Case: Koger v. Texaco, Inc.

4:04-cv-00205 | U.S. District Court for the Northern District of Georgia

Filed Date: Aug. 30, 2004

Closed Date: June 13, 2008

Clearinghouse coding complete

Case Summary

On August 30, 2004 the plaintiff filed a complaint in the District Court for the Northern District of Georgia alleging racial discrimination against herself and others similarly situated by her direct employer, Protiva, Inc., individuals who managed that company, and Texaco, Inc. and Shell Oil Company, the owners of the gas station where she worked. Specifically she alleged that she had been unlawfully demoted from her position as store manager in violation of 42 U.S.C. § 1981 and Title VII be…

On August 30, 2004 the plaintiff filed a complaint in the District Court for the Northern District of Georgia alleging racial discrimination against herself and others similarly situated by her direct employer, Protiva, Inc., individuals who managed that company, and Texaco, Inc. and Shell Oil Company, the owners of the gas station where she worked. Specifically she alleged that she had been unlawfully demoted from her position as store manager in violation of 42 U.S.C. § 1981 and Title VII because she was Caucasian and defendant operators wished to only employ managers of their racial descent, South Asian.

Each party filed a motion for summary judgment as discovery proceeded. On September 21, 2006 the Magistrate Judge submitted a report recommending that the defendants' motions be granted. On March 28, 2007, however, the district court (Judge Carnes) granted the defendants' motions regarding belatedly raised retaliation claims but denied the other motions for summary judgment on the basis that the defendants had failed to demonstrate that they either were not the plaintiff's joint employer (in the case of Shell and Texaco) or that the stated reasons for demoting the plaintiff were not a mere pretext (in the case of Protiva). The parties reached a settlement awarding the plaintiff unspecified monetary damages on August 9, 2007.

Summary Authors

Michael Perry (7/31/2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4790293/parties/koger-v-texaco-inc/


Judge(s)

Carnes, Julie E. (Georgia)

Attorney for Plaintiff

Dickson, Bonny Elizabeth (Tennessee)

Hall, Cynthia D. (Tennessee)

Attorney for Defendant

Marlett, Eric John (Georgia)

McGahren, Matthew Francis (Georgia)

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Documents in the Clearinghouse

Document

4:04-cv-00205

Docket

June 13, 2008

June 13, 2008

Docket
6

4:04-cv-00205

Amended Complaint

March 3, 2005

March 3, 2005

Complaint
76

4:04-cv-00205

Order and Opinion (Adopting in part and rejecting in part the Magistrate Judge's Final Report and Recommendation)

March 28, 2007

March 28, 2007

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4790293/koger-v-texaco-inc/

Last updated Feb. 9, 2024, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL with COMPLAINT, SUMMONS, ENTRY of SERVICE(Pretrial instructions attached to service copies and returned to attorney for service.) (Filing fee $ 150 receipt number 364555), filed by dfts Babul Islam, Protiva, Inc., Mashud M. Reza, Shell Oil Company, Texaco, Inc..(jta) (Entered: 08/31/2004)

Aug. 30, 2004

Aug. 30, 2004

2

ANSWER to Complaint by dfts Babul Islam, Protiva, Inc., Mashud M. Reza, Shell Oil Company, and Texaco, Inc. Discovery ends on 1/27/2005.(jta) (Entered: 08/31/2004)

Aug. 30, 2004

Aug. 30, 2004

3

MOTION for Leave to File Amended Complaint with Brief In Support by Lejean Koger. (Attachments: # 1 proposed amended cmp)(jta) (Entered: 02/04/2005)

Feb. 2, 2005

Feb. 2, 2005

4

ORDER OF RECUSAL. Judge Harold L. Murphy recused. Case reassigned to Judge Thomas W. Thrash, Jr for all further proceedings. Signed by Judge Harold L. Murphy on 02/04/05. (jta) (Entered: 02/07/2005)

Feb. 4, 2005

Feb. 4, 2005

Submission of Pla's 3 MOTION for Leave to File Amended Complaint, to District Judge Thomas W. Thrash. (bjj) (Entered: 02/25/2005)

