30/1998 09/30/1998 10/05/1998 10/05/1998 10/05/1998

Thomas McCoun) ctc (crb) Modified on 06/17/1998 (Entered: 06/16/1998)
226 OBJECTION by Lemuel Middleton and plaintiffs to [225−1] report and recommendation on class certification. (crb) (Entered: 07/01/1998)
227 OBJECTION by Publix Super Market to [225−1] report and recommendations on plaintiffs' motion for class certification. Attachments. (crb) (Entered: 07/01/1998)
228 NOTICE of filing declaration of Joan G. Haworth, Ph.D. and Sharon Kelly, Ph.D. by Publix Super Market. (crb) (Entered: 07/01/1998)
228 SUPPLEMENTAL DECLARATION of Joan G. Haworth, Ph.D. and Sharon Kelly, Ph.D. of Economic Research Services, Inc. by Publix Super Market re: [162−1] Report on Class Certification Issues and Statistics. (crb) (Entered: 07/01/1998)
229 JOINT MOTION by Lemuel Middleton and class plaintiffs and Publix Super Market to extend time to each other's objections to report and recommendation; plaintiffs to 07/20/98; defendant to 07/22/98 (crb) (Entered: 07/14/1998)
230 ORDER granting [229−1] joint motion to extend time to respond to report and recommendation; plaintiff's response is due 07/20/98; defendant's response is due 07/22/98, Objections reset to 7/20/98 for [225−1] report and recommendations ( Signed by Judge Henry L. Adams Jr. ) ctc (gw) (Entered: 07/17/1998)
231 RESPONSE to defendant's objections to report and recommendation on motion for class certification 227 by Lemuel Middleton and class plaintiffs. Attachments. (crb) (Entered: 07/20/1998)
232 RESPONSE to plaintiffs' objections 231 to Magistrate Judges' report and recommendation on class certification 226 by Publix Super Market. (crb) (Entered: 08/11/1998)
233 MOTION by Publix Super Market with memorandum in support to strike new report from Dr. David Rasmussen, expert statistician, re: [231−1] response to defendant's objections to report and recommendations on motion for class certification 231 (crb) (Entered: 07/30/1998)
234 RESPONSE by Lemuel Middleton and class plaintiffs to [233−1] defendant's motion to strike new report from Dr. David Rasmussen. (crb) (Entered: 08/14/1998)
235 MOTION by Lemuel Middleton and plaintiffs with memorandum in support to dismiss with prejudice the claims of plaintiffs David Kee, Sherria Campbell, Charles Jackson, Byron Williams ; proposed order attached (crb) (Entered: 09/24/1998)
236 NOTICE of filing supplemental authority in support of objections to report and recommendation on plaintiffs' motion for class certification 227 by Publix Super Market; attachment (crb) Modified on 09/30/1998 (Entered: 09/29/1998)
237 ORDER deferring [101−1] defendants' motion for summary judgment and [151−1] motion for summary judgment on named plaintiff Lemuel Middleton's claims ( Signed by Judge Henry L. Adams Jr. ) ctc (crb) (Entered: 09/30/1998)
238 ORDER deferring [177−1] defendant's motion concerning unresolved merits discovery matters from the parties' case management report ( Signed by Mag. Judge Thomas B. McCoun III ) ctc (crb) (Entered: 10/01/1998)
239 MEMORANDUM in response consenting to motion to dismiss with prejudice 235 of four plaintiffs conditioned upon award of taxable costs and attorneys' fees by Publix Super (crb) (Entered: 10/07/1998)
240 MOTION by Publix Super Market for bill of costs to be taxed against David Kee ; attachments (crb) (Entered: 10/07/1998)
241 MOTION by Publix Super Market for bill of costs to be taxed against Byron Williams ; attachments (crb) (Entered: 10/07/1998)

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10/05/1998 10/05/1998 10/07/1998 10/13/1998 10/19/1998 10/20/1998 10/26/1998 11/02/1998 11/09/1998 01/14/1999 01/27/1999 01/27/1999 02/11/1999 03/17/1999
03/22/1999

242 MOTION by Publix Super Market for bill of costs to be taxed against Charles Jackson ; attachments (crb) (Entered: 10/07/1998)
243 MOTION by Publix Super Market for bill of costs to be taxed against Sherria Campbell ; attachments (crb) (Entered: 10/07/1998)
244 NOTICE of filing additional supplemental authority in support of objections to report and recommendation on plaintiff's motion for class certification 227 by Publix Super Market; attachment (crb) (Entered: 10/08/1998)
245 RESPONSE re: clarification regarding status of motion concerning unresolved merits discovery matters 177 as ordered deferred on 09/30/98 238 by Publix Super Market (crb) (Entered: 10/14/1998)
246 RESPONSE by Lemuel Middleton and class plaintiffs to [245−1] defendant's clarification regarding status 245 of motion concerning unresolved merits discovery matters 177 as ordered on 09/30/98 238 (crb) (Entered: 10/20/1998)
247 MOTION by Lemuel Middleton and class plaintiffs with memorandum in support to amend [1−1] complaint and to strike defendant's jury demand re: [17−1] answer ; first amended class action complaint attached (crb) (Entered: 10/20/1998)
248 MOTION by Publix Super Market for leave to file reply brief in support of motion to dismiss with prejudice the claims of plaintiffs Kee, Campbell, Jackson, and Williams (proposed reply brief attached) (eec) (Entered: 10/27/1998)
249 RESPONSE by Publix Super Market to [247−1] motion to amend [1−1] complaint, [247−2] motion to strike defendant's jury demand re: [17−1] answer. (eec) (Entered: 11/03/1998)
250 RESPONSE by Publix Super Market in opposition to [248−1] motion for leave to file reply brief in support of motion to dismiss with prejudice the claims of plaintiffs Kee, Campbell, Jackson, and Williams. (eec) (Entered: 11/10/1998)
251 NOTICE of filing new Federal Rules authority by plaintiffs Lemuel Middleton, et al. in support of plaintiffs' positions on the cross objections to the Magistrate Judge's report and recommendation on class certification. (eec) (Entered: 01/15/1999)
252 MOTION by Publix Super Market to strike [251−1] plaintiff's notice of new federal rules authority (eec) (Entered: 01/28/1999)
253 RESPONSE by Publix Super Market to [251−1] plaintiff's notice of new federal rules authority. (eec) (Entered: 01/28/1999)
254 RESPONSE by plaintiffs Lemuel Middleton, et. al., to [252−1] motion to strike [251−1] plaintiff's notice of new federal rules authority. (eec) (Entered: 02/12/1999)
255 ORDER denying [233−1] motion to strike new report from Dr. David Rasmussen, expert statistician, re: [231−1] response to defendant's objections to report and recommendations on motion for class certification 231 granting [235−1] motion to dismiss with prejudice the claims of plaintiffs David Kee, Sherria Campbell, Charles Jackson, Byron Williams, and said plaintiffs are dismissed with prejudice, denying [241−1] motion for bill of costs to be taxed Byron Williams denying [248−1] motion for leave to file reply brief in support of motion to dismiss with prejudice the claims of plaintiffs Kee, Campbell, Jackson, and Williams denying [252−1] motion to strike [251−1] plaintiff's notice of new federal rules authority, to motion. Plaintiffs shall have 10 days from the date of this order in which to file a response, if any, to the cost of bills filed by defendants, reset to 3/31/99 for [243−1] motion for bill of costs to be taxed against Sherria Campbell, reset to for [242−1] motion for bill of costs to be taxed against Charles Jackson, reset to 3/31/99 for [240−1] motion for bill of costs to be taxed against David Kee ( Signed by Judge Henry L. Adams Jr. ) ctc (wlb) (Entered: 03/19/1999)
256 ORDER adopting report and recommendation except that the Court declines to certify a hiring subclass at this time; (See order for further information) granting [247−1] motion to amend [1−1] complaint, Publix shall have 45 days to conduct discovery and submit memorandum regarding whether plaintiff Charmaine

