Case: Demarse v. Cracker Barrel Old County Store

8:07-cv-00981 | U.S. District Court for the Middle District of Florida

Filed Date: June 8, 2007

Closed Date: Jan. 25, 2008

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Case Summary

A senior who applied to work at a Cracker Barrel store alleged he was not hired because of corporation-wide age discrimination in hiring. It appears the parties settled, though no agreement is publicly available.The plaintiff, a man over sixty years of age, sued under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq. The plaintiff contended that Cracker Barrel had a nationwide pattern or practice of asking for and illegally considering the age of all applicants for empl…

A senior who applied to work at a Cracker Barrel store alleged he was not hired because of corporation-wide age discrimination in hiring. It appears the parties settled, though no agreement is publicly available.

The plaintiff, a man over sixty years of age, sued under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq. The plaintiff contended that Cracker Barrel had a nationwide pattern or practice of asking for and illegally considering the age of all applicants for employment He demanded compensation for lost wages liquidated damages, and attorneys' fees and costs, as well as a permanent injunction against age discrimination in hiring. The complaint sought class certification for similarly situated individuals.

On January 24, 2008, the United States District Court, Middle District of Florida, Tampa Division (Judge Mary Scriven) dismissed the case with prejudice. It appears the parties reached a settlement, although the details are not publicly available at this time.

Summary Authors

Eric Weiler (8/16/2010)

People


Judge(s)

Scriven, Mary Stenson (Florida)

Attorney for Plaintiff

Linesch, David J (Florida)

Attorney for Defendant

Aidman, Todd S. (Florida)

Garey, Erica (Georgia)

Gevertz, David E. (Georgia)

Judge(s)

Scriven, Mary Stenson (Florida)

Attorney for Plaintiff

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Documents in the Clearinghouse

Document

8:07-cv-00981

Docket [PACER]

Demarse v. Cracker Barrel Old County Store Incorporated

June 8, 2007

June 8, 2007

Docket
1

8:07-cv-00981

Complaint And Demand For Jury Trial

June 8, 2007

June 8, 2007

Complaint

2007 WL 2007

5

8:07-cv-00981

Cracker Barrel Old Country Store, Inc.'s Answer To Plaintiff's Complaint And Demand For Jury Trial

July 16, 2007

July 16, 2007

Pleading / Motion / Brief

Docket

Last updated April 15, 2024, 3:21 a.m.

ECF Number Description Date Link Date / Link
2

NOTICE of designation under Local Rule 3.05 − track 2. Signed by Deputy Clerk on 6/12/2007. (maa) (Entered: 06/12/2007)

June 12, 2007

June 12, 2007

3

Summons issued as to Cracker Barrel Old Country Store, Inc.. (apv, ) (Entered: 06/13/2007)

June 13, 2007

June 13, 2007

4

RETURN of service executed on 06/25/07 by William Demarse as to Cracker Barrel Old Country Store, Inc.. (Attachments: # 1 Supplement Summons)(Linesch, David) Modified on 7/3/2007 (apv). (Entered: 07/02/2007)

July 2, 2007

July 2, 2007

5

ANSWER and affirmative defenses to complaint by Cracker Barrel Old Country Store, Inc..(Aidman, Todd) (Entered: 07/16/2007)

July 16, 2007

July 16, 2007

6

CERTIFICATE of interested persons and corporate disclosure statement by Cracker Barrel Old Country Store, Inc.. (Aidman, Todd) (Entered: 07/16/2007)

July 16, 2007

July 16, 2007

7

MOTION for David E. Gevertz to appear pro hac vice by Cracker Barrel Old Country Store, Inc.. (Attachments: # 1 Certificate of Good Standing)(Aidman, Todd) Motions referred to Magistrate Judge Mary S. Scriven. (Entered: 07/19/2007)

July 19, 2007

July 19, 2007

8

MOTION for Erica V. Garey to appear pro hac vice by Cracker Barrel Old Country Store, Inc.. (Attachments: # 1 Certificate of Good Standing)(Aidman, Todd) Motions referred to Magistrate Judge Mary S. Scriven. (Entered: 07/19/2007)

July 19, 2007

July 19, 2007

9

ORDER granting 7 motion to appear pro hac vice; granting 8 motion to appear pro hac vice. Signed by Judge Mary S. Scriven on 8/8/2007. (EKW) (Entered: 08/08/2007)

Aug. 8, 2007

Aug. 8, 2007

10

CASE MANAGEMENT REPORT. (Linesch, David) (Entered: 08/23/2007)

Aug. 23, 2007

Aug. 23, 2007

11

CONSENT to trial by U.S. Magistrate Judge by William Demarse. (Linesch, David) (Entered: 08/23/2007)

Aug. 23, 2007

Aug. 23, 2007

12

ORDER approving consent to jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Mary S. Scriven. NEW CASE NUMBER: 8:07−cv−981−T−MSS. Signed by Judge Steven D. Merryday on 8/28/2007. (BK) (Entered: 08/29/2007)

Aug. 29, 2007

Aug. 29, 2007

13

NOTICE by William Demarse Notice of Dismisal with Prejudice (Linesch, David) (Entered: 01/14/2008)

Jan. 14, 2008

Jan. 14, 2008

14

Amended NOTICE of Voluntary Dismissal by William Demarse (Linesch, David) Modified on 1/22/2008 (APV). (Entered: 01/21/2008)

Jan. 21, 2008

Jan. 21, 2008

15

ORDER dismissing case with prejudice. The CLERK is directed to CLOSE this case. Signed by Magistrate Judge Mary S. Scriven on 1/24/2008. (EKW) (Entered: 01/25/2008)

Jan. 25, 2008

Jan. 25, 2008

Case Details

State / Territory: Florida

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 8, 2007

Closing Date: Jan. 25, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Caucasian male of at least 60 years of age

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Cracker Barrel Old County Store Incorporated, Private Entity/Person

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Unknown

Issues

General:

Pattern or Practice

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Hiring

Discrimination-basis:

Age discrimination