Case: Ketchum v. Sunoco Inc.

2:01-cv-01042 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: March 2, 2001

Closed Date: Dec. 13, 2004

Clearinghouse coding complete

Case Summary

On March 2, 2001, African-American Sunoco employees in the Philadelphia area filed a complaint against Sunoco Inc. in the United States District Court for the Eastern District of Pennsylvania alleging racial discrimination under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e) and the Civil Rights Act of 1866 (42 U.S.C. § 1981). The plaintiffs, represented by private counsel, sought damages for opportunities and pay lost due to racial discrimination. Specifically, the plaintiffs c…

On March 2, 2001, African-American Sunoco employees in the Philadelphia area filed a complaint against Sunoco Inc. in the United States District Court for the Eastern District of Pennsylvania alleging racial discrimination under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e) and the Civil Rights Act of 1866 (42 U.S.C. § 1981). The plaintiffs, represented by private counsel, sought damages for opportunities and pay lost due to racial discrimination. Specifically, the plaintiffs contended that Sunoco had consistently discriminated against African-American employees in hiring and promotions.

On July 11, 2003, the court (Judge Clifford Scott Green) approved certification of a class consisting of all African-American Sunoco employees employed in the Philadelphia area from January 1, 1996 through the present.

On December 3, 2004, Judge Green granted final approval to a class-wide settlement on behalf of approximately 200 current and former Sunoco employees. Sunoco agreed to pay $3.59 million to the class members along with an additional payment of $260,000 to the named representatives of the class. Individual awards ranged from $2,500 to $75,000. Sunoco further agreed to pay $1.5 million in attorneys' fees and $150,000 in costs. The case is now closed.

Summary Authors

David Miller (4/1/2010)

People


Judge(s)

Green, Clifford Scott (Pennsylvania)

Attorney for Plaintiff

D'Urso, Martin J. (Pennsylvania)

Attorney for Defendant

Becker, Susan R. (Pennsylvania)

Connolly, Christin E (Pennsylvania)

Kennedy, William K. (Pennsylvania)

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Documents in the Clearinghouse

Document

2:01-cv-01042

Docket [PACER]

Jan. 17, 2006

Jan. 17, 2006

Docket

2:01-cv-01042

MEMORANDUM AND ORDER THAT PLAINTIFFS' MOTION FOR PARTIAL CLASS CERTIFICATION IS GRANTED

July 11, 2003

July 11, 2003

Order/Opinion

217 F.R.D. 217

51

2:01-cv-01042

Plaintiffs' Memorandum in Support of their Unopposed Motion for Preliminary Approval of Proposed Settlement and for Authorization to Disseminate Notice

Ketchum v. Sunoco, Inc.

Oct. 12, 2004

Oct. 12, 2004

Pleading / Motion / Brief
54

2:01-cv-01042

MEMORANDUM IN SUPPORT OF THE PARTIES’ JOINT MOTION FOR: (1) FINAL APPROVAL OF A CLASSWIDE SETTLEMENT; AND (2) ATTORNEYS’ FEES AND EXPENSE REIMBURSEMENTS

Ketchum v. Sunoco

Nov. 24, 2004

Nov. 24, 2004

Pleading / Motion / Brief
60

2:01-cv-01042

ORDER GRANTING FINAL APPROVAL TO CLASSWIDE SETTLEMENT

Ketchum v. Sunoco

Dec. 3, 2004

Dec. 3, 2004

Order/Opinion

Docket

Last updated March 27, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

Complaint. filing fee $ 150 receipt # 755333 (fe) (Entered: 03/05/2001)

March 2, 2001

March 2, 2001

Demand for jury trial by PLAINTIFF DEWAYNE KETCHUM, PLAINTIFF EVERETT L. RICHARDSON JR., PLAINTIFF ROBERT J. HARRIS, PLAINTIFF THOMAS LONG, PLAINTIFF BARBARA A. NEARON, PLAINTIFF LEVETTE PARISH, PLAINTIFF THEODORE I. BUSCH JR.. (fe) (Entered: 03/05/2001)

March 2, 2001

March 2, 2001

Summons(es) issued, 1 original Forwarded to: Counsel 03/05/01 (fe) (Entered: 03/05/2001)