Case: 8:97-cv-00760-JDW As of: 06/15/2010 01:02 PM EDT 23 of 33

03/22/1999
03/26/1999
03/26/1999 03/29/1999
03/30/1999 04/02/1999 04/05/1999 04/05/1999 04/06/1999
04/06/1999
04/12/1999 04/15/1999 04/21/1999

Washington is an appropriate class representative with respect to plaintiffs hiring claim and plaintiffs shall have 10 days to respond; denying [247−2] motion to strike defendant's jury demand re: [17−1] answer ( Signed by Judge Henry L. Adams Jr. ) ctc (jlh) (Entered: 03/23/1999)
257 AMENDED COMPLAINT by Lemuel Middleton, Reginald Lewis, John Kee, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Victor Kee, Andrew Lovett amending [1−1] complaint against Charmaine Washington. Terminated plaintiff Laswanya Jackson, plaintiff John Kee . (Answer due 4/1/99 for Publix Super Market ) (jlh) (Entered: 03/23/1999)
258 MOTION by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Victor Kee, Andrew Lovett, Charmaine Washington with memorandum in support for reconsideration of [256−1] order dated 3/22/99 denying motion to strike jury demand (jlh) (Entered: 03/26/1999)
259 MOTION by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Victor Kee, Andrew Lovett, Charmaine Washington to extend time to file objections to bill of costs (jlh) (Entered: 03/26/1999)
260 CERTIFICATE OF COMPLIANCE by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Victor Kee, Andrew Lovett, Charmaine Washington with Local Rule 3.01(G) regarding [259−1] motion to extend time to file objections to bill of costs (gkm) (Entered: 03/30/1999)
261 ORDER granting [259−1] motion to extend time to file objections to bill of costs. Objections to Publix's Bills of Costs due up to and including 4/2/99. ( Signed by Judge Henry L. Adams Jr. ) ctc (ma) (Entered: 03/30/1999)
262 MEMORANDUM by David Kee, Byron Williams, Sherria Campbell, Charles Jackson in opposition to [243−1] motion for bill of costs to be taxed against Sherria Campbell, [242−1] Charles Jackson, [241−1] Byron Williams, and [240−1] David Kee (kit) (Entered: 04/05/1999)
264 CORRECTED OBJECTIONS by David Kee, Byron Williams, Sherria Campbell, Charles Jackson in opposition to defendant's bills of costs (jlh) (Entered: 04/06/1999)
263 NOTICE of filing corrected objections to bills of costs by David Kee, Byron Williams, Sherria Campbell, Charles Jackson (jlh) (Entered: 04/06/1999)
265 NOTICE of filing declaration of Sherria Campbell in support of [264−1] corrected objections to bills of costs regarding Sherria Campbell, Charles Jackson, David Kee and Byron Williams by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Victor Kee, Andrew Lovett, Charmaine Washington (mrh) (Entered: 04/07/1999)
266 AFFIDAVIT (declaration) of Sherria Campbell by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Victor Kee, Andrew Lovett, Charmaine Washington Re: support of [264−1] corrected objections to bills of costs; exhibits attached. (mrh) (Entered: 04/07/1999)
267 RESPONSE by Publix Super Market in opposition to [258−1] motion for reconsideration of [256−1] order dated 3/22/99 denying motion to strike jury demand (jlh) (Entered: 04/13/1999)
268 ANSWER and defenses by Publix Super Market to amended complaint; jury demand (jlh) (Entered: 04/16/1999)
269 ORDER (entered at USCA dated 4/19/99 and styled Publix v. Middleton) Respondent's motion for extension of time until 4/22/99 to respond to petition for permission to appeal is granted. (gw) (Entered: 04/22/1999)

Case: 8:97-cv-00760-JDW As of: 06/15/2010 01:02 PM EDT 24 of 33

04/26/1999
04/28/1999 05/03/1999 05/04/1999
05/04/1999
05/06/1999 05/06/1999 05/06/1999 05/10/1999 05/14/1999 05/17/1999
05/20/1999
06/02/1999 06/02/1999 06/02/1999 06/03/1999 06/04/1999