Feb. 25, 2005

Feb. 25, 2005

5

ORDER granting 3 Motion for Leave to File amended complaint. Signed by Judge Thomas W. Thrash Jr. on 3/2/05. (ss) (Entered: 03/03/2005)

March 3, 2005

March 3, 2005

6

AMENDED COMPLAINT against all defendants filed by pla Lejean Koger.(jta) (Entered: 03/07/2005)

March 3, 2005

March 3, 2005

7

Defendants' ANSWER to Amended Complaint by Protiva, Inc..(McGahren, Matthew) (Entered: 03/17/2005)

March 17, 2005

March 17, 2005

8

Defendants' ANSWER to Amended Complaint by Babul Islam.(McGahren, Matthew) (Entered: 03/17/2005)

March 17, 2005

March 17, 2005

9

Defendants' ANSWER to Amended Complaint by Mashud M. Reza.(McGahren, Matthew) (Entered: 03/17/2005)

March 17, 2005

March 17, 2005

10

Defendants' ANSWER to Amended Complaint by Shell Oil Company.(McGahren, Matthew) (Entered: 03/17/2005)

March 17, 2005

March 17, 2005

11

Defendants' ANSWER to Amended Complaint by Texaco, Inc..(McGahren, Matthew) (Entered: 03/17/2005)

March 17, 2005

March 17, 2005

12

CERTIFICATE OF SERVICE as to RESPONSES TO PLA'S FIRST INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS by dfts Protiva, Inc., Mashud M. Reza,and Babul Islam. (jta) (Entered: 05/02/2005)

April 29, 2005

April 29, 2005

13

Joint Certificate of Interested Persons by parties. (jta) (Entered: 05/16/2005)

May 13, 2005

May 13, 2005

14

JOINT PRELIMINARY REPORT AND DISCOVERY SCHEDULE filed by parties. (jta) (Entered: 05/16/2005)

May 13, 2005

May 13, 2005

Remark re 13 Certificate of Interested Persons, OK as to TWT. (ss) (Entered: 05/18/2005)

May 18, 2005

May 18, 2005

15

Initial Disclosures by Shell Oil Company, Protiva, Inc., Mashud M. Reza, Babul Islam, Texaco, Inc..(Elchahal, Marlo) (Entered: 06/06/2005)

June 6, 2005

June 6, 2005

16

Initial Disclosures by pla Lejean Koger.(jta) (Entered: 06/13/2005)

June 8, 2005

June 8, 2005

17

CERTIFICATE OF SERVICE by Protiva, Inc. for Defendant Protiva Inc.'s First Interrogatories and First Request for Production of Documents to Plaintiff Koger (Elchahal, Marlo) (Entered: 06/24/2005)

June 24, 2005

June 24, 2005

19

APPLICATION for Admission Pro Hac Vice for Frank P. Pinchak to appear o/b/o Lejean Koger.Filing Fee received $150.00,; Receipt #365085. (jta) (Entered: 08/11/2005)

Aug. 10, 2005

Aug. 10, 2005

20

APPLICATION for Admission Pro Hac Vice of Bonny Elizabeth Dickson to appear o/b/o Lejean Koger.Filing Fee received $150.00, Receipt #365086. (jta) Modified on 8/12/2005 to edit text(jta). (Entered: 08/11/2005)

Aug. 10, 2005

Aug. 10, 2005

21

ORDER granting 20 Application for Admission Pro Hac Vice of Bonny Elizabeth Dickson to appear o/b/o pla. Signed by Judge Thomas W. Thrash Jr. on 08/22/05. (jta) (Entered: 08/25/2005)

Aug. 25, 2005

Aug. 25, 2005

22

ORDER granting 19 Application for Admission Pro Hac Vice of Frank P. Pinchak to appear o/b/o pla. Signed by Judge Thomas W. Thrash Jr. on 08/22/05. (jta) (Entered: 08/25/2005)

Aug. 25, 2005

Aug. 25, 2005

23

NOTICE of TELECONFERENCE Hearing: In Chambers Conference set for 9/8/2005 10:00 AM before Judge Thomas W. Thrash Jr., counsel for plaintiff to originate call. (ss) (Entered: 08/30/2005)

