Case: Ewing v. Coca Cola Bottling Co. of New York, Inc.

7:00-cv-07020 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 19, 2000

Closed Date: Sept. 6, 2001

Clearinghouse coding complete

Case Summary

On September 19, 2000, several African-American and Hispanic production employees at the defendant's facility in New York filed a class action lawsuit under Title VII, 42 U.S.C. § 1981, and Section 296 of the New York Executive Law against defendants Coca Cola Bottling Company of New York ("Coke New York") and Coca Cola Enterprises, Inc. ("CCE") in the U.S. District Court for the Southern District of New York, White Plains Division. The plaintiffs, represented by private counsel, asked the cou…

On September 19, 2000, several African-American and Hispanic production employees at the defendant's facility in New York filed a class action lawsuit under Title VII, 42 U.S.C. § 1981, and Section 296 of the New York Executive Law against defendants Coca Cola Bottling Company of New York ("Coke New York") and Coca Cola Enterprises, Inc. ("CCE") in the U.S. District Court for the Southern District of New York, White Plains Division. The plaintiffs, represented by private counsel, asked the court for compensatory and punitive damages as well as injunctive relief, claiming that Coke New York and CCE had engaged in a practice of discriminating against African-American and Hispanic production workers in terms of their work assignments, training and discipline. They further alleged that supervisors employed by defendants had subjected African-American and Hispanic employees to a hostile work environment on the basis of their race and/or national origin.

On January 16, 2001, the defendants moved to dismiss the case pursuant to Rule 12(B)(6) of Federal Rules of Civil Procedure. On June 25, 2001, the district court (Judge Colleen McMahon) denied the motion to dismiss, but declined to grant defendant's motion in opposition to class certification. On September 6, 2001, the district court dismissed the case because of a private settlement, finding that because the case was at a nascent and preliminary stage with no class having been certified, and that no notice had been previously been given to the members of the putative class no fairness hearing was required.

Summary Authors

Kunyi Zhang (8/28/2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11152683/parties/ewing-v-coca-cola-bottling/


Judge(s)
Attorney for Plaintiff

Cuti, John R. (New York)

Attorney for Defendant

Grubbs, Shelby R. (Tennessee)

Halpern, Philip Morgan (New York)

Harvey, Bradford G. (Tennessee)

Lee, Charles C. (Tennessee)

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Documents in the Clearinghouse

Document

7:00-cv-07020

Docket

Sept. 6, 2001

Sept. 6, 2001

Docket
23

7:00-cv-07020

District Court Opinion

June 26, 2001

June 26, 2001

Order/Opinion

2001 WL 2001

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11152683/ewing-v-coca-cola-bottling/

Last updated Feb. 7, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 384822. (pmo) (Entered: 09/20/2000)

Sept. 19, 2000

Sept. 19, 2000

PACER

Magistrate Judge Smith is so Designated. (pmo)

Sept. 19, 2000

Sept. 19, 2000

PACER
2

ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: Ordered as Follows: 1. Counsel receiving this order shall promptly mail copies hereof to all other counsel of record or, in the case of parties for which no appearance has been made, to such parties; 2. Counsel for all parties are directed to confer regarding an agreed scheduling order. If counsel are able to agree on a schedule and the agreed schedule calls for filing of the pretrial order not more than six(6) months from the date of this order, counsel shall sign and file within forty-five(45) days from the date hereof a consent order in the form annexed for consideration by the COurt. The trial ready date shall be left blank. If such a consent order is not filed within the time provided, a conference will be held on 11/20/00 in courtroom 521, 300 Quarropas Street, White Plains, NY at 9:00 a.m.; 3. Any party desiring a conference with the COurt for purposes of discussing settlement, narrowing of issues, or other pertinent pretrial matters may request a conference by letter; 4. Parties are to follow the attached individual practice rules; So ordered: ( signed by Judge Colleen McMahon ); Copies mailed. (pf) (Entered: 09/25/2000)

Sept. 21, 2000

Sept. 21, 2000

PACER
3

RETURN OF SERVICE executed as to Coca Cola Bottling, Coca Cola Enterprise by Christopher Warner on 10/11/00 . Answer due on 10/31/00 for Coca Cola Bottling, for Coca Cola Enterprise . Served Summons and Complaint on both dfts by leaving with Sue Nichols at 80 State St. Albany, NY (pf) (Entered: 10/19/2000)