March 2, 2001

March 2, 2001

Special Case Management Track. (fe) (Entered: 03/05/2001)

March 2, 2001

March 2, 2001

2

Affidavit of: Dudley G. Brown re: served summons and complaint upon Brian Matthew Rhodes, Esq. on behalf of DEFENDANT SUNOCO, INC. . Served by: Personal Service on 3/19/01 . (mbh) (Entered: 03/29/2001)

March 28, 2001

March 28, 2001

3

Appearance of CHARISSE R. LILLIE, MAUREEN M. RAYBORN, SUSAN R. BECKER for DEFENDANT SUNOCO, INC., Certificate of Service. (mbh) (Entered: 04/10/2001)

April 10, 2001

April 10, 2001

4

ORDER THAT THE PARTIES AGREED TO SUBMIT A STIPULATION TO THE COURT MEMORIALIZING AN AGREEMENT THAT THE DEFT SHALL HAVE AN ADDITIONAL 60 DAYS TO ANSWER PLFFS' COMPLAINT. THIS STIPULATION WILL ALSO REFLECT AN AGREEMENT THAT THE TIME IN WHICH TO CONDUCT CLASS DISCOVERY SHALL BE EXTENDED UNTIL 10/1/01. ( SIGNED BY JUDGE CLIFFORD S. GREEN ) 4/13/01 ENTERED AND COPIES MAILED AND FAXED. (gn) (Entered: 04/13/2001)

April 12, 2001

April 12, 2001

6

Answer to Complaint by DEFENDANT SUNOCO, INC. with Affirmative Defenses, Certificate of Service. (mbh) (Entered: 05/29/2001)

May 25, 2001

May 25, 2001

ISSUE JOINED. (mbh) (Entered: 05/30/2001)

May 25, 2001

May 25, 2001

7

CONFIDENTIALITY AGREEMENT AND ORDER RE: DISCOVERY ( SIGNED BY JUDGE CLIFFORD S. GREEN ) 8/29/01 ENTERED AND COPIES MAILED AND FAXED. (mbh) (Entered: 08/29/2001)

Aug. 28, 2001

Aug. 28, 2001

Certain documents governed by Protective Order. (mbh) (Entered: 08/29/2001)

Aug. 28, 2001

Aug. 28, 2001

8

AMENDED STIPULATION AND ORDER THAT CLASS RELATED DISCOVERY SHALL BE COMPLETED BY 12/10/01; PLAINTIFFS SHALL FILE THEIR MOTION FOR CLASS CERTIFICATION ON OR BEFORE 1/10/02 DEFENDANT SHALL FILE A RESPONSE TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION ON OR BEFORE 1/31/02; PLAINTIFFS SHALL FILE A REPLY ON OR BEFORE 2/15/02; DEFENDANT SHALL FILE A ON OR BEFORE 3/1/02 ( SIGNED BY JUDGE CLIFFORD S. GREEN ) 10/2/01 ENTERED AND COPIES MAILED AND FAXED. (mbh) Modified on 10/02/2001 (Entered: 10/02/2001)

Oct. 1, 2001

Oct. 1, 2001

9

STIPULATION AND ORDER THAT PLAINTIFFS SHALL FILE THEIR MOTION FOR CLASS CERTIFICATION ON OR BEFORE 4/10/02. DEFENDANT SHALL FILE A RESPONSE TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION ON OR BEFORE 5/1/02. PLAINTIFFS SHALL FILE A REPLY, IF ANY, ON OR BEFORE 5/15/02. DEFENDANT SHALL FILE A SUR−REPLY, IF ANY, ON OR BEFORE 5/29/02 ( SIGNED BY JUDGE CLIFFORD S. GREEN ) 1/18/02 ENTERED AND COPIES MAILED AND FAXED. (mbh) Modified on 01/18/2002 (Entered: 01/18/2002)

Jan. 18, 2002

Jan. 18, 2002

10

Report of Pretrial Conference held on 3/15/02. (mbh) (Entered: 03/18/2002)