Aug. 30, 2005

Aug. 30, 2005

29

Minute Entry for proceedings held before Judge Thomas W. Thrash Jr.: Status Conference held on 9/8/2005 regarding Court's possible need to recuse. Counsel unsure of party relationship that Court had concerns about. Counsel to advise Court of their position. (Court Reporter Darla Coulter.)(ddm) (Entered: 10/31/2005)

Sept. 8, 2005

Sept. 8, 2005

24

ORDER OF RECUSAL. Judge Thomas W. Thrash, Jr. recused pursuant to 28 U.S.C. 455(b)(4). Case reassigned to Judge Julie E. Carnes for all further proceedings. Signed by Judge Thomas W. Thrash Jr. on 9/22/05. (jta) (Entered: 09/28/2005)

Sept. 22, 2005

Sept. 22, 2005

25

NOTICE directing the parties to submit the proposed consolidated pretrial order by FRIDAY, 10/14/05. (Attachments: # 1 Civil Trial Instructions)(kb) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

26

Joint MOTION for Extension of Time to Complete Discovery with Brief In Support by Shell Oil Company, Protiva, Inc., Mashud M. Reza, Babul Islam, Texaco, Inc.. (Attachments: # 1 Memorandum# 2)(Elchahal, Marlo) (Entered: 10/05/2005)

Oct. 5, 2005

Oct. 5, 2005

27

ORDER granting 26 Motion for Extension of Time to Complete Discovery Discovery ends on MONDAY, 1/9/2006. Signed by Judge Julie E. Carnes on 10/07/05. (kb) (Entered: 10/11/2005)

Oct. 11, 2005

Oct. 11, 2005

28

NOTICE to Take Deposition of Protiva, Inc. filed by Lejean Koger (Dickson, Bonny) (Entered: 10/19/2005)

Oct. 19, 2005

Oct. 19, 2005

30

Joint MOTION for Extension of Time to Complete Discovery by Shell Oil Company, Protiva, Inc., Mashud M. Reza, Babul Islam, Texaco, Inc.. (Elchahal, Marlo) (Entered: 11/30/2005)

Nov. 30, 2005

Nov. 30, 2005

Submission of Defts' 30 Joint MOTION for Extension of Time to Complete Discovery, to District Judge Julie E. Carnes. (bjj) (Entered: 12/22/2005)

Dec. 22, 2005

Dec. 22, 2005

31

ORDER granting 30 Motion for Extension of Time to Complete Discovery Discovery ends on FRIDAY, 3/10/2006. FINAL EXTENSION. Signed by Judge Julie E. Carnes on 1/10/06. (kb) (Entered: 01/11/2006)

Jan. 11, 2006

Jan. 11, 2006

32

Final MOTION for Extension of Time to Complete Discovery by Shell Oil Company, Protiva, Inc., Mashud M. Reza, Babul Islam, Texaco, Inc.. (Attachments: # 1 Certificate of Service)(McGahren, Matthew) (Entered: 03/03/2006)

March 3, 2006

March 3, 2006

Submission of 32 Final MOTION for Extension of Time to Complete Discovery, submitted to District Judge Julie E. Carnes. (jta) (Entered: 03/06/2006)

March 6, 2006

March 6, 2006

34

MOTION to Compel Discovery with Brief In Support by Lejean Koger. (Attachments: # 1 Exhibit A − E to Motion to Compel# 2 Brief In Support of Motion to Compel# 3 Supplement Rule 37 Certification)(Dickson, Bonny) (Entered: 03/10/2006)

March 10, 2006

March 10, 2006

35

RESPONSE re 34 MOTION to Compel Discovery filed by Shell Oil Company, Protiva, Inc., Mashud M. Reza, Babul Islam, Texaco, Inc.. (McGahren, Matthew) (Entered: 03/20/2006)

March 20, 2006

March 20, 2006

Submission of Pla's 34 MOTION to Compel Discovery, to District Judge Julie E. Carnes. (bjj) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

36

NOTICE Of Filing Original Deposition Transcript of Plaintiff Koger by Shell Oil Company, Protiva, Inc., Mashud M. Reza, Babul Islam, Texaco, Inc. (Manually Filed) (McGahren, Matthew) (Entered: 05/03/2006)