Oct. 18, 2000

Oct. 18, 2000

PACER
4

Letter filed by Coca Cola Bottling, Coca Cola Enterprise addressed to Judge McMahon from Philip Halpern, dated 11/01/00, re: Advice to the Court that the Law Firm of Gollier, Halpern, Newberg, Nolletti & Bock LLP has been retained by deft's in this action.. (fk) (Entered: 11/03/2000)

Nov. 3, 2000

Nov. 3, 2000

PACER
5

NOTICE OF MOTION by Coca Cola Bottling, Coca Cola Enterprise for Bradford G. Harvey to appear pro hac vice . Return date 11/30/00. *Check in vault* (pf) (Entered: 11/14/2000)

Nov. 14, 2000

Nov. 14, 2000

PACER
6

NOTICE OF MOTION by Coca Cola Bottling, Coca Cola Enterprise for Charles C. Lee to appear pro hac vice . Return date 11/30/00. *Check is in vault* (pf) (Entered: 11/14/2000)

Nov. 14, 2000

Nov. 14, 2000

PACER
7

NOTICE OF MOTION by Coca Cola Bottling, Coca Cola Enterprise for Karen M. Smith to appear pro hac vice . Return date 11/30/00. (pf) (Entered: 11/14/2000)

Nov. 14, 2000

Nov. 14, 2000

PACER
8

NOTICE OF MOTION by Coca Cola Enterprise to dismiss . Return date 12/4/00. (pf) (Entered: 11/17/2000)

Nov. 16, 2000

Nov. 16, 2000

PACER
9

NOTICE OF MOTION by Coca Cola Bottling to dismiss . Return date 12/4/00. (pf) (Entered: 11/17/2000)

Nov. 16, 2000

Nov. 16, 2000

PACER
10

MEMORANDUM OF LAW by Coca Cola Bottling in support of [9-1] motion to dismiss . (pf) (Entered: 11/17/2000)

Nov. 16, 2000

Nov. 16, 2000

PACER
11

MEMORANDUM OF LAW by Coca Cola Enterprise in support of [8-1] motion to dismiss . (pf) (Entered: 11/17/2000)

Nov. 16, 2000

Nov. 16, 2000

PACER

ORDER granting [7-1] motion for Karen M. Smith to appear pro hac vice Paid $25.00 fee receipt. #382389 ( signed by Judge Colleen McMahon ); Copies mailed. (ll)

Nov. 16, 2000

Nov. 16, 2000

PACER

ORDER granting [5-1] motion for Bradford G. Harvey to appear pro hac vice Paid $25.00 fee receipt #382386 ( signed by Judge Colleen McMahon ); Copies mailed. (ll)

Nov. 16, 2000

Nov. 16, 2000

PACER

ORDER granting [6-1] motion for Charles C. Lee to appear pro hac vice Paid $25.00 fee receipt #382385 ( signed by Judge Colleen McMahon ); Copies mailed. (ll)

Nov. 16, 2000

Nov. 16, 2000

PACER
12

RULE 1.9 CERTIFICATE filed by Coca Cola Bottling, Coca Cola Enterprise . (pf) (Entered: 11/21/2000)

Nov. 21, 2000

Nov. 21, 2000

PACER
13

AMENDED COMPLAINT by William Ewing, Michael Hamlett, John Johnson, Marcus Garvin (Answer due 1/9/01 for Coca Cola Enterprise, for Coca Cola Bottling ) amending [1-1] complaint ; Summons issued. (pf) (Entered: 12/28/2000)

Dec. 27, 2000

Dec. 27, 2000

PACER
14

Memo-Endorsement on letter addressed to USDJ McMahon from Philip M. Halpern, dated January 3, 2001. Re: dfts intend to file a new motion to dismiss...ENDORSMENT: Granted. So Ordered: ( signed by Judge Colleen McMahon ); Copies mailed. (pf) (Entered: 01/09/2001)

Jan. 8, 2001

Jan. 8, 2001

PACER
15

NOTICE OF MOTION by Coca Cola Enterprise to dismiss complaint pursuant to Rule 12(b)(1) F.R.Cv.P. . (kz) (Entered: 01/16/2001)

