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Case Name
Thomas v. Pemco Aeroplex, Inc.
EE-AL-0102
Docket / Court
99-03280-CV-AR-S ( N.D. Ala. )
State/Territory
Alabama
Case Type(s)
Equal Employment
Case Summary
On December 9, 1999, a group of thirty-six African American employees filed a lawsuit, under 42 U.S.C. §1981, 42 U.S.C. §1981A, Title VII of U.S.C. §2000e, and 42 U.S.C. §1988, against Pemco Aeroplex, Inc. seeking monetary and injunctive relief. The plaintiffs, represented by private counsel, ...
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On December 9, 1999, a group of thirty-six African American employees filed a lawsuit, under 42 U.S.C. §1981, 42 U.S.C. §1981A, Title VII of U.S.C. §2000e, and 42 U.S.C. §1988, against Pemco Aeroplex, Inc. seeking monetary and injunctive relief. The plaintiffs, represented by private counsel, claimed that they were victims of racial discrimination which created a hostile working environment.
Debate over class certification ensued from 1999 to 2000. Ultimately, hearings on class certification halted, and plaintiffs withdrew their class allegations and moved to file an amended complaint. On October 12, 2000, the EEOC attempted to consolidate EEOC v. Pemco Aeroplex, Inc. (Case #00-cv-02762) with this case, and consolidation was granted in part (discovery only) and denied in part (trial judgment). Meanwhile, the plaintiffs filed Second and Third Amended Complaints on February 21, 2001, and July 10, 2001, respectively. On February 15, 2002, the EEOC made a second attempt to consolidate the two cases; however, the Court (Hon. William M. Acker, Jr.) denied the motion.
Of the original thirty-six plaintiffs, only nine had claims remaining against the defendant.
On July 1, 2002, the nine prevailing plaintiffs were awarded $10,501 each in damages. On October 16, 2002, they were awarded $225,000 in attorneys' fees and expenses to be divided among their counsel.
Katrina Campos - 07/28/2010
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Issues and Causes of Action
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Issues
Defendant-type
Retailer
Discrimination-area
Discipline
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
Race discrimination
General
Disparate Treatment
Plaintiff Type
Private Plaintiff
Race
Black
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)
Pemco Aeroplex, Inc.
Plaintiff Description
African American employees who were subjected to unlawful and discriminatory employment practices creating a hostile working environment at Pemco Aeroplex in Birmingham, AL.
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
12/09/1999
Case Closing Year
2002
Case Ongoing
No
Related Cases
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Case Listing
EE-AL-0065
: EEOC v. PEMCO AEROPLEX (N.D. Ala.)
Additional Resources
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Documents
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Court
Docket(s)
S.D. Ala.
03/31/2004
2:99−cv−03280
EE-AL-0102-9000.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
N.D. Ala.
02/21/2001
Plaintiffs' Second Amended Complaint [ECF# 39]
EE-AL-0102-0001.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Ala.
07/10/2001
Plaintiffs' Third Amended Complaint [ECF# 68]
EE-AL-0102-0002.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Ala.
05/09/2002
Plaintiffs' Motion for Injunctive Relief [ECF# 202]
EE-AL-0102-0003.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Ala.
05/30/2002
Order (Summary Judgment, Injunctive Relief, Monetary Relief, Motions in Limine) [ECF# 214]
EE-AL-0102-0004.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Ala.
07/01/2002
Order and Final Judgment (Monetary Awards, Dismissing Plaintiffs' Actions, Denying Pending Motions) [ECF# 248]
EE-AL-0102-0006.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Ala.
10/16/2002
Order (Closing case) [ECF# 264]
EE-AL-0102-0005.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
People
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Judges
Acker, William Marsh Jr.
(N.D. Ala.)
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EE-AL-0102-0004 | EE-AL-0102-0005 | EE-AL-0102-0006 | EE-AL-0102-9000
Plaintiff's Lawyers
Agboola, Adedapo T
(Alabama)
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EE-AL-0102-9000
Anthony, Emory Jr.
(Alabama)
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EE-AL-0102-9000
Bender, Darryl
(Alabama)
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EE-AL-0102-0001 | EE-AL-0102-9000
Benefield, Steven A
(Alabama)
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EE-AL-0102-9000
Kidd, Cheryl A
(Alabama)
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EE-AL-0102-0001 | EE-AL-0102-9000
Quarles, Tyrone
(Alabama)
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EE-AL-0102-0001 | EE-AL-0102-0003 | EE-AL-0102-9000
Simon, Kenneth O
(Alabama)
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EE-AL-0102-0001 | EE-AL-0102-0002 | EE-AL-0102-9000
Defendant's Lawyers
Allen, Mitchell G.
(Alabama)
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EE-AL-0102-9000
Brown, Stephen E
(Alabama)
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EE-AL-0102-9000
Cooper, N Lee
(Alabama)
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EE-AL-0102-9000
Lee, Jeffrey A
(Alabama)
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EE-AL-0102-9000
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