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Case Name
Ewing v. Coca Cola Bottling Co. of New York, Inc.
EE-NY-0218
Docket / Court
00 CIV. 7020(CM) ( S.D.N.Y. )
State/Territory
New York
Case Type(s)
Equal Employment
Special Collection
Private Employment Class Actions
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 ...
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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.
Kunyi Zhang - 08/28/2010
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Issues and Causes of Action
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Issues
Discrimination-area
Discipline
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Training
Discrimination-basis
National origin discrimination
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Pattern or Practice
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action
Title VII (including PDA), 42 U.S.C. § 2000e
State law
42 U.S.C. § 1981
Case Details
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Defendant(s)
COCA COLA BOTTLING COMPANY OF NEW YORK, INC.
COCA COLA ENTERPRISES, INC.
Plaintiff Description
Plaintiffs were African-American and Hispanic production employees who had worked at the defendants facility in Elmsford, New York.
Class action status sought
Yes
Class action status granted
No
Filed Pro Se
No
Prevailing Party
Mixed
Public Int. Lawyer
Unknown
Nature of Relief
Injunction / Injunctive-like Settlement
Source of Relief
Settlement
Form of Settlement
Private Settlement Agreement
Filed
09/19/2000
Case Closing Year
2001
Case Ongoing
No
Documents
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Court
Docket(s)
S.D.N.Y.
09/06/2001
7:00CV07020
EE-NY-0218-9000.pdf
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Detail
Source: Westlaw
General Documents
S.D.N.Y.
06/25/2001
District Court Opinion
(2001 WL 767070 / 2001 U.S.Dist.LEXIS 8849)
EE-NY-0218-0001.pdf
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WESTLAW
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LEXIS
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Detail
Source: Westlaw
People
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Judges
McMahon, Colleen
(S.D.N.Y.)
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EE-NY-0218-0001 | EE-NY-0218-9000
Plaintiff's Lawyers
Cuti, John R.
(New York)
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EE-NY-0218-9000
Defendant's Lawyers
Grubbs, Shelby R.
(Tennessee)
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EE-NY-0218-9000
Halpern, Philip Morgan
(New York)
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EE-NY-0218-9000
Harvey, Bradford G.
(Tennessee)
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EE-NY-0218-9000
Lee, Charles C.
(Tennessee)
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EE-NY-0218-9000
Smith, Karen M.
(Tennessee)
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EE-NY-0218-9000
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