Jan. 16, 2001

Jan. 16, 2001

PACER
16

DEFENDANT COCA-COLA ENTERPRISES INC'S MEMORANDUM OF LAW IN SUPPORT by Coca Cola Enterprise in support of [15-1] motion to dismiss complaint pursuant to Rule 12(b)(1) F.R.Cv.P. . (kz) (Entered: 01/16/2001)

Jan. 16, 2001

Jan. 16, 2001

PACER
17

NOTICE OF MOTION by Coca Cola Bottling to dismiss complaint pursuant to Rule 12(b)(6) of F.R.Cv.P. . Return date 8/6/97. (kz) (Entered: 01/16/2001)

Jan. 16, 2001

Jan. 16, 2001

PACER
18

DEFENDANT COCA-COLA BOTTLING COMPANY OF NEW YORK, INC'S MEMORANDUM OF LAW IN SUPPORT by Coca Cola Bottling in support of [17-1] motion to dismiss complaint pursuant to Rule 12(b)(6) of F.R.Cv.P. . (kz) (Entered: 01/16/2001)

Jan. 16, 2001

Jan. 16, 2001

PACER
19

MEMORANDUM OF LAW by William Ewing, Michael Hamlett, John Johnson, Marcus Garvin in opposition to [17-1] motion to dismiss complaint pursuant to Rule 12(b)(6) of F.R.Cv.P. . (pf) (Entered: 02/08/2001)

Feb. 7, 2001

Feb. 7, 2001

PACER
20

MEMORANDUM OF LAW by William Ewing, Michael Hamlett, John Johnson, Marcus Garvin in opposition to [15-1] motion to dismiss complaint pursuant to Rule 12(b)(1) F.R.Cv.P. . (pf) (Entered: 02/08/2001)

Feb. 7, 2001

Feb. 7, 2001

PACER
21

REPLY by Coca Cola Bottling, Coca Cola Enterprise Re: [17-1] motion to dismiss complaint pursuant to Rule 12(b)(6) of F.R.Cv.P. (ll) (Entered: 02/16/2001)

Feb. 16, 2001

Feb. 16, 2001

PACER
22

REPLY by Coca Cola Bottling, Coca Cola Enterprise Re: [20-1] opposition memorandum (ll) (Entered: 02/16/2001)

Feb. 16, 2001

Feb. 16, 2001

PACER
23

DECSISION ON DEFENDANTS' MOTIONS TO DISMISS; denying [17-1] motion to dismiss complaint pursuant to Rule 12(b)(6) of F.R.Cv.P., denying [15-1] motion to dismiss complaint pursuant to Rule 12(b)(1) F.R.Cv.P., denying [9-1] motion to dismiss, denying [8-1] motion to dismiss. I cannot dismiss the complaint as against CCE for failure to state a claim - even though I recognize that plaintiffs must meet an extraordinarily high standard of proof in order to avoid a properly documented Summary Judgment Motion. Accordingly, CCE and Coke New York's Motions to dismiss are denied. ( signed by Judge Colleen McMahon ); Copies mailed. (dc) (Entered: 07/03/2001)

June 26, 2001

June 26, 2001

Clearinghouse
24

CALENDAR NOTICE: Please taken notice that the above captioned matter has been scheduled for Pre-trial conference before the Hon. Colleen McMahon, USDJ, on Friday, July 20, 2001 at 11:45 a.m. in courtroom 521 at the U.S. District Courthouse, 300 Quarropas Street White Plains, NY. Any scheduling difficulties must be brought to the attention of the Court in writing. So Ordered: ( signed by Judge Colleen McMahon ); Copies mailed. (pf) (Entered: 07/03/2001)

June 29, 2001

June 29, 2001

PACER
25

ANSWER TO THE AMENDED COMPLAINT by Coca Cola Bottling (Attorney Philip M. Halpern from the Firm: Collier, Halpern, Newberg, Nol). (pf) (Entered: 07/18/2001)

July 17, 2001

July 17, 2001

PACER
26

ANSWER TO THE AMENDED COMPLAINT by Coca Cola Enterprise (Attorney Philip M. Halpern from the Firm: Collier,Halpern,Newberg,Nollet). (pf) (Entered: 07/18/2001)

July 17, 2001

July 17, 2001

PACER
28

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Any and All Discovery Disputes & Settlement Conference. Referred to Magistrate Judge Lisa M. Smith. SO ORDERED: ( signed by Judge Colleen McMahon ) (dc) (Entered: 07/25/2001)