270 NOTICE of attorney appearance as co−counsel for Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Victor Kee, Andrew Lovett, Charmaine Washington by Walter E. Aye (rjc) (Entered: 04/27/1999)
271 NOTICE of telephonic status hearing on discovery: set telephonic status conference on discovery for 10:00 5/21/99 Scheduled for Mag.Judge Thomas B. McCoun III ctc (rjc) (Entered: 04/29/1999)
272 ORDER (entered at USCA) Petition for permission to appeal pursuant to Rule 23(f) is denied. MFR Number 119/528 (gw) (Entered: 05/05/1999)
273 MOTION by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Victor Kee, Andrew Lovett, Charmaine Washington with memorandum in support to quash subpoenas to colleges attended by Charmaine Washington referred to Mag.Judge Thomas B. McCoun III (cek) (Entered: 05/05/1999)
274 MOTION by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Victor Kee, Andrew Lovett, Charmaine Washington with memorandum in support to quash subpoenas to colleges attended by Charmaine Washington referred to Mag.Judge Thomas B. McCoun III (jnb) (Entered: 05/06/1999)
275 MEMORANDUM by Publix Super Market in opposition to [256−1] order permitting certification of a hiring subclass with Charmaine Washington as class representative. Exhibits filed under separate cover. (jnb) (Entered: 05/07/1999)
276 NOTICE of filing Charmaine Washington deposition transcript by Publix Super Market (jnb) (Entered: 05/07/1999)
276 DEPOSITION of Charmaine Washington by Publix Super Market re: [275−1] opposition memorandum (jnb) (Entered: 05/07/1999)
277 NOTICE of filing declarations of Elisa Mendia and David Wright by Publix Super Market (jlh) (Entered: 05/11/1999)
278 NOTICE of telephone status conference Hearing: set status conference for 2:30 6/1/99 Scheduled for Mag.Judge Thomas B. McCoun III ctc (jlh) (Entered: 05/17/1999)
279 MEMORANDUM by Publix Super Market in opposition to [274−1] motion to quash subpoenas to colleges attended by Charmaine Washington, [273−1] motion to quash subpoenas to colleges attended by Charmaine Washington (cek) (Entered: 05/18/1999)
280 RESPONSE MEMORANDUM by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Victor Kee, Andrew Lovett, Charmaine Washington to [275−1] opposition memorandum regarding whether Charmaine Washington is an appropriate class representative (jlh) (Entered: 05/21/1999)
281 AMENDED ORDER denying without prejudice [177−1] motion concerning unresolved merits discovery matters from the parties' case management report ( Signed by Mag.Judge Thomas B. McCoun III ) ctc (jlh) (Entered: 06/03/1999)
282 ORDER that the parties shall file a supplemental case management report within 10 days ( Signed by Mag.Judge Thomas B. McCoun III ) ctc (jlh) (Entered: 06/03/1999)
283 MINUTE ENTRY: Status conference held on 6/1/99 before Judge Thomas B. McCoun Court Reporter: Tape 66 (jlh) (Entered: 06/03/1999)
Status conference held (jlh) (Entered: 06/03/1999)
284 NOTICE of supplemental authority in support of memorandum in opposition to certification of hiring subclass with Charmaine Washington as Class Representative by Publix Super Market (jlh) (Entered: 06/07/1999)

Case: 8:97-cv-00760-JDW As of: 06/15/2010 01:02 PM EDT 25 of 33

06/04/1999
06/09/1999
06/16/1999 06/18/1999
06/21/1999 06/22/1999 06/22/1999 06/30/1999 07/06/1999 07/07/1999 07/12/1999 07/12/1999 07/12/1999 07/12/1999
07/13/1999

285 ORDER granting in part, denying in part [274−1] motion to quash subpoenas to colleges attended by Charmaine Washington The subpoena toward BergenCommunity College is quashed. However Publix may re−issue to Webster College and St. Leo college requesting documents establishing Washington's matriculation at each school etc. To this extent the motion to quash is denied, insofar as the contested subpoenas seek additional information from these colleges, the motion to quash is granted. ( Signed by Mag.Judge Thomas B. McCoun III ) ctc (jlh) (Entered: 06/07/1999)
286 MOTION by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Victor Kee, Andrew Lovett, Charmaine Washington with memorandum in support to amend [1−1] complaint , and and designate a new representative for the hirging subclass (jlh) (Entered: 06/11/1999)
287 MOTION by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Victor Kee, Andrew Lovett, Charmaine Washington to extend time fin which to file case management report (jlh) (Entered: 06/16/1999)
288 MOTION by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Victor Kee, Andrew Lovett, Charmaine Washington with memorandum in support to substitute proposed amended complaint attached to pending motion to amend the complaint (jlg) (Entered: 06/18/1999)
289 MOTION by Charmaine Washington to dismiss her claims without prejudice (jlh) (Entered: 06/21/1999)
290 ORDER granting [287−1] motion to extend time fin which to file case management report up to 6/30/99 ( Signed by Judge Henry L. Adams Jr. ) ctc (jlh) (Entered: 06/22/1999)
291 RESPONSE by Publix Super Market in opposition to [286−1] motion to amend [1−1] complaint, [286−2] motion to designate a new representative for the hirging subclass (rjc) (Entered: 06/23/1999)
292 SUPPLEMENTAL CASE MANAGEMENT REPORT regarding merits discovery. (mrh) (Entered: 07/01/1999)
293 JOINDER (memorandum) in [289−1] motion to dismiss her claims without prejudice Charmaine Washington's claims conditioned upon award of costs and attorneys' fees by Publix Super Markets. (mrh) (Entered: 07/08/1999)
294 RESPONSE by Publix Super Market to [288−1] motion to substitute proposed amended complaint attached to pending motion to amend the complaint (mrh) (Entered: 07/08/1999)
295 MOTION by Publix Super Market with memorandum in support to sever claims of victor Kee and Andrew Lovett , and for separate trials (jlh) (Entered: 07/13/1999)
296 MOTION by Publix Super Market with memorandum in support to serve additional interrogatories referred to Mag.Judge Thomas B. McCoun III (jlh) (Entered: 07/13/1999)
297 MOTION by Publix Super Market with memorandum in support to resolve dispute regarding scope of stage 1 trial (jlh) (Entered: 07/13/1999)
298 MOTION by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Victor Kee, Andrew Lovett, Charmaine Washington with memorandum in support concerning disputed issues in the supplemental case management report (jlh) (Entered: 07/13/1999)
299 NOTICE of filing original declaration by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Victor Kee, Andrew Lovett, Charmaine Washington (jlh) Modified on 05/31/2001 (Entered: 07/14/1999)