May 3, 2006

May 3, 2006

37

DEPOSITION (Telephone) of LEJEAN KOGER ROGERS taken on 3/9/06 by Shell Oil Company, Protiva, Inc., Mashud M. Reza, Babul Islam, Texaco, Inc..(jta) (Entered: 05/04/2006)

May 4, 2006

May 4, 2006

38

MOTION for Summary Judgment by Shell Oil Company, Protiva, Inc., Mashud M. Reza, Babul Islam, Texaco, Inc.. (Attachments: # 1 Brief # 2 Statement of Material Facts)(McGahren, Matthew) −−Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.−− (Entered: 05/05/2006)

May 5, 2006

May 5, 2006

39

AFFIDAVIT re 38 MOTION for Summary Judgment by Shell Oil Company, Protiva, Inc., Mashud M. Reza, Babul Islam, Texaco, Inc.. (Attachments: # 1 Affidavit)(McGahren, Matthew) (Entered: 05/05/2006)

May 5, 2006

May 5, 2006

40

REDACTION to 38 MOTION for Summary Judgment Lease Agreement by Shell Oil Company, Protiva, Inc., Mashud M. Reza, Babul Islam, Texaco, Inc.. (McGahren, Matthew) (Entered: 05/06/2006)

May 5, 2006

May 5, 2006

41

REDACTION to 38 MOTION for Summary Judgment CORO Agreement by Shell Oil Company, Protiva, Inc., Mashud M. Reza, Babul Islam, Texaco, Inc.. (McGahren, Matthew) (Entered: 05/06/2006)

May 6, 2006

May 6, 2006

42

DEPOSITION of Lejean Koger Rogers taken on 3/9/06 by Shell Oil Company, Protiva, Inc., Mashud M. Reza, Babul Islam, Texaco, Inc.. (Attachments: # 1 Exhibit Depo Part 2# 2 Exhibit Depo Part 3# 3 Exhibit Depo Part 4# 4 Exhibit Depo Part 5# 5 Exhibit Depo Exhibit 2)(McGahren, Matthew) (Entered: 05/06/2006)

May 6, 2006

May 6, 2006

43

MOTION for Order Determining Timely Filing or Granting Leave to Supplement by Shell Oil Company, Protiva, Inc., Mashud M. Reza, Babul Islam, Texaco, Inc.. (Attachments: # 1 Affidavit Declaration of Eric Marlett)(McGahren, Matthew) (Entered: 05/07/2006)

May 7, 2006

May 7, 2006

44

Joint MOTION for Extension of Time and Determination of Timeliness by Lejean Koger. (Attachments: # 1)(Dickson, Bonny) (Entered: 05/19/2006)

May 19, 2006

May 19, 2006

45

ORDER granting re 44 Joint MOTION for Extension of Time through FRIDAY, 6/16/06 to respond to 38 MOTION for Summary Judgment . Signed by Judge Julie E. Carnes on 05/25/06. (kb) (Entered: 05/25/2006)

May 25, 2006

May 25, 2006

46

MOTION to Amend 6 Amended Complaint with Brief In Support by Lejean Koger. (Attachments: # 1 Exhibit A to Motion to Amend# 2 Brief Memorandum of Law in Support of Motion to Amend# 3 Exhibit A to Brief in Support of Motion to Amend# 4 Exhibit B to Brief in Support of Motion to Amend# 5 Exhibit C to Brief in Support of Motion to Amend# 6 Exhibit D to Brief in Support of Motion to Amend# 7 Exhibit E to Brief in Support of Motion to Amend# 8 Exhibit F to Brief in Support of Motion to Amend# 9 Exhibit G to Brief in Support of Motion to Amend# 10 Exhibit H to Brief in Support of Motion to Amend)(Dickson, Bonny) (Entered: 06/01/2006)

June 1, 2006

June 1, 2006

Submission of 43 MOTION for Order Determining Timely Filing or Granting Leave to Supplement , submitted to District Judge Julie E. Carnes. (dob) (Entered: 06/08/2006)

June 8, 2006

June 8, 2006

47

MOTION to Strike Affidavit of Henry R. Miller by Lejean Koger. (Dickson, Bonny) (Entered: 06/08/2006)