March 18, 2002

March 18, 2002

11

STIPULATION AND ORDER THAT PLAINTIFFS SHALL FILE THEIR MOTION FOR CLASS CERTIFICATION ON OR BEFORE 6/7/02; ETC. ( SIGNED BY JUDGE CLIFFORD S. GREEN ) 4/8/02 ENTERED AND COPIES MAILED AND FAXED. (jl) (Entered: 04/08/2002)

April 8, 2002

April 8, 2002

12

STIPULATION AND ORDER THAT PLAINTIFFS SHALL FILE THEIR MOTION FOR CLASS CERTIFICATION ON OR BEFORE 9/10/02 ; DEFENDANT SHALL FILE A RESPONSE TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION ON OR BEFORE 10/10/02; PLAINTIFFS SHALL FILE A REPLY, IF ANY, ON OR BEFORE 10/24/02, AND DEFENDANT SHALL FILE A SUR−REPLY, IF ANY, ON OR BEFORE 11/7/02. (SIGNED BY JUDGE CLIFFORD S. GREEN) 6/11/02 ENTERED AND COPIES MAILED AND FAXED. (cdd) (Entered: 06/11/2002)

June 11, 2002

June 11, 2002

13

STIPULATION AND ORDER THAT PLAINTIFFS SHALL FILE THEIR MOTION FOR CLASS CERTIFICATION ON OR BEFORE 11/15/02 , DEFENDANT SHALL FILE A RESPONSE TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION ON OR BEFORE 12/16/02 , AND PLAINTIFFS SHALL FILE A REPLY, IF ANY, ON OR BEFORE 12/31/02, AND DEFENDANT SHALL FILE A SUR−REPLY, IF ANY, ON OR BEFORE 1/14/03. (SIGNED BY JUDGE CLIFFORD S. GREEN) 9/12/02 ENTERED AND COPIES MAILED AND FAXED. (cdd) (Entered: 09/12/2002)

Sept. 12, 2002

Sept. 12, 2002

14

ORDER THAT THIS MATTER IS REFERRED TO U.S. MAGISTRATE JUDGE DIANE M. WELSH FOR A SETTLEMENT CONFERENCE TO BE SCHEDULED BY THE MAGISTRATE JUDGE ( SIGNED BY JUDGE CLIFFORD S. GREEN ) 10/16/02 ENTERED AND COPIES MAILED AND FAXED. (cdd) (Entered: 10/16/2002)

Oct. 16, 2002

Oct. 16, 2002

16

MOTION by PLAINTIFF DEWAYNE KETCHUM, PLAINTIFF EVERETT L. RICHARDSON JR., PLAINTIFF ROBERT J. HARRIS, PLAINTIFF THOMAS LONG, PLAINTIFF BARBARA A. NEARON, PLAINTIFF LEVETTE PARISH, PLAINTIFF THEODORE I. BUSCH JR. FOR PARTIAL CLASS CERTIFICATION , MEMORANDUM, APPENDIX IN SUPPORT VOLUME I, APPENDIX IN SUPPORT VOLUME II, APPENDIX IN SUPPORT VOLUME III, CERTIFICATE OF SERVICE. (cdd) (Entered: 02/04/2003)

Feb. 3, 2003

Feb. 3, 2003

17

Memorandum of Law by DEFENDANT SUNOCO, INC. in Response to PLAINTIFFS' MOTION FOR PARTIAL CLASS CERTIFICATION, Exhibits in Support 1−10, Exhibits in Support 11−16, Exhibits in Support 17−41, Certificate of Service. (cdd) Modified on 02/25/2003 (Entered: 02/25/2003)

Feb. 24, 2003

Feb. 24, 2003

18

Reply Memorandum by PLAINTIFF DEWAYNE KETCHUM, PLAINTIFF EVERETT L. RICHARDSON JR., PLAINTIFF ROBERT J. HARRIS, PLAINTIFF THOMAS LONG, PLAINTIFF BARBARA A. NEARON, PLAINTIFF LEVETTE PARISH, PLAINTIFF THEODORE I. BUSCH JR. in Support of Plaintiffs' MOTION FOR PARTIAL CLASS CERTIFICATION, Certificate of Service. (cdd) (Entered: 03/11/2003)

