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Case Name
Koger v. Texaco, Inc.
EE-GA-0106
Docket / Court
4:04-CV-00205-JEC ( N.D. Ga. )
State/Territory
Georgia
Case Type(s)
Equal Employment
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 ...
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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.
Michael Perry - 07/31/2010
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Issues and Causes of Action
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Issues
Defendant-type
Retailer
Discrimination-area
Demotion
Discrimination-basis
Race discrimination
General
Disparate Treatment
Pattern or Practice
Plaintiff Type
Private Plaintiff
Race
American Indian/Alaskan Native
Black
White
Causes of Action
42 U.S.C. § 1981
Title VII (including PDA), 42 U.S.C. § 2000e
Case Details
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Defendant(s)
Protiva, Inc,
Shell Oil Company
Texaco, Inc.
Plaintiff Description
Former white manager of a convenience store.
Class action status sought
Yes
Class action status granted
No
Filed Pro Se
No
Prevailing Party
Mixed
Public Int. Lawyer
No
Nature of Relief
Damages
Source of Relief
Settlement
Form of Settlement
Private Settlement Agreement
Filed
08/30/2004
Case Closing Year
2008
Case Ongoing
No
Additional Resources
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Documents
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Court
Docket(s)
N.D. Ga.
06/13/2008
4:04−cv−00205
EE-GA-0106-9000.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
N.D. Ga.
03/03/2005
Amended Complaint [ECF# 6]
EE-GA-0106-0001.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Ga.
03/28/2007
Order and Opinion (Adopting in part and rejecting in part the Magistrate Judge's Final Report and Recommendation) [ECF# 76]
EE-GA-0106-0002.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
People
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Judges
Carnes, Julie E.
(N.D. Ga., Eleventh Circuit)
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EE-GA-0106-0002 | EE-GA-0106-9000
Plaintiff's Lawyers
Dickson, Bonny Elizabeth
(Tennessee)
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EE-GA-0106-0001 | EE-GA-0106-9000
Hall, Cynthia D.
(Tennessee)
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EE-GA-0106-9000
Pinchak, Frank P.
(Tennessee)
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EE-GA-0106-0001 | EE-GA-0106-9000
Sawyer, Horace Kimbrell III
(Georgia)
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EE-GA-0106-0001 | EE-GA-0106-9000
Defendant's Lawyers
Marlett, Eric John
(Georgia)
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EE-GA-0106-9000
McGahren, Matthew Francis
(Georgia)
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EE-GA-0106-9000
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