June 8, 2006

June 8, 2006

48

RESPONSE in Support re 47 MOTION to Strike Affidavit of Henry R. Miller filed by Lejean Koger. (Attachments: # 1 Exhibit A# 2 Exhibit B # 3 Exhibit C)(Dickson, Bonny) Modified on 6/9/2006 to name attachment(jta). (Entered: 06/08/2006)

June 8, 2006

June 8, 2006

49

RESPONSE re 38 MOTION for Summary Judgment filed by Lejean Koger. (Dickson, Bonny) (Entered: 06/16/2006)

June 16, 2006

June 16, 2006

50

NOTICE Of Filing by Lejean Koger Notice of Manual Filing (transcript of Babul Islam) (Dickson, Bonny) (Entered: 06/16/2006)

June 16, 2006

June 16, 2006

51

NOTICE Of Filing by Lejean Koger re 49 Response to Motion Notice of Manual Filing (transcript of Mojib Rahman) (Dickson, Bonny) (Entered: 06/16/2006)

June 16, 2006

June 16, 2006

52

NOTICE Of Filing by Lejean Koger re 49 Response to Motion Notice of Manual Filing (transcript of Robin Israil) (Dickson, Bonny) (Entered: 06/16/2006)

June 16, 2006

June 16, 2006

53

Statement of Material Facts re 38 MOTION for Summary Judgment Statement of Additional Material Facts that Make Summary Judgment Inappropriate filed by Lejean Koger. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E−1# 6 Exhibit E−2# 7 Exhibit E−3# 8 Exhibit E−4# 9 Exhibit E−5# 10 Exhibit E−6# 11 Exhibit E−7# 12 Exhibit E−8# 13 Exhibit E−9# 14 Exhibit E−10# 15 Exhibit F−1# 16 Exhibit F−2# 17 Exhibit F−3# 18 Exhibit G# 19 Exhibit H# 20 Exhibit I# 21 Exhibit J# 22 Exhibit K# 23 Exhibit L# 24 Exhibit M)(Dickson, Bonny) (Entered: 06/16/2006)

June 16, 2006

June 16, 2006

54

Response to Statement of Material Facts re 38 MOTION for Summary Judgment filed by Lejean Koger. (Dickson, Bonny) (Entered: 06/16/2006)

June 16, 2006

June 16, 2006

55

MOTION for Leave to File Supplement to Plaintiff's Response to Motion for Summary Judgmentby Lejean Koger. (Dickson, Bonny) (Entered: 06/16/2006)

June 16, 2006

June 16, 2006

56

DEPOSITION of Babul Islam taken on 03/14/2006 by Lejean Koger.(dob) (Entered: 06/19/2006)

June 16, 2006

June 16, 2006

57

DEPOSITION of Robin Israil taken on 03/09/2006 by Lejean Koger.(dob) (Entered: 06/19/2006)

June 16, 2006

June 16, 2006

58

DEPOSITION of Mojib Rahman taken on 11/14/2005 by Lejean Koger.(dob) (Entered: 06/19/2006)

June 16, 2006

June 16, 2006

59

RESPONSE in Opposition re 46 MOTION to Amend 6 Amended Complaint filed by Shell Oil Company, Protiva, Inc., Mashud M. Reza, Babul Islam, Texaco, Inc.. (Attachments: # 1 Brief)(McGahren, Matthew) (Entered: 06/19/2006)

June 19, 2006

June 19, 2006

Submission of pla's 46 MOTION to Amend 6 Amended Complaint, with dft's 59 response in opposition,submitted to District Judge Julie E. Carnes. (jta) (Entered: 06/20/2006)

June 20, 2006

June 20, 2006

60

RESPONSE re 55 MOTION for Leave to File Supplement to Plaintiff's Response to Motion for Summary Judgment filed by Shell Oil Company, Protiva, Inc., Mashud M. Reza, Babul Islam, Texaco, Inc.. (McGahren, Matthew) (Entered: 06/26/2006)

June 26, 2006

June 26, 2006

61

RESPONSE in Opposition re 47 MOTION to Strike Affidavit of Henry R. Miller filed by Shell Oil Company, Protiva, Inc., Mashud M. Reza, Babul Islam, Texaco, Inc.. (Attachments: # 1 Brief # 2 Affidavit Allen R. Girndt# 3 Exhibit Unpublished Opinion in Support #1# 4 Exhibit Unpublished Opinion in Support #2)(McGahren, Matthew) (Entered: 06/26/2006)

June 26, 2006

June 26, 2006

Submission of pla's 47 MOTION to Strike Affidavit of Henry R. Miller , with pla's 48 Response in Support of Motion, and dfts' 61 Response in Opposition to Motion submitted to District Judge Julie E. Carnes. (jta) (Entered: 06/27/2006)

June 27, 2006

June 27, 2006

62

Remaining File and Depos mailed to Atlanta Per Judge Carnes chambers. (jta) (Entered: 06/28/2006)

June 28, 2006

June 28, 2006

CASE REFERRED to Magistrate Judge Walter E. Johnson. (jta) (Entered: 06/29/2006)

June 29, 2006

June 29, 2006

Submission of pla's 47 MOTION to Strike Affidavit of Henry R. Miller , with pla's 48 Response in Support of Motion, and dfts' 61 Resp in Opp; pla's 55 MOTION for Leave to File Supplement to Plaintiff's Response to Motion for Summary Judgment, with dfts' 60 Response; pla's 34 MOTION to Compel Discovery, and pla's 46 MOTION to Amend 6 Amended Complaint, with dft's 59 response in oppositionsubmitted to Magistrate Judge Walter E. Johnson. (jta) (Entered: 06/29/2006)

June 29, 2006

June 29, 2006

63

Joint MOTION for Extension of Time to Reply to Plaintiff's Response to Motion for Summary Judgment re: 49 Response to Motion for Summary Judgment by Shell Oil Company, Protiva, Inc., Mashud M. Reza, Babul Islam, Texaco, Inc.. (Attachments: # 1 Text of Proposed Order)(McGahren, Matthew) (Entered: 06/29/2006)

June 29, 2006

June 29, 2006

64

ORDER granting 63 Joint Motion for Extension of Time for dfts to Reply to pla's 49 Response to dfts' 38 Motion for Summary Jgm until 7/17/06. Signed by Judge Walter E. Johnson on 7/5/06. (jta) (Entered: 07/05/2006)

July 5, 2006

July 5, 2006

65

ORDER GRANTING dfts' 43 Motion for Determination of Timely Filing, and GRANTING pla's 55 Motion for Leave to File Supplement to pla's Response to dft's 38 Motion for Summary Judgment. Plaintiff has up through and including 7/17/06, to file no more than a five (5) page Supplemental Response. Dfts shall have ten (10) days thereafter to file a Reply to pla's initial and supplemental responses. If necessary, dfts may exceed the Local Rule's limitation by three pages. Signed by Judge Walter E. Johnson on 7/6/06. (jta) Modified on 7/6/2006 to edit text(jta). (Entered: 07/06/2006)

July 6, 2006

July 6, 2006

66

ORDER granting 34 Plaintiff's Motion to Compel with respect to the remaining employee files for defendants' Georgia stores from July 2003 to present and ORDERS production of those files within 5 days of the entry of this order. Upon receipt of those files, plaintiff shall have 5 days to file a supplement to her response to defendants' Motion for Summary Judgment. Defendants shall have ten days thereafter to file their consolidated reply brief. The parties shall comply with the page limitations set forth in the Court's order 65 of July 6, 2006 . Signed by Magistrate Judge Walter E. Johnson on 7/17/06. (klb) (Entered: 07/17/2006)

July 17, 2006

July 17, 2006

67

ORDER denying 46 plaintiff's Motion to Amend complaint. Signed by Magistrate Judge Walter E. Johnson on 7/18/06. (klb) (Entered: 07/18/2006)

July 18, 2006

July 18, 2006

68

ORDER denying as moot 47 plaintiff's Motion to Strike affidavit of Henry R. Miller . Signed by Magistrate Judge Walter E. Johnson on 7/18/06. (klb) (Entered: 07/18/2006)

July 18, 2006

July 18, 2006

Submission of 65 Order re ddl for pla's supplemental resp and dft's reply to dft's 38 MOTION for Summary Judgment submitted to Magistrate Judge Walter E. Johnson. (jta) (Entered: 07/20/2006)