March 10, 2003

March 10, 2003

19

Supplemental Appendix by PLAINTIFF DEWAYNE KETCHUM, PLAINTIFF EVERETT L. RICHARDSON JR., PLAINTIFF ROBERT J. HARRIS, PLAINTIFF LONG, PLAINTIFF BARBARA A. NEARON, PLAINTIFF LEVETTE PLAINTIFF THEODORE I. BUSCH JR., DEFENDANT SUNOCO, INC. in Support of PLAINTIFFS' MOTION FOR PARTIAL CLASS CERTIFICATION, Certificate of Service. (cdd) (Entered: 03/11/2003)

March 10, 2003

March 10, 2003

20

Sur−Reply Memorandum by DEFENDANT SUNOCO, INC. in support of Its Response to PLAINTIFFS' MOTION FOR PARTIAL CLASS CERTIFICATION, Certificate of Service. (cdd) (Entered: 03/25/2003)

March 24, 2003

March 24, 2003

21

ORDER THAT A HEARING CONCERNING PLAINTIFF'S MOTION FOR PARTIAL CLASS CERTIFICATION WILL BE HELD ON 4/10/03 AT 10:00 A.M. IN COURTROOM 15−B. ( SIGNED BY JUDGE CLIFFORD S. GREEN ) 3/25/03 ENTERED AND COPIES MAILED AND FAXED. (cdd) (Entered: 03/25/2003)

March 25, 2003

March 25, 2003

22

Minute entry: N. O'Neill, Court Reporter. Hearing held 4/10/03 Re: Motion for partial class certification. Plff's witness, Dr. Janice F. Madden called and sworn. Deft's witness, Dr. Bernard siskin called and sworn. Plff's and Deft's closing statements to the Court. Plff's rebuttal. CAV (cdd) (Entered: 04/11/2003)

April 10, 2003

April 10, 2003

23

MOTION by DEFENDANT SUNOCO, INC. FOR LEAVE TO FILE SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S MEMORANDUM IN RESPONSE TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION , CERTIFICATE OF SERVICE. (signed Supplemental Memorandum attached) (cdd) Modified on 04/24/2003 (Entered: 04/24/2003)

April 23, 2003

April 23, 2003

24

ORDER THAT DEFENDANT'S MOTION FOR LEAVE TO FILE SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S MEMORANDUM IN RESPONSE TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION IS GRANTED, AND THE BRIEF ATTACHED TO THIS APPLICATION IS DEEMED FILED AS OF THE DATE OF THIS ORDER. (SIGNED BY JUDGE CLIFFORD S. GREEN) 4/28/03 ENTERED AND COPIES MAILED AND FAXED. (cdd) (Entered: 04/28/2003)

April 25, 2003

April 25, 2003

25

Supplemental Memorandum by DEFENDANT SUNOCO, INC. in support of Defendant's Memorandum in Response to Plaintiff's Motion for Class Certification. (cdd) (Entered: 04/28/2003)

April 25, 2003

April 25, 2003

26

APPLICATION by PLAINTIFF DEWAYNE KETCHUM, PLAINTIFF EVERETT L. RICHARDSON JR., PLAINTIFF ROBERT J. HARRIS, PLAINTIFF LONG, PLAINTIFF BARBARA A. NEARON, PLAINTIFF LEVETTE PARISH, PLAINTIFF THEODORE I. BUSCH JR. FOR LEAVE TO FILE A RESPONSE TO DEFENDANT'S SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S MEMORANDUM IN RESPONSE TO PLAINTIFFS' MOTION FOR PARTIAL CLASS CERTIFICATION , CERTIFICATE OF SERVICE. (signed Response attached) (cdd) (Entered: 04/30/2003)

April 30, 2003

April 30, 2003

27

ORDER THAT PLAINTIFF'S MOTION FOR LEAVE TO FILE A RESPONSE TO DEFENDANT'S SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S MEMORANDUM IN RESPONSE TO PLAINTIFFS' MOTION FOR PARTIAL CLASS CERTIFICATION IS GRANTED AND THE BRIEF ATTACHED TO THE APPLICATION IS DEEMED FILED AS OF THE DATE OF THIS ORDER. ( SIGNED BY JUDGE CLIFFORD S. GREEN ) 5/2/03 ENTERED AND COPIES MAILED AND FAXED. (cdd) (Entered: 05/02/2003)