Case: 8:97-cv-00760-JDW As of: 06/15/2010 01:02 PM EDT 26 of 33

07/13/1999 07/22/1999 07/26/1999
07/29/1999
07/29/1999 07/29/1999 07/29/1999 08/23/1999 10/07/1999
11/02/1999
11/16/1999 02/02/2000
02/18/2000 03/15/2000

300 AFFIDAVIT of David Rasmussen by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Victor Kee, Andrew Lovett, Charmaine Washington Re: [299−1] notice (jlh) (Entered: 07/14/1999)
301 RESPONSE by Charmaine Washington to [293−1] memorandum requesting costs and fees as a condition for the dismissal of her claims. (eec) (Entered: 07/23/1999)
302 CASE MANAGEMENT AND SCHEDULING ORDER setting expert witness disclosure 5/2/00; Discovery cutoff 6/2/00; Deadline for filing of motions 7/3/00; Pretrial statement due on or before 11/27/00; Pretrial conference for 9:00 12/1/00; Jury trial set for 1/2/01 Scheduled for Judge Henry L. Adams. Jr. ( signed by Judge Henry L. Adams Jr. ) ctc (eec) Modified on 07/26/1999 (Entered: 07/26/1999)
303 RESPONSE by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Victor Kee, Andrew Lovett, Charmaine Washington to [295−1] motion to sever claims of Victor Kee and Andrew Lovett, [295−2] motion for separate trials. (eec) (Entered: 07/30/1999)
304 RESPONSE by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Victor Kee, Andrew Lovett, Charmaine Washington to [296−1] motion to serve additional interrogatories. (eec) (Entered: 07/30/1999)
305 RESPONSE by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Victor Kee, Andrew Lovett, Charmaine Washington to [297−1] motion to resolve dispute regarding scope of stage 1 trial. (eec) (Entered: 07/30/1999)
306 RESPONSE IN PARTIAL OPPOSITION by Publix Super Market to [298−1] motion concerning disputed issues in the supplemental case management report. (eec) (Entered: 07/30/1999)
307 ORDER granting [296−1] motion to serve additional interrogatories. ( Signed by Mag.Judge Thomas B. McCoun III ) ctc (eec) (Entered: 08/24/1999)
308 ORDER granting [240−1] motion for bill of costs to be taxed against David Kee, granting [242−1] motion for bill of costs to be taxed against Charles Jackson, granting [243−1] motion for bill of costs to be taxed against Sherria Campbell. To the extent that Publix's costs are taxed in the total amount of $262.85. See order for details. ( Signed by Judge Henry L. Adams Jr. ) ctc (eec) (Entered: 10/08/1999)
309 MOTION by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Andrew Lovett, Victor Kee, Charmaine Washington to allow further briefing on the issue of the representative of the hiring subclass (memorandum attached) (eec) Modified on 11/05/1999 (Entered: 11/03/1999)
310 RESPONSE by Publix Super Market in opposition to [309−1] motion to allow further briefing on the issue of the representative of the hiring subclass. (eec) (Entered: 11/17/1999)
311 MOTION by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Victor Kee, Andrew Lovett, Charmaine Washington to compel responses to first request for production of documents for merits discovery referred to Mag.Judge Thomas B. McCoun III. (eec) (Entered: 02/03/2000)
312 MEMORANDUM by Publix Super Market in opposition to [311−1] motion to compel responses to first request for production of documents for merits discovery. (eec) (Entered: 02/23/2000)
313 NOTICE of telephone status conference hearing: set telephone conference for 10:45 4/7/00 Scheduled for Mag.Judge Thomas B. McCoun III ctc (rjc) (Entered: 03/16/2000)

Case: 8:97-cv-00760-JDW As of: 06/15/2010 01:02 PM EDT 27 of 33

03/16/2000 03/20/2000 03/21/2000 03/21/2000 03/21/2000
03/21/2000
03/21/2000 03/30/2000
04/06/2000
04/17/2000 04/17/2000 04/19/2000 04/19/2000
04/20/2000 04/21/2000

