University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Ewing v. Coca Cola Bottling Co. of New York, Inc. EE-NY-0218
Docket / Court 00 CIV. 7020(CM) ( S.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
On September 19, 2000, several African-American and Hispanic production employees at the defendant's facility in New York filed a class action lawsuit under Title VII, 42 U.S.C. § 1981, and Section 296 of the New York Executive Law against defendants Coca Cola Bottling Company of New York ("Coke ... read more >
On September 19, 2000, several African-American and Hispanic production employees at the defendant's facility in New York filed a class action lawsuit under Title VII, 42 U.S.C. § 1981, and Section 296 of the New York Executive Law against defendants Coca Cola Bottling Company of New York ("Coke New York") and Coca Cola Enterprises, Inc. ("CCE") in the U.S. District Court for the Southern District of New York, White Plains Division. The plaintiffs, represented by private counsel, asked the court for compensatory and punitive damages as well as injunctive relief, claiming that Coke New York and CCE had engaged in a practice of discriminating against African-American and Hispanic production workers in terms of their work assignments, training and discipline. They further alleged that supervisors employed by defendants had subjected African-American and Hispanic employees to a hostile work environment on the basis of their race and/or national origin.

On January 16, 2001, the defendants moved to dismiss the case pursuant to Rule 12(B)(6) of Federal Rules of Civil Procedure. On June 25, 2001, the district court (Judge Colleen McMahon) denied the motion to dismiss, but declined to grant defendant's motion in opposition to class certification. On September 6, 2001, the district court dismissed the case because of a private settlement, finding that because the case was at a nascent and preliminary stage with no class having been certified, and that no notice had been previously been given to the members of the putative class no fairness hearing was required.

Kunyi Zhang - 08/28/2010


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Discrimination-area
Discipline
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Training
Discrimination-basis
National origin discrimination
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Pattern or Practice
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
State law
42 U.S.C. § 1981
Defendant(s) COCA COLA BOTTLING COMPANY OF NEW YORK, INC.
COCA COLA ENTERPRISES, INC.
Plaintiff Description Plaintiffs were African-American and Hispanic production employees who had worked at the defendants facility in Elmsford, New York.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration not on record
Case Closing Year 2001
Case Ongoing No
Additional Resources
click to show/hide detail
Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
7:00CV07020 (S.D.N.Y.) 09/06/2001
EE-NY-0218-9000.pdf | Detail
Westlaw
General Documents
District Court Opinion 06/25/2001 (2001 WL 767070 / 2001 U.S.Dist.LEXIS 8849) (S.D.N.Y.)
EE-NY-0218-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Judges McMahon, Colleen (S.D.N.Y.)
EE-NY-0218-0001 | EE-NY-0218-9000
Monitors/Masters None on record
Plaintiff's Lawyers Cuti, John R. (New York)
EE-NY-0218-9000
Defendant's Lawyers Grubbs, Shelby R. (Tennessee)
EE-NY-0218-9000
Halpern, Philip M. (New York)
EE-NY-0218-9000
Harvey, Bradford G. (Tennessee)
EE-NY-0218-9000
Lee, Charles C. (Tennessee)
EE-NY-0218-9000
Smith, Karen M. (Tennessee)
EE-NY-0218-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -