Case: Tucker v. Union Underwear Co., Inc.

1:89-cv-00141 | U.S. District Court for the Western District of Kentucky

Filed Date: Nov. 9, 1989

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Case Summary

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People


Judge(s)

Gambill, C. Cleveland (Kentucky)

Heyburn, John Gilpin II (Kentucky)

Attorney for Plaintiff

Bertram, Robert L. (Kentucky)

Attorney for Defendant

Bachert, Scott A. (Kentucky)

Harned, Norman E. (Kentucky)

Judge(s)

Gambill, C. Cleveland (Kentucky)

Heyburn, John Gilpin II (Kentucky)

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Documents in the Clearinghouse

Document

1:89-cv-00141

Docket

Tucker v. Union Underwear Co.

Dec. 10, 1998

Dec. 10, 1998

Docket

1:89-cv-00141

Memorandum Opinion

Nov. 3, 1992

Nov. 3, 1992

Order/Opinion

144 F.R.D. 144

Docket

Last updated March 25, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Summons(es) issued) filing fee pd − receipt # 27473 (CSD) (Entered: 01/13/1993)

Nov. 9, 1989

Nov. 9, 1989

3

AMENDED COMPLAINT [1 − 1] by plaintiff Donna Tucker (CSD) (Entered: 01/13/1993)

Jan. 19, 1990

Jan. 19, 1990

13

ANSWER by defendant Union Underwear Co. to [3 − 1], to [1 − 1] (CSD) (Entered: 01/13/1993)

June 21, 1990

June 21, 1990

20

SCHEDULING ORDER Mag Judge Maxey B. Harlin III ; Discovery to be compl by 6/20/92 ; Amendments by 6/22/92 ; Dispositive mtn ddl by 6/22/92 (cc: all counsel) (CSD) (Entered: 01/13/1993)

Dec. 21, 1990

Dec. 21, 1990

22

MOTION by plaintiff Donna Tucker to certify class action ; Memorandum in Support; order tendered (CSD) (Entered: 01/13/1993)

Jan. 22, 1991

Jan. 22, 1991

BEGIN VOLUME # II with docket #54 (DIM) (Entered: 06/16/1995)

Nov. 4, 1992

Nov. 4, 1992

56

ORDER by Judge John G. Heyburn II granting motion to certify class action [22 − 1] (cc: all counsel) (CSD) (Entered: 01/13/1993)

Nov. 4, 1992

Nov. 4, 1992

57

MOTION by defendant Union Underwear Co. to alter, vacate or amend order of 11/4/92 (CSD) (Entered: 01/13/1993)

Nov. 19, 1992

Nov. 19, 1992

58

MEMORANDUM by defendant Union Underwear Co. in support of motion to alter, vacate or amend order of 11/4/92 [57 − 1] (CSD) (Entered: 01/13/1993)

Nov. 19, 1992

Nov. 19, 1992

59

RESPONSE by plaintiff Donna Tucker to motion to alter, vacate or amend order of 11/4/92 [57 − 1] (CSD) (Entered: 01/13/1993)

Dec. 7, 1992

Dec. 7, 1992

60

REPLY by defendant to pla's response to motion to alter, vacate or amend order of 11/4/92 [57 − 1] (DIM) (Entered: 02/09/1993)

Dec. 18, 1992

Dec. 18, 1992

61

MOTION by defendant for summary judgment ; order tendered (DIM) (Entered: 02/09/1993)

Jan. 8, 1993

Jan. 8, 1993

62

MEMORANDUM by defendant in support of motion for summary judgment [61 − 1] (DIM) (Entered: 02/09/1993)

Jan. 8, 1993

Jan. 8, 1993

63

MOTION by plaintiff for summary judgment ; order tendered (DIM) (Entered: 02/09/1993)

Jan. 25, 1993

Jan. 25, 1993

64

MEMORANDUM by plaintiff in support of motion for summary judgment [63 − 1] (DIM) (Entered: 02/09/1993)

Jan. 25, 1993

Jan. 25, 1993

FILE SUBMITTED to JGH (FCE) (Entered: 02/17/1993)