July 20, 2006

July 20, 2006

69

SUPPLEMENTAL RESPONSE to 38 MOTION for Summary Judgment, filed by Lejean Koger. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H)(Dickson, Bonny) Modified on 7/28/2006 to edit text (bjj). (Entered: 07/27/2006)

July 27, 2006

July 27, 2006

70

NOTICE of Appearance by Matthew Francis McGahren on behalf of Shell Oil Company, Protiva, Inc., Mashud M. Reza, Babul Islam, Texaco, Inc. (McGahren,

July 28, 2006

July 28, 2006

MOTIONS 38 MOTION for Summary Judgment REFERRED to Judge Magistrate Judge Johnson. (jta) (Entered: 08/03/2006)

Aug. 3, 2006

Aug. 3, 2006

71

REPLY to pla's 49 Response to dft's 38 Motion for Summary Jgm filed by Shell Oil Company, Protiva, Inc., Mashud M. Reza, Babul Islam, Texaco, Inc.. (Attachments: # 1 Statement of Material Facts Response# 2 Exhibit A)(McGahren, Matthew) Modified on 8/11/2006 to edit text(jta). (Entered: 08/10/2006)

Aug. 10, 2006

Aug. 10, 2006

Submission of dfts' 38 MOTION for Summary Judgment, with plas 49 Response to Motion, 53 Statement of Material Facts, 54 Response to Statement of Material Facts and dfts' 71 Reply to Response to Motionsubmitted to Magistrate Judge Walter E. Johnson. (jta) (Entered: 08/11/2006)

Aug. 11, 2006

Aug. 11, 2006

Notification of Docket Correction re 71 Reply to Response to Motion. Edited text to accurately reflect e−filed document. (jta) (Entered: 08/11/2006)

Aug. 11, 2006

Aug. 11, 2006

72

FINAL REPORT AND RECOMMENDATION −RECOMMENDING that Defendants' 38 MOTION for Summary Judgment be GRANTED. The clerk is directed to terminate the reference to the Magistrate Judge. With order for service. Signed by Magistrate Judge Walter E. Johnson on 9/21/06. (klb) (Entered: 09/21/2006)

Sept. 21, 2006

Sept. 21, 2006

73

OBJECTIONS to 72 Report and Recommendation filed by Lejean Koger. (Attachments: # 1 Memorandum of Law in Support of Objection)(Dickson, Bonny) (Entered: 09/29/2006)

Sept. 29, 2006

Sept. 29, 2006

Submission of 72 FINAL REPORT AND RECOMMENDATION re 38 MOTION for Summary Judgment with pla's 73 objections submitted to District Judge Julie E. Carnes. (jta) (Entered: 10/02/2006)

Oct. 2, 2006

Oct. 2, 2006

74

Mail Returned as Undeliverable. Mail sent to Eric John Marlett re 72 FINAL REPORT AND RECOMMENDATION re 38 MOTION for Summary Judgment filed by Texaco, Inc.,, Shell Oil Company,, Protiva, Inc.,, Mashud M. Reza,, Babul Islam, (klb) (Entered: 01/03/2007)

Jan. 3, 2007

Jan. 3, 2007

75

DOCUMENT FILED INCORRECTLYNOTICE by Shell Oil Company, Protiva, Inc., Mashud M. Reza, Babul Islam, Texaco, Inc. Regarding Correct Contact Information for Defendants' Counsel (McGahren, Matthew) Modified on 1/12/2007 to restrict document access(jta). (Entered: 01/11/2007)

Jan. 11, 2007

Jan. 11, 2007

Notification of Docket Correction re 75 Notice (Other). Wrong event used. Attorney to re−file. (jta) (Entered: 01/12/2007)

Jan. 12, 2007

Jan. 12, 2007

76

ORDER and OPINION ADOPTING IN PART and DECLINING IN PART the 72 Magistrate Judge's Final Report and Recommendation. Instead, the Court GRANTS IN PART and DENIES IN PART 38 Defendants' Motion for Summary Judgment. The Court will issue a separate Order concerning a trial date, the date by which the pretrial order must be filed, and a date, and process, by which the parties determine if the case can be resolved through settlement. Signed by Judge Julie E. Carnes on 3/28/07. (ddm)