May 2, 2003

May 2, 2003

28

Supplemental Memorandum of Law by PLAINTIFF DEWAYNE KETCHUM, PLAINTIFF EVERETT L. RICHARDSON JR., PLAINTIFF ROBERT J. HARRIS, PLAINTIFF LONG, PLAINTIFF BARBARA A. NEARON, PLAINTIFF LEVETTE PLAINTIFF THEODORE I. BUSCH JR. in Response to Defendant's Supplemental Memorandum of Law Regarding Class Certification Expert Issues. (cdd) (Entered: 05/02/2003)

May 2, 2003

May 2, 2003

29

TRANSCRIPT of Oral Argument held on 4/10/03 before Judge Hon. Clifford Scott Green. Court Reporter: Nancy O'Neill, OCR. (cdd, ) (Entered: 06/02/2003)

June 2, 2003

June 2, 2003

30

MEMORANDUM AND ORDER THAT PLAINTIFFS' MOTION FOR PARTIAL CLASS CERTIFICATION IS GRANTED AND THAT A CLASS CONSISTING OF ALL AFRICAN−AMERICAN EXEMPT EMPLOYEES OF SUNOCO, INC. EMPLOYED IN THE PHILADELPHIA AREA (AS PREVIOUSLY DEFINED BY THE PARTIES) AT ANYTIME DURING THE PERIOD OF JANUARY 1, 1996 TO THE PRESENT IS HEREBY CERTIFIED PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 23(b)(2). IT IS FURTHER ORDERED THAT PLAINTIFFS DEWAYNE KETCHUM, EVERETT L. RICHARDSON, THOMAS LONG, ROBERT J. HARRIS, BARBARA A. NEARON AND THEODORE I. BUSCH ARE HEREBY DESIGNATED AS REPRESENTATIVES OF THE CLASS.SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 7/11/03.7/14/03 ENTERED AND COPIES MAILED AND FAXED. (cdd, ) Modified on 7/14/2003 (cdd, ). Modified on 7/14/2003 (cdd, ). (Entered: 07/14/2003)

July 11, 2003

July 11, 2003

31

MOTION FILED BY SUNOCO, INC. FOR RECONSIDERATION OF THE COURT'S ORDER GRANTING PLAINTIFF'S MOTION FOR PARTIAL CLASS CERTIFICATION, MEMORANDUM, CERTIFICATE OF SERVICE.(cdd, ) (Entered: 07/29/2003)

July 28, 2003

July 28, 2003

32

NOTICE of Appearance by CHRISTIN E. CONNOLLY on behalf of SUNOCO, INC. and Withdraw of Appearance of Susan R. Becker on behalf of Defendant Sunoco, Certificate of Service. (cdd, ) (Entered: 08/05/2003)

Aug. 5, 2003

Aug. 5, 2003

33

Plainitffs' Memorandum of Law in Opposition to Motion for Reconsideration of the Court's Order Granting Partial Class Certification filed by THEODORE I. BUSCH JR., ROBERT J. HARRIS, DEWAYNE KETCHUM, THOMAS LONG, BARBARA A. NEARON, LEVETTE PARISH, EVERETT L. RICHARDSON JR., Certificate of Service. (ar, ) (Entered: 08/12/2003)

Aug. 11, 2003

Aug. 11, 2003

35

ORDER THAT A CONFERENCE WILL BE HELD IN THE ABOVE CAPTIONED CASE ON 10/8/03 AT 3:00 P.M. IN CHAMBERS.SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 9/17/03. 9/18/03 ENTERED AND COPIES MAILED AND FAXED.(cdd, ) (Entered: 09/18/2003)

Sept. 17, 2003

Sept. 17, 2003

36

Certified Copy of Order from U.S. Court of Appeals for the Third Circuit dated 9/26/03 that the Motions for Leave to File Exhibits Attached to Sunoco's First and Second Petitions for Permission to Appeal Order Granting Class Certification are Granted. The First and Second Petitions for Permission to Appeal Order Granting Class Certification Under Rule 23(B)(2) are Denied. (cdd, ) (Entered: 09/29/2003)