Feb. 12, 1993

Feb. 12, 1993

66

ORDER by Judge John G. Heyburn II granting motion for extension of time to respond to pla's mo for sum jgm. to and including 2/22/93 [65 − 1] (cc: all counsel) (DIM) (Entered: 02/22/1993)

Feb. 19, 1993

Feb. 19, 1993

67

REPLY by defendant to response to dft's motion for summary judgment [61 − 1], Response in Opposition to pla's motion for summary judgment [63 − 1] (DIM) (Entered: 02/23/1993)

Feb. 22, 1993

Feb. 22, 1993

68

REPLY by plaintiff to response to motion for summary judgment [63 − 1] (DIM) (Entered: 03/05/1993)

March 5, 1993

March 5, 1993

69

ORDER by Judge John G. Heyburn II ; a telephonic pretrial conference is set for 7/13/93 at 9:30 a.m. prevailing Louisville time. Usual pt compliances apply (cc: all counsel) (DIM) (Entered: 06/08/1993)

June 8, 1993

June 8, 1993

70

MOTION of Brenda Sutton and Debby Marlene Catron for order allowing them to Intervene as Additional named Representatives of the Class ; order tendered (DIM) (Entered: 07/09/1993)

July 6, 1993

July 6, 1993

71

MOTION by defendant for a pretrial conference ; order tendered (DIM) (Entered: 07/09/1993)

July 8, 1993

July 8, 1993

72

MOTION by defendant to limit communication between pla's counsel and certain class members ; Memorandum in Support; order tendered (DIM) (Entered: 07/09/1993)

July 9, 1993

July 9, 1993

73

MOTION by plaintiff Donna Tucker to compel discovery ; Memorandum in Support; order tendered (DIM) (Entered: 07/16/1993)

July 12, 1993

July 12, 1993

74

ORDER by Judge John G. Heyburn II finding the motion for a pretrial conference [71 − 1] moot., held in abeyance on the motion for order allowing them to Intervene as Additional named Representatives of the Class [70 − 1], denying motion for summary judgment [63 − 1], denying motion for summary judgment [61 − 1], denying motion to alter, vacate or amend order of 11/4/92 [57 − 1] Case referred − to William F. Dolson, 3103 Springcrest Drive, Louisville, Kentucky 40241 as Mediator. (cc: all counsel) (FCE) (Entered: 07/16/1993)

July 16, 1993

July 16, 1993

75

MOTION by plaintiff Donna Tucker for order prohibiting deft. from extracting releases from class members , and for order declaring void any purported releases obtained by deft. as prerequisite to settlement of individual class members workers comp. claims , and for order prohibiting deft and deft attorneys from communicating w/class members , and for order requiring defts. to pay for notice to class members ; Memorandum in Support; exhibit attached; order tendered (FCE) (Entered: 07/21/1993)

July 19, 1993

July 19, 1993

76

RESPONSE by plaintiff to motion to limit communication between pla's counsel and certain class members [72 − 1] ; (DIM) (Entered: 07/22/1993)

July 22, 1993

July 22, 1993

77

RESPONSE by defendant to motion for order prohibiting deft. from extracting releases from class members [75 − 1] ; order tendered (DIM) (Entered: 08/03/1993)

Aug. 3, 1993

Aug. 3, 1993

78

RESPONSE by defendant to motion for order requiring defts. to pay for notice to class members [75 − 4] ; order tendered (DIM) (Entered: 08/03/1993)

Aug. 3, 1993

Aug. 3, 1993

79

MOTION by defendant to strike pla s motions tendered 7/16/93 ; order tendered (DIM) (Entered: 08/03/1993)

Aug. 3, 1993

Aug. 3, 1993

80

RESPONSE by defendant to motion for order prohibiting deft and deft attorneys from communicating w/class members [75 − 3] ; order tendered (DIM) (Entered: 08/03/1993)

Aug. 3, 1993

Aug. 3, 1993

81

REPLY by defendant to response to motion for order prohibiting deft and deft attorneys from communicating w/class members [75 − 3] (DIM) (Entered: 08/03/1993)

Aug. 3, 1993

Aug. 3, 1993

83

ORDER by Judge John G. Heyburn II denying motion for order prohibiting deft and deft attorneys from communicating w/class members [75 − 3] (cc: all counsel) (DIM) (Entered: 08/23/1993)