314 AMENDED NOTICE of Hearing: reset telephone status conference for 10:00 4/19/00 Scheduled for Mag.Judge Thomas B. McCoun III ctc (jnb) (Entered: 03/17/2000)
Motion(s) referred: [298−1] motion concerning disputed issues in the supplemental case management report referred to Mag.Judge Thomas B. McCoun III. (eec) (Entered: 03/20/2000)
315 ORDER granting [295−1] motion to sever claims of Victor Kee and Andrew Lovett, granting [295−2] motion for separate trials; the parties shall submit a case management report for each of these claims within 15 days. ( Signed by Judge Henry L. Adams Jr. ) ctc (eec) (Entered: 03/22/2000)
316 ORDER granting [289−1] motion to dismiss her claims without prejudice; the claims of plaintiff Charmaine Washington are dismissed without prejudice. ( Signed by Judge Henry L. Adams Jr. ) ctc (eec) (Entered: 03/22/2000)
317 ORDER granting [297−1] motion to resolve dispute regarding scope of stage I trial; only class−wide pattern or practice of discrimination issues shall be tried during stage I proceedings. The claims of the individual class representatives shall be tried during state II proceedings. ( Signed by Judge Henry L. Adams Jr. ) ctc (eec) (Entered: 03/22/2000)
318 ORDER denying [286−1] motion to amend [1−1] complaint; denying as moot [286−2] motion and designate a new representative for the hirging subclass; denying [288−1] motion to substitute proposed amended complaint attached to pending motion to amend the complaint; denying [309−1] motion to allow further briefing on the issue of the representative the hiring subclass. ( Signed by Judge Henry L. Adams Jr. ) ctc (eec) (Entered: 03/22/2000)
319 ORDER denying [258−1] motion for reconsideration of [256−1] order dated 3/22/99 denying motion to strike jury demand. ( Signed by Judge Henry L. Adams Jr. ) ctc (eec) (Entered: 03/22/2000)
320 NOTICE OF HEARING: Motion hearing set for 9:30 4/19/00 for [311−1] motion to compel responses to first request for production of documents for merits discovery, and for [298−1] motion concerning disputed issues in the supplemental case management report Scheduled for Mag.Judge Thomas B. McCoun III ( Signed by Mag.Judge Thomas B. McCoun III ) ctc (eec) (Entered: 03/31/2000)
321 JOINT MOTION by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Victor Kee, Andrew Lovett, Publix Super Market (joint) for extension of time to submit case management report for the claims of plaintiffs Kee and Lovett, until 4/14/00 (eec) (Entered: 04/06/2000)
322 CASE MANAGEMENT REPORT on the claims of Victor Kee. (eec) (Entered: 04/18/2000)
323 CASE MANAGEMENT REPORT on the claims of Andrew Lovett. (eec) (Entered: 04/18/2000)
324 STATUS CONFERENCE held on 4/19/00 before Mag.Judge Thomas B. McCoun III. Court Reporter: Carol Jacobs. (eec) (Entered: 04/20/2000)
325 MOTION by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Victor Kee, Andrew Lovett, Publix Super Market to continue expert witness disclosures, until 6/13/00 , to continue discovery cut−off, until 7/21/00 , to continue dispositive motion filing deadline, until 9/11/00 (eec) Modified on 05/02/2000 (Entered: 04/20/2000)
326 ORDER granting, nunc pro tunc, [321−1] joint motion for extension of time to submit case management report for the claims of plaintiffs Kee and Lovett, until 4/14/00 ( Signed by Judge Henry L. Adams Jr. ) ctc (ls) (Entered: 04/21/2000)
327 ORDER granting in part, denying in part [298−1] motion concerning disputed issues in the supplemental case management report; granting in part; denying in part [311−1] motion to compel responses to first request for production of

Case: 8:97-cv-00760-JDW As of: 06/15/2010 01:02 PM EDT 28 of 33

05/01/2000
05/01/2000
06/01/2000 06/14/2000
06/14/2000
06/22/2000 08/29/2000 09/01/2000 09/29/2000 10/02/2000 10/02/2000 10/02/2000 10/04/2000 10/04/2000

documents for merits discovery. See order for details. ( Signed by Mag.Judge Thomas B. McCoun III ) ctc (eec) Modified on 05/01/2000 (Entered: 04/24/2000)
328 ORDER granting [325−1] motion to continue expert witness disclosures, granting [325−2] motion to continue discovery cut−off, granting [325−3] motion to continue dispositive motion filing deadline; discovery cutoff 7/21/00 , dispositive motion filing deadline for 9/11/00 , pretrial conference for 10:30 1/26/01 scheduled for Judge Henry L. Adams Jr. , pretrial statement deadline for 1/23/01 , jury trial for 3/3/01 scheduled for Judge Henry L. Adams Jr. ( Signed by Judge Henry L. Adams Jr. ) ctc (eec) Modified on 05/02/2000 (Entered: 05/02/2000)
329 CASE MANAGEMENT AND SCHEDULING ORDER setting Expert witness disclosure 10/4/00; discovery cutoff 11/3/00; dispositive motion filing deadline for 12/4/00; Pretrial statement due on or before 4/24/01; Pretrial conference for 10:30 4/27/01; Jury trial set for 6/4/01; Scheduled for Judge Henry L. Adams Jr. ( signed by Judge Henry L. Adams Jr. ) ctc (eec) (Entered: 05/02/2000)
330 NOTICE OF CASE REASSIGNMENT to the Honorable Judge James D. Whittemore. ctc (jlh) (Entered: 06/01/2000)
331 MOTION by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Victor Kee, Andrew Lovett, Publix Super Market to continue expert witness disclosures, until 9/5/00 , to continue discovery cut−off, until 10/13/00 , to continue dispositive motions filing deadline, until 12/4/00 (eec) (Entered: 06/15/2000)
332 ORDER granting [331−1] motion to continue expert witness disclosures, until 9/5/00; granting [331−2] motion to continue discovery cut−off, until 10/13/00; granting [331−3] motion to continue dispositive motions filing deadline, until 12/4/00; reset expert witness disclosure deadline for 9/5/00; reset discovery due for 10/13/00 , reset dispositive motion filing deadline for 12/4/00 ( Signed by Mag.Judge Thomas B. McCoun III ) ctc (eec) (Entered: 06/15/2000)
333 ORDER granting [31−1] motion to amend and modify [15−1] order of 05/08/97 governing class certification schedule, reset witness disclosures to 9/5/00, reset discovery due for 10/13/00 , reset dispositive motion filing deadline for 12/4/00 ( Signed by Judge James D. Whittemore ) ctc (rjc) (Entered: 06/23/2000)
334 MOTION by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Victor Kee, Andrew Lovett, Publix Super Market to continue certain pretrial deadlines (eec) (Entered: 08/30/2000)
335 ORDER granting in part [334−1] motion to continue certain pretrial deadlines; expert witness disclosure for 10/16/00; discovery due for 11/24/00 The deadline for filing dispositive motions shall remain 12/4/00. ( Signed by Judge James D. Whittemore ) ctc (eec) (Entered: 09/01/2000)
336 NOTICE of hearing by Publix Super Market, re: case status conference. (eec) (Entered: 10/02/2000)
337 STATUS CONFERENCE held on 10/2/00 before Judge James D. Whittemore; Court Reporter: Kathleen Walden. (eec) (Entered: 10/03/2000)
ORAL MOTION in open court by Publix Super Market for in−camera hearing (eec) (Entered: 10/03/2000)
ORAL ORDER denying [0−0] motion for in−camera hearing. ( Entered by Judge James D. Whittemore ) (eec) (Entered: 10/03/2000)
338 MOTION by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Victor Kee, Andrew Lovett for leave to withdraw attorney, Kesler T. Roberts (eec) (Entered: 10/05/2000)
339 ORDER expert witness disclosure deadline for 12/15/00; discovery due for 1/26/01 ; dispositive motion filing deadline for 2/9/01 ( Signed by Judge James D. Whittemore ) ctc (eec) (Entered: 10/05/2000)