March 28, 2007

March 28, 2007

RECAP
77

ORDER directing the parties to confer, in an effort to settle this action, within THIRTY (30) days. If the case is not settled, the parties are directed to submit, within THIRTY (30) days the Proposed Consolidated Pretrial Order, which requires JOINT voir dire questions. The parties are directed to consider consenting to a trial before a magistrate judge. Signed by Judge Julie E. Carnes on 05/21/07. (Attachments: # 1 CIVIL TRIAL INSTRUCTIONS)(kb) (Entered: 05/21/2007)

May 21, 2007

May 21, 2007

78

Joint MOTION for Extension of Time to Confer re: 77 Order, by Shell Oil Company, Protiva, Inc., Mashud M. Reza, Babul Islam, Texaco, Inc.. (Attachments: # 1 Text of Proposed Order)(McGahren, Matthew) (Entered: 06/15/2007)

June 15, 2007

June 15, 2007

80

NOTICE setting Trial:Jury Trial set for MONDAY, 8/27/2007 09:30 AM in Courtroom 311 before Judge Julie E. Carnes. The proposed Consolidated Pretrial Order, which requires JOINT voir dire questions, the four courtesy copies of the 15 requests to charge and any motions in limine are due MONDAY, 8/13/07. The pretrial/settlement conference is scheduled for THURSDAY, 8/23/07 2:00 PM, in Chambers 2167 (Atlanta). The written obbjections to each other's requests to charge are due THURSDAY, 8/23/07. (Attachments: # 1 CIVIL TRIAL INSTRUCTIONS)(kb) (Entered: 06/26/2007)

June 26, 2007

June 26, 2007

81

Letter to counsel attaching the Court's Pattern Charges used in most civil cases re 80 Notice setting Trial. (Attachments: # 1 Pattern Charges)(kb) (Entered: 06/26/2007)

June 26, 2007

June 26, 2007

82

Mail Returned as Undeliverable. Mail sent to Eric John Marlett regarding 77 Order returned via USPS marked "Forwarding Time Expired". (ddm) (Entered: 07/05/2007)

June 29, 2007

June 29, 2007

83

NOTICE of Change of Address for Matthew Francis McGahren, counsel for Shell Oil Company, Protiva, Inc., Mashud M. Reza, Babul Islam, Texaco, Inc. (McGahren, Matthew) (Entered: 07/20/2007)

July 20, 2007

July 20, 2007

84

NOTICE by Shell Oil Company, Protiva, Inc., Mashud M. Reza, Babul Islam, Texaco, Inc. Notice of Intent to File Motion to Withdraw (McGahren, Matthew) (Entered: 07/20/2007)

July 20, 2007

July 20, 2007

85

ORDER scheduling the settlement/pretrial conference for FRIDAY, 8/10/07, 10:30 A.M., CHAMBERS 2167. The pretrial conference date of 8/23/07 is CANCELLED. Signed by Judge Julie E. Carnes on 08/01/07. (kb)R (Entered: 08/01/2007)

Aug. 1, 2007

Aug. 1, 2007

86

MOTION to Withdraw Matthew Francis McGahren as Attorneyby Shell Oil Company, Protiva, Inc., Mashud M. Reza, Babul Islam, Texaco, Inc.. (Attachments: # 1 Exhibit A)(McGahren, Matthew) (Entered: 08/03/2007)

Aug. 3, 2007

Aug. 3, 2007

87

Amended MOTION to Withdraw Matthew Francis McGahren as Attorneyby Shell Oil Company, Protiva, Inc., Mashud M. Reza, Babul Islam, Texaco, Inc.. (Attachments: # 1 Exhibit A)(McGahren, Matthew) (Entered: 08/03/2007)

Aug. 3, 2007

Aug. 3, 2007

Case Details

State / Territory: Georgia

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 30, 2004

Closing Date: June 13, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Former white manager of a convenience store.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Texaco, Inc. (White Plains), Private Entity/Person

Shell Oil Company (Houston), Private Entity/Person

Protiva, Inc, (Catoosa), Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Mixed

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: Unknown

Issues

General:

Pattern or Practice

Discrimination-area:

Disparate Treatment

Demotion

Discrimination-basis:

Race discrimination

Race:

American Indian/Alaskan Native

Black

White