Sept. 29, 2003

Sept. 29, 2003

37

ORDER THAT A SETTLEMENT CONFERENCE WILL BE HELD IN THE ABOVE−CAPTIONED CASE ON 12/9/03 AT 9:00 A.M. IN CHAMBERS.SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 11/20/03. 11/21/03 ENTERED AND COPIES MAILED AND FAXED.(cdd, ) (Entered: 11/21/2003)

Nov. 21, 2003

Nov. 21, 2003

38

ORDER THAT DISCOVERY DUE BY 2/6/2004. DISPOSITIVE MOTIONS DUE BY 4/16/2004. PRETRIAL MEMORANDA DUE BY 4/30/2004. TRIAL DATE SET FOR 5/3/2004. ( SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 12/18/03. ) 12/19/03 ENTERED AND COPIES MAILED AND FAXED.(gn, ) (Entered: 12/19/2003)

Dec. 19, 2003

Dec. 19, 2003

39

FURTHER STIPULATION AND ORDER REGARDING DISCOVERY: DISCOVERY SHALL BE COMPLETED BY 4/16/2004; ANY DISPOSITIVE MOTIONS OR MOTIONS IN LIMINE SHALL BE FILED BY 7/2/2004; FINAL PRETRIAL MEMORANDA SHALL BE FILED BY 7/9/2004; TRIAL SHALL COMMENCE BY 7/19/2004. SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 1/26/2004. 1/27/2004 ENTERED AND COPIES MAILED AND FAXED.(mbh, ) (Entered: 01/27/2004)

Jan. 26, 2004

Jan. 26, 2004

40

ORDER THAT THE SETTLEMENT CONFERENCE SCHEDULED FOR 3/11/04 IS HEREBY RESCHEDULED TO 3/15/04 AT 10:00 A.M. IN CHAMBERS.SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 3/1/04. 3/2/04 ENTERED AND COPIES MAILED AND FAXED.(cdd, ) (Entered: 03/02/2004)

March 2, 2004

March 2, 2004

41

STIPULATION AND ORDER THAT THE PARTIES WILL HAVE UNTIL 4/23/04 TO REACH A SETTLEMENT. IF THEY ARE UNABLE TO DO SO, THE PARTIES SHALL COMPLETE DISCOVERY BY THE END OF MAY 2004. ANY MOTIONS IN LIMINE OR POTENTIALLY DISPOSITIVE MOTIONS SHALL BE FILED ON OR BEFORE 6/28/04. SUBJECT TO THE COURT'S AVAILABILITY, TRIAL SHALL COMMENCE ON OR ABOUT 7/19/04. SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 3/15/04. 3/15/04 ENTERED AND COPIES MAILED AND FAXED.(cdd, ) Modified on 3/15/2004 (cdd, ). Modified on 3/15/2004 (cdd, ). (Entered: 03/15/2004)

March 15, 2004

March 15, 2004

42

MOTION for Protective Order filed by SUNOCO, INC..Brief and Certificate of Service. (Attachments: # 1 Exhibit A through J)(KENNEDY, WILLIAM) (Entered: 05/07/2004)

May 7, 2004

May 7, 2004

43

Answer filed by THEODORE I. BUSCH JR., ROBERT J. HARRIS, DEWAYNE KETCHUM, THOMAS LONG, BARBARA A. NEARON, LEVETTE PARISH, EVERETT L. RICHARDSON JR. to the Motion of Defendant Sunoco, Inc. for Protective Order, Memorandum, Certificate of Service. (cdd, ) (Entered: 05/24/2004)

May 21, 2004

May 21, 2004

44

MOTION to Compel Answers to Interrogatories and Requests for Production of Documents filed by SUNOCO, INC., CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (CONNOLLY, CHRISTIN) Modified on 6/1/2004 (np). (Entered: 05/28/2004)

May 28, 2004

May 28, 2004

46

ORDER THAT A SETTLEMENT CONFERENCE WILL BE HELD IN THE ABOVE−CAPTIONED CASE ON 6/24/04 AT 3:30 P.M. IN CHAMBERS.SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 6/14/04. 6/14/04 ENTERED AND COPIES MAILED AND FAXED.(cdd, ) (Entered: 06/14/2004)