Case: 8:97-cv-00760-JDW As of: 06/15/2010 01:02 PM EDT 29 of 33

10/10/2000
10/11/2000 10/27/2000
11/07/2000 12/29/2000
12/29/2000 12/29/2000
01/04/2001 01/04/2001
01/05/2001 01/19/2001 01/23/2001 01/23/2001 02/20/2001 02/23/2001 03/19/2001 03/19/2001

340 NOTICE of filing proposed order amending case management and scheduling order as to palintiffs Kee and Lovett by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Victor Kee, Andrew Lovett, Publix Super Market (jlh) (Entered: 10/11/2000)
341 ORDER granting [338−1] motion for leave to withdraw attorney, Kesler T. Roberts. (Terminated attorney Kessler T. Roberts for Charmaine Washington). (Signed by Judge James D. Whittemore), ctc (ag) (Entered: 10/12/2000)
342 AGREED MOTION by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Victor Kee, Andrew Lovett, Publix Super Market (agreed) to modify case management and scheduling order (jlh) Modified on 10/30/2000 (Entered: 10/30/2000)
343 ORDER denying as moot [342−1] agreed motion to modify case management and scheduling order. ( Signed by Judge James D. Whittemore ) ctc (eec) (Entered: 11/08/2000)
344 NOTICE by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Victor Kee, Andrew Lovett of unavailability of counsel from 1/29/01 to 2/23/01. (eec) (Entered: 01/02/2001)
345 NOTICE OF HEARING: status conference for 2:00 1/3/01 scheduled for Judge James D. Whittemore ( Signed by Judge James D. Whittemore ) ctc (eec) (Entered: 01/02/2001)
346 JOINT MOTION by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Victor Kee, Andrew Lovett, Publix Super Market (joint) requesting preliminary approval of proposed consent decree , and (unopposed) for leave to amend [257−1] amended complaint (attachments under separate cover) (eec) (Entered: 01/02/2001)
347 STATUS CONFERENCE held on 1/3/01 before Judge James D. Whittemore. (eec) (Entered: 01/05/2001)
348 ORDER granting [346−1] joint motion requesting preliminary approval of proposed consent decree, granting [346−2] unopposed motion for leave to amend [257−1] amended complaint. ( Signed by Judge James D. Whittemore ) ctc (eec) (Entered: 01/05/2001)
349 ORDER preliminarily approving proposed decree; see order for details. ( Signed by Judge James D. Whittemore ) ctc (eec) (Entered: 01/08/2001)
350 STIPULATION AND JOINT MOTION by Victor Kee, Andrew Lovett, Publix Super Market (stipulation and joint) for dismissal of their claims with prejudice (eec) (Entered: 01/22/2001)
351 ORDER granting [350−1] stipulation and joint motion for dismissal of their claims with prejudice; this case is dismissed with prejudice. ( by Judge James D. Whittemore ) ctc (eec) (Entered: 01/23/2001)
The dismissal (doc. 351) is only as to the parties that filed it. The dismissal does not close this case. (eec) (Entered: 01/30/2001)
ORDER dated 1/22/01 addressed to Jeffrey Freund returned "forwarding order expired" (jlh) (Entered: 02/21/2001)
352 ORDER directing administrative closure. ( Signed by Judge James D. Whittemore ) ctc (eec) (Entered: 02/26/2001)
Letter of Objection by Henry L. Wilson, re: proposed settlement (opt−out). (eec) Modified on 03/23/2001 (Entered: 03/19/2001)
Reply by Joseph Estime, re: proposed settlement (opt−out). (eec) Modified on 03/23/2001 (Entered: 03/19/2001)

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03/22/2001 03/23/2001 03/23/2001 03/26/2001 03/26/2001 04/02/2001
04/16/2001 04/16/2001 04/16/2001 04/16/2001 04/18/2001 04/25/2001 04/25/2001 04/26/2001 04/26/2001 05/01/2001
05/02/2001 05/03/2001 05/24/2001 06/01/2001
06/13/2001
06/13/2001 06/13/2001 06/13/2001

Letter by Maurice D. Daniels, re: settlement proposal (opt−out). (eec) Modified on 03/23/2001 (Entered: 03/22/2001)
Letter by Valentina Elena Washington, re: proposed settlement (opt−out). (eec) (Entered: 03/23/2001)
353 REPORT on completion of the initial notice procedures by Publix Super Market (bls) (Entered: 03/26/2001)
LETTER from Theresa R. Orelus re: Settlement Agreement (opt−out) (rjc) (Entered: 03/27/2001)
LETTER from Elijah Bryant re: Settlement Agreement (Agreement with settlement) (rjc) (Entered: 03/27/2001)
354 STATUS REPORT on settlement proceedings by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton. (eec) (Entered: 04/02/2001)
Letter from Shunquita M. Oaletree, re: proposed settlement. (opt−out) (eec) (Entered: 04/16/2001)
Letter from Sederre Pierre, re: proposed settlement. (eec) (Entered: 04/17/2001)
Letter from Jean Pierre, re: proposed settlement. (eec) (Entered: 04/17/2001)
Letter from Martha Louzy, re: proposed settlement. (eec) (Entered: 04/17/2001)
Letter from Jewell Moore, re: proposed settlement. (opt−out) (eec) (Entered: 04/18/2001)
Letter by Maurice Devon Hartage, re: proposed settlement. (eec) (Entered: 04/25/2001)
Letter from Edwina Edmonds, re: proposed settlement. (eec) (Entered: 04/27/2001)
Letter from Emmanuel Joseph, re: proposed settlement. (eec) (Entered: 04/27/2001)
Letter from Camille Johnson, re: proposed settlement. (opt−out) (eec) (Entered: 04/27/2001)
355 STATUS REPORT on settlement proceedings as of 4/30/01 by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton. (eec) Modified on 09/06/2002 (Entered: 05/01/2001)
Letter from Pierre W. Joseph, re: proposed settlement. (eec) (Entered: 05/02/2001)
Letter from Barbara Stephens, re: proposed settlement. (opt−out) (eec) (Entered: 05/04/2001)
Letter from Christopher T. Lee, re: proposed settlement. (eec) (Entered: 05/25/2001)
356 STATUS REPORT on settlement proceedings as of 5/31/02 by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton. (eec) Modified on 09/06/2002 (Entered: 06/04/2001)
357 UNOPPOSED MOTION by Publix Super Market (unopposed) for leave to bring laptop computer into the courtroom for the fairness hearing (eec) (Entered: 06/13/2001)
358 MEMORANDUM by Publix Super Market in support of final approval of consent decree. (eec) Modified on 06/20/2001 (Entered: 06/13/2001)
359 REPORT ON COMPLETION OF THE NOTICE PROCEDURES by Publix Super Market. (eec) (Entered: 06/13/2001)
360 BRIEF by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton in support of final approval of consent decree. (eec) (Entered: 06/14/2001)