July 20, 2001

July 20, 2001

PACER
29

Case Management Plan in a Standard or Complex Case: This case is to be tried to a jury; Plaintiff will file a second amended complaint, adding two named plaintiffs, by July 25, 2001. Defendant will have until 08/01/01 to answer the second amended complaint. No further amendment of the pleadings will be allowed; Class discovery will be concluded by 08/20/01; Motion for class certification is to be filed on or before 09/07/01; Deft's response is due on 09/21/01,and Plaintiff's reply on 09/28; A joint pretrial order in the form prescribed by Judge McMahon's individual rules, together with all other pretrial submissions required by those rules, shall be submitted on or before 01/11/02; Responses to in limine motions, if any are due 01/18/02; The scheduling Order will not be altered or amended for any reason. SO ORDERED: ( signed by Judge Colleen McMahon ); Copies mailed. (dc) (Entered: 07/25/2001)

July 20, 2001

July 20, 2001

PACER
27

NOTICE OF MOTION by Coca Cola Bottling, Coca Cola Enterprise for Shelby R- Grubbs to appear pro hac vice . Return date 1/25/01. (ll) (Entered: 07/25/2001)

July 23, 2001

July 23, 2001

PACER
30

SECOND AMENDED COMPLAINT by William Ewing, Michael Hamlett, John Johnson, Marcus Garvin (Answer due 10/31/00 amending [13-1] amended complaint against Clarence Cavness, Edward Quinoy; Second Amended Summons issued. Jury Trial Demanded. (dc) (Entered: 07/27/2001)

July 24, 2001

July 24, 2001

PACER

Memo endorsed on motion; granting [27-1] motion for Shelby R- Grubbs to appear pro hac vice. ENDORSED: The Motion is Granted. $25.00 Fee Paid. Receipt# E406019. ( signed by Judge Colleen McMahon ); Copies mailed. (dc)

July 26, 2001

July 26, 2001

PACER
31

ANSWER TO THE SECOND AMENDED COMPLAINT by Coca Cola Bottling (Attorney Philip M. Halpern from the Firm: Colier, Halpern, Newburg, Noll). (pf) (Entered: 08/02/2001)

Aug. 1, 2001

Aug. 1, 2001

PACER
32

ANSWER TO THE SECOND AMENDED COMPLAINT by Coca Cola Enterprise (Attorney Philip M. Halpern from the Firm: Colier, Halpern, Newburg, Noll). (pf) (Entered: 08/02/2001)

Aug. 1, 2001

Aug. 1, 2001

PACER
33

AFFIDAVIT OF SERVICE of 2nd Amended S&C as to Coca Cola Bottling, Coca Cola Enterprise by Ian Johnson on 8/1/01 . Answer due on 8/21/01 for Coca Cola Bottling, for Coca Cola Enterprise . (ll) (Entered: 08/07/2001)

Aug. 2, 2001

Aug. 2, 2001

PACER
34

ORDER: It is hereby ORDERED that the settlement and discontinuance is approved; and it is further ORDERED that no notice is necessary to the members of the proposed class, the Court finding that this case is at a mascent and preliminary stage with no class having been certified, that there has been no significant publicity of this litigation, that no notice has previously been given to the members of the putative class, and that there is no evidence of collusion between the parties to the members of the proposed class; and it accordingly further ORDERED that the above referenced matter be, and hereby is, discontinued without prejudice to the members of the proposed class; and it is further ORDERED that the parties will bear their own costs and attorneys fees. SO ORDERED: ( signed by Judge Colleen McMahon ); Copies mailed. (dcr) (Entered: 09/20/2001)

Sept. 6, 2001

Sept. 6, 2001

PACER

Case closed. (dc)

Sept. 6, 2001

Sept. 6, 2001

PACER

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: Sept. 19, 2000

Closing Date: Sept. 6, 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

African-American and Hispanic production employees who had worked at the defendant's facility in Elmsford, New York.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Coca Cola Bottling Co. of New York, Private Entity/Person

Coca Cola Enterprises, Inc. (Atlanta, Georgia), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

State law

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

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Pattern or Practice

Discrimination-area:

Discipline

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Training

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

National Origin/Ethnicity:

Hispanic