June 14, 2004

June 14, 2004

47

MOTION TO COMPEL DEFENDANT TO PRODUCE ROLF NAKU, JOEL MANESS, AND MARGARET SOFIO FOR DEPOSITION AS CORPORATE DESIGNEES UNDER RULE 30(b)(6) AND TO DESIGNATE A WITNESS TO TESTIFY CONCERNING CERTAIN SUBJECT MATTER AREAS FILED BY THEODORE I. BUSCH JR., ROBERT J. HARRIS, DEWAYNE KETCHUM, THOMAS LONG, BARBARA A. NEARON, LEVETTE PARISH, EVERETT L. RICHARDSON JR., MEMORANDUM, CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE.(mar, ) (Entered: 06/16/2004)

June 16, 2004

June 16, 2004

48

PLFFS' MOTION TO COMPEL PRODUCITONOF DOCUMENTS, CERTIFICATION, MEMO, CERTIFICATE OF SERVICE.(sc, ) (Entered: 06/23/2004)

June 23, 2004

June 23, 2004

49

ORDER THAT THE DEFENDANT'S MOTION FOR PROTECTIVE ORDER, DEFENDANT'S MOTION TO COMPEL, AND PLAINTIFF'S MOTION TO COMPEL ARE DISMISSED WITHOUT PREJUDICE, ETC.SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 6/29/04.7/12/04 ENTERED AND COPIES MAILED AND FAXED. (cdd, ) (Entered: 07/12/2004)

July 12, 2004

July 12, 2004

50

Report Of Conference held 8/12/04 RE: settlement was discussed. (cdd, ) (Entered: 08/16/2004)

Aug. 13, 2004

Aug. 13, 2004

51

UNOPPOSED MOTION FOR: (1) PRELIMINARY APPROVAL OF A PROPOSED SETTLEMENT, AND (2) AUTHORIZATION TO DISSEMINATE NOTICE BY THEODORE I. BUSCH JR., ROBERT J. HARRIS, DEWAYNE KETCHUM, THOMAS LONG, BARBARA A. NEARON, LEVETTE PARISH, EVERETT L. RICHARDSON JR.MEMORANDUM, CERTIFICATE OF SERVICE.(stb, ) Additional attachment(s) added on 11/9/2004 (cdd, ). (Entered: 10/13/2004)

Oct. 12, 2004

Oct. 12, 2004

52

ORDER THAT THE PROPOSED SETTLEMENT OF THIS ACTION SET FORTH IN THE SETTLEMENT AGREEMENT TENDERED BY THE PARTIES APPEARS TO BE REASONABLE AND IS ENTITLED TO THIS COURT'S PRELIMINARY APPROVAL; THE PARTIES MAY DISSEMINATE, BY FIRST CLASS MAIL, THE PROPOSED NOTICE ATTACHED HERETO; AND A FINAL FAIRNESS HEARING IN THIS MATTER IS SET TO TAKE PLACE ON 11/30/04 AT 10:00 A.M. IN COURTROOM 15B.SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 10/20/04. 10/22/04 ENTERED AND COPIES FAXED AND MAILED.(cdd, ) Modified on 10/22/2004 (cdd, ). Modified on 10/22/2004 (cdd, ). (Entered: 10/22/2004)

Oct. 21, 2004

Oct. 21, 2004

53

PLAINTIFF'S MOTION FOR RE−DESIGNATION OF NAMED PLAINTIFF THEODORE I. BUSCH JR. AS ABSENT CLASS MEMBER AND WITHDRAWL OF COUNSEL AS REPRESENTATIVE OF MR. BUSCH IN HIS INDIVIDUAL CAPACITY.MEMORANDUM OF LAW, CERTIFICATE OF SERVICE. (Attachments: # 1 MEMORANDUM# 2 PROPOSED ORDER)(wgc, ) Additional attachment(s) added on 12/1/2004 (wgc, ). (Entered: 11/26/2004)