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06/13/2001 06/13/2001 06/13/2001 06/13/2001 06/15/2001 06/18/2001 06/18/2001
06/21/2001 06/21/2001
07/02/2001 07/09/2001 07/12/2001
07/12/2001
07/12/2001 07/13/2001 08/02/2001 09/04/2001 10/01/2001

361 APPENDIX by Publix Super Market to [359−1] report. (filed separately) (eec) (Entered: 06/14/2001)
362 APPENDIX E (Volume I) by Publix Super Market to [359−1] report. (filed separately) (eec) (Entered: 06/14/2001)
363 APPENDIX E (Volume II) by Publix Super Market to [359−1] report. (filed separately) (eec) (Entered: 06/14/2001)
364 APPENDIX E (Volume III) by Publix Super Market to [359−1] report. (filed separately) (eec) (Entered: 06/14/2001)
365 ORDER granting [357−1] unopposed motion for leave to bring laptop computer into the courtroom for the fairness hearing. ( Signed by Judge James D. Whittemore ) (eec) (Entered: 06/18/2001)
366 NOTICE of filing demonstrative exhibit by Publix Super Market in support of final approval of consent decree. (eec) Modified on 06/22/2001 (Entered: 06/19/2001)
367 JOINT MOTION by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Publix Super Market (joint) requesting approval of Kenneth R. Hart as awards arbitrator (eec) (Entered: 06/19/2001)
368 ORDER granting [367−1] joint motion requesting approval of Kenneth R. Hart as awards arbitrator. ( Signed by Judge James D. Whittemore ) ctc (eec) (Entered: 06/21/2001)
369 REPORT AND RECOMMENDATION of Magistrate Judge Thomas B. McCoun III recommending that the District Judge: 1. approve the opt−out of each individual, except for Christopher T. Lee; 2. approve Kenneth R. Hart as the awards arbitrator contemplated by the consent decree; 3. approve the consent decree in its entirety. Objections due by 7/9/01. ctc (eec) (Entered: 06/22/2001)
370 STATUS REPORT on settlement proceedings as of 6/29/01 by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton. (eec) Modified on 09/06/2002 (Entered: 07/03/2001)
371 OBJECTION by Publix Super Market to [369−1] report and recommendations. (eec) (Entered: 07/10/2001)
372 ORDER the court approves the proposed consent decree in its entirety subject to the additional findings; court approves Kenneth R. Hart as the awards arbitrator; all pending motions are denied as moot; the clerk is to close this case; see order for details. ( Signed by Judge James D. Whittemore ) ctc (eec) (Entered: 07/12/2001)
373 CONSENT DECREE by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Publix Super Market; see decree for details. (Signed by James D. Whittemore) (eec) Modified on 07/12/2001 (Entered: 07/12/2001)
CASE CLOSED. (eec) (Entered: 07/13/2001)
374 RESPONSE by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton to objections to [369−1] report and recommendations. (eec) (Entered: 07/13/2001)
375 STATUS REPORT on settlement proceedings as of 7/31/01 by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton (jlh) (Entered: 08/03/2001)
376 STATUS REPORT on settlement proceedings as of 8/31/01 by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton (jlh) (Entered: 09/05/2001)
377 STATUS REPORT on settlement proceedings as of 9/28/01 by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton. (eec) Modified on 09/06/2002 (Entered: 10/02/2001)

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10/26/2001 11/01/2001 11/02/2001
12/03/2001
01/02/2002 02/08/2002 03/04/2002 04/03/2002 05/03/2002 06/03/2002 07/08/2002 08/05/2002 09/05/2002 10/03/2002 11/06/2002 12/02/2002
01/06/2003

378 MOTION by Publix Super Market with memorandum in support to substitute attorney Dinita L. James in place of Stanley H. Eleff (eec) (Entered: 10/29/2001)
379 STATUS REPORT on settlement proceedings as of 10/30/01 by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton. (eec) (Entered: 11/01/2001)
380 ORDER granting [378−1] motion to substitute attorney Dinita L. James in place of Stanley H. Eleff; terminated attorney Kevin M. Smith and Marvin E. Barkin for Publix Super Market. ( Signed Judge James D. Whittemore ) ctc (eec) (Entered: 11/05/2001)
381 STATUS REPORT on settlement proceedings as of 11/30/01 by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton. (eec) Modified on 09/06/2002 (Entered: 12/04/2001)
382 STATUS REPORT on settlement proceedings as of 12/31/01 by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton. (eec) (Entered: 01/03/2002)
383 STATUS REPORT on settlement proceedings as of February 6, 2002 by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton (mss) (Entered: 02/11/2002)
384 STATUS REPORT on settlement proceedings as of 2/28/02 by Lemuel Middleton, Reginald Lewis. (cbh) Modified on 09/06/2002 (Entered: 03/05/2002)
385 STATUS REPORT on settlement proceedings of 4/1/02 by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton (jnb) (Entered: 04/04/2002)
386 STATUS REPORT on settlement proceedings as of 5/1/02 by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton. (eec) Modified on 09/06/2002 (Entered: 05/06/2002)
387 STATUS REPORT on settlement proceedings as of 5/31/02 by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton. (eec) Modified on 09/06/2002 (Entered: 06/04/2002)
388 STATUS REPORT on settlement proceedings as of 7/1/02 by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton. (eec) Modified on 09/06/2002 (Entered: 07/09/2002)
389 STATUS REPORT on settlement proceedings as of 8/1/02 by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton. (eec) Modified on 09/06/2002 (Entered: 08/05/2002)
390 STATUS REPORT as of 9/3/02 by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton. (eec) (Entered: 09/06/2002)
391 STATUS REPORT as of 9/30/02 by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton. (eec) Modified on 10/04/2002 (Entered: 10/04/2002)
392 STATUS REPORT on settlement proceedings as of 10/31/02 by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton. (eec) (Entered: 11/07/2002)
393 JOINT STATUS REPORT on settlement proceedings as of 11/27/02 by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton, Publix Super Market. (eec) (Entered: 12/03/2002)
394 STATUS REPORT on settlement proceedings as of 1/2/03 by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton (jlh) (Entered: 01/07/2003)

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02/05/2003 03/05/2003 04/02/2003 05/05/2003 06/02/2003 07/02/2003 08/04/2003 09/04/2003 10/03/2003
10/06/2003 10/09/2003 06/09/2004 08/17/2004 08/25/2004

395 STATUS REPORT on settlement proceedings as of 2/3/03 by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton. (eec) (Entered: 02/06/2003)
396 STATUS REPORT on settlement proceedings as of 2/28/03 by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton. (eec) (Entered: 03/06/2003)
397 STATUS REPORT on settlement proceedings as of 3/31/03 by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton. (eec) (Entered: 04/03/2003)
398 STATUS REPORT on settlement proceedings as of 5/1/03 by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton. (eec) (Entered: 05/06/2003)
399 STATUS REPORT on settlement proceedings as of 5/30/03 by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton. (eec) (Entered: 06/02/2003)
400 STATUS REPORT on settlement proceedings as of 6/30/03 by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton. (eec) (Entered: 07/02/2003)
401 STATUS REPORT on settlement proceedings as of 7/31/03 by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton. (eec) (Entered: 08/05/2003)
402 STATUS REPORT on settlement proceedings as of 9/2/03 by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton. (eec) (Entered: 09/05/2003)
403 UNOPPOSED MOTION by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton (unopposed) to relieve from obligation to file monthly status report on settlement proceedings (eec) (Entered: 10/03/2003)
404 STATUS REPORT on settlement proceedings as of 9/30/03 by Lemuel Middleton, Reginald Lewis, Sharon Flowers, Gaston Hazelwood, Cynthia Jones−McCall, Willie Jones, Joya Fulton. (eec) (Entered: 10/06/2003)
405 ORDER granting [403−1] unopposed motion to relieve from obligation to file monthly status report on settlement proceedings. ( Signed by Judge James D. Whittemore ) ctc (eec) (Entered: 10/09/2003)
406 LETTER ORDER advising of improper filing in chambers; see order for details. ( Signed by Judge James D. Whittemore ) ctc (eec) (Entered: 06/10/2004)
407 Joint MOTION approval of out−of−time monetary awards by Publix Super Markets, Inc.. (James, Dinita) (Entered: 08/17/2004)
408 ORDER granting 407 Joint Motion for Approval of Out−of−Time Monetary Awards for Three Settlement Class Members. [See order for details.] Signed by Judge James D. Whittemore on 8/24/2004. (kle) (Entered: 08/25/2004)


[CONTENT] April 4, 1997 | Plaintiffs | African American | Publix Super Markets | Publix Super Markets | the U.S. District Court | the Middle District | Florida | Title VII of the Civil Rights Act | 1964 | 42 | U.S.C. | 2000(e | Section 1981 | the Civil Rights Act | 1866 | 42 | 1981 | the Florida Human Rights Act | 1977 | Florida HRA | the Florida Civil Rights Act | 1992 ||| Publix ||| Specifically, Plaintiffs | Publix ||| April 17, 2000 ||| the following month |||  ||| July 12, 2001 | Court | James D. Whittemore | Class Representatives | Representatives ||| Publix's Human Resources Department ||| July 2001 | monthly | Court | October 2003 | Whittemore [SUMMARY] On April 4, 1997, Plaintiffs, African American employees and applicants for employment with Publix Super Markets, Inc. filed a class action complaint Publix Super Markets in the U.S. District Court for the Middle District of Florida pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000(e), et seq.; Section 1981 of the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Florida Human Rights Act of 1977, ("Florida HRA"); and the Florida Civil Rights Act of 1992.  The Plaintiffs, represented by private counsel, asked the court for monetary, injunctive, and declaratory relief, claiming that Publix had maintained a pattern and practice of racial discrimination against black applicants and employees in both its retail outlets and its non-retail operations. 

Specifically, Plaintiffs alleged that Publix had engaged in a policy or pattern of unlawful discrimination on the basis of race in all of its operations with respect to hiring, assignment, demotion, transfer, compensation, promotion from part-time to full-time, promotion from full-time to management, promotion within management, harassment, retaliation and discharge.  

On April 17, 2000, a new class representative who had been denied promotion due to the implementation and evaluation of certain testing.   During the following month, the parties began settlement negotiations.  These efforts ultimately resulted in a voluntary agreement to settle this action.

On July 12, 2001, the Court  (Judge James D. Whittemore) approved a Consent Decree which provided  monetary relief for certain eligible Class Representatives and equitable and declaratory relief for other eligible Representatives.  A particularly notable aspect of the settlement involved the establishment of a discharge review system to ensure that black associates have an opportunity to have discharges reviewed by Publix's Human Resources Department, and the option to submit claims of alleged race discrimination arising from such decisions to mediation.  Beginning in July 2001, there were obligatory monthly status reports filed with the Court detailing the settlement proceedings; these status reports were issued until October 2003, when Judge Whittemore signed an order granting an unopposed motion to relieve this obligation.