Nov. 24, 2004

Nov. 24, 2004

54

THE PARTIES' JOINT MOTION FOR: FINAL APPROVAL OF A CLASSWIDE SETTLEMENT; AND ATTORNEYS' FEES AND EXPENSE REIMBURSEMENTSMEMORANDUM OF LAW, CERTIFICATE OF SERVICE. (Attachments: # 1 MEMO# 2 PROPOSED ORDER)(wgc, ) Additional attachment(s) added on 12/1/2004 (wgc, ). (Entered: 11/26/2004)

Nov. 24, 2004

Nov. 24, 2004

56

AFFIDAVIT of Robert T. Vance, Jr., Esquire on behalf of DEWAYNE KETCHUM, EVERETT L. RICHARDSON, JR, ROBERT J. HARRIS, THOMAS LONG, BARBARA A. NEARON, LEVETTE PARISH, THEODORE I. BUSCH, JR. in Support of Fee Petition, Certificate of Service. (cdd, ) (Entered: 11/30/2004)

Nov. 30, 2004

Nov. 30, 2004

57

Minute Entry for Final Fairness hearing held on 11/30/04 before Judge CLIFFORD SCOTT GREEN. Court Reporter: ESR. Counsel for plffs. and deft. address the Court. Mr. Busch's motion to withdraw as class representative − GRANTED. Plff's witness called and sworn. (cdd, ) (Entered: 12/03/2004)

Dec. 2, 2004

Dec. 2, 2004

58

Letter from Martin J. D'Urso, Esquire to Court dated 12/2/04 re: Supplemental Submission of Plaintiff's counsel in further support of their request for $1.5 million in fees and $150,000 in litigation expenses. (cdd, ) (Entered: 12/06/2004)

Dec. 3, 2004

Dec. 3, 2004

59

Supplemental Submission by DEWAYNE KETCHUM, EVERETT L. RICHARDSON, JR, ROBERT J. HARRIS, THOMAS LONG, BARBARA A. NEARON, LEVETTE PARISH, THEODORE I. BUSCH, JR. in Further Support of Class Counsel's Unopposed Petition for Attorneys' Fees ands Expense Reimbursements, Certificate of Service. (cdd, ) (Entered: 12/06/2004)

Dec. 3, 2004

Dec. 3, 2004

60

ORDER THAT THE PROPOSED SETTLEMENT OF THIS ACTION SET FORT IN THE SETTLEMENT AGREEMENT TENDERED BY THE PARTIES IS HEREBY GRANTED THIS COURT'S FINAL APPROVAL, ETC. SETTLEMENT PROCEEDS SHALL BE DISTRIBUTED TO CLASS MEMBERS WITHIN TEN (10) DAYS OF THE DATE OF THIS ORDER USING THE ALLOCATION PROCESS DESCRIBED BY PLAINTIFFS EXPERTS, ETC. THE REQUEST OF THEODORE BUSCH TO WITHDRAW AS NAMED PLAINTIFF IS GRANTED. THE SPECIAL AWARD ($30,000) THAT OTHERWISE WOULD HAVE BEEN PAID TO HIM AS A CLASS REPRESENTATIVE SHALL BE DISTRIBUTED TO CLASS MEMBERS AS A PART OF THE SETTLEMENT PROCESS.SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 12/3/04. 12/6/04 ENTERED AND COPIES MAILED AND FAXED.(cdd, ) (Entered: 12/06/2004)

Dec. 3, 2004

Dec. 3, 2004

61

TRANSCRIPT of Proceedings, Final approval of settlement agreement held on 11/30/04 before Judge Clifford Scott Green. Court Reporter/ESR − Michael Owens. (mac, ) Modified on 1/18/2006 (mac, ). (Entered: 01/18/2006)

Jan. 17, 2006

Jan. 17, 2006

Case Details

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Private Employment Class Actions

Key Dates

Filing Date: March 2, 2001

Closing Date: Dec. 13, 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

African-American Sunoco employees, current and former, from 1997-2004.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Sunoco Inc., Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $5.5 million

Issues

General:

Pattern or Practice

Discrimination-area:

Disparate Impact

Pay / Benefits

Promotion

Discrimination-basis:

Race discrimination

Race:

Black