Aug. 23, 1993

Aug. 23, 1993

REMARK − pleadings #82 and #83 returned to Louisville to be put in file (DIM) (Entered: 08/23/1993)

Aug. 23, 1993

Aug. 23, 1993

84

ORDER by Judge John G. Heyburn II denying as moot the motion for order prohibiting deft. from extracting releases from class members [75 − 1], denying motion for order declaring void any purported releases obtained by deft. as prerequisite to settlement of individual class members workers comp. claims [75 − 2], denying motion for order prohibiting deft and deft attorneys from communicating w/class members [75 − 3] (cc: all counsel) (DIM) (Entered: 08/31/1993)

Aug. 31, 1993

Aug. 31, 1993

85

MEMORANDUM REGARDING SETTLEMENT PROPOSAL FILED by plaintiff Donna Tucker (DIM) (Entered: 11/01/1993)

Oct. 29, 1993

Oct. 29, 1993

REMARK − Pleading #85 forwarded to JGH (DIM) (Entered: 11/02/1993)

Nov. 2, 1993

Nov. 2, 1993

86

ORDER by Judge John G. Heyburn II finding the motion for order allowing them to Intervene as Additional named Representatives of the Class [70 − 1] moot., finding the motion to compel discovery [73 − 1] moot., finding the motion for order requiring defts. to pay for notice to class members [75 − 4] moot. The parties may resubmit any such motions for the Ct's consideration by notice to the Court. (cc: all counsel) (DIM) (Entered: 03/24/1994)

March 24, 1994

March 24, 1994

REMARK − Dkt #86 forwarded to JGH to go in file. (MLL) (Entered: 03/25/1994)

March 25, 1994

March 25, 1994

FILE/DOCUMENT RETURNED to BG (FCE) (Entered: 07/12/1994)

July 12, 1994

July 12, 1994

87

ORDER by Judge John G. Heyburn II; settlement conf and pretrial conf set for 9:00 a.m. in Bowling Green 10/24/94 (cc: all counsel) (DIM) (Entered: 08/09/1994)

Aug. 9, 1994

Aug. 9, 1994

88

MOTION by plaintiff for order resheduling pre − trial conference ; order tendered (DIM) (Entered: 08/15/1994)

Aug. 15, 1994

Aug. 15, 1994

89

RESPONSE by defendant Union Underwear Co. to motion for order resheduling pre − trial conference [88 − 1] ; order tendered (MLL) (Entered: 08/19/1994)

Aug. 18, 1994

Aug. 18, 1994

DOCKET ADJUSTMENT (Utility) finding the motion for order resheduling pre − trial conference [88 − 1] moot date is no longer a conflict.. (FCE) (Entered: 08/19/1994)

Aug. 19, 1994

Aug. 19, 1994

FILE/DOCUMENT SUBMITTED to JGH (DIM) (Entered: 08/30/1994)

Aug. 23, 1994

Aug. 23, 1994

90

MOTION by plaintiff Donna Tucker to withdraw motion to reschedule pre − trial conf ; Memorandum in Support; order tendered (MLL) (Entered: 08/25/1994)

Aug. 24, 1994

Aug. 24, 1994

DOCUMENT No. 90 SUBMITTED to Trayce (DIM) (Entered: 09/02/1994)

Sept. 2, 1994

Sept. 2, 1994

91

ORDER by Judge John G. Heyburn II re [87 − 1]; dft shall have present at the settlement conference set on 10/24/94 executives of the company who have full authority to resolve the issues presented by this case. (cc: all counsel) (DIM) (Entered: 09/07/1994)

Sept. 7, 1994

Sept. 7, 1994

DOCKET ADJUSTMENT (Utility) granting motion to withdraw motion to reschedule pre − trial conf [90 − 1] (FCE) (Entered: 09/13/1994)

Sept. 13, 1994

Sept. 13, 1994

92

ORDER by Judge John G. Heyburn II ; settlement conf set for 1:00 10/21/94 , in Louisville, Kentucky, prevailing Louisville time ; before Judge John G. Heyburn II (cc: all counsel) (FCE) (Entered: 10/03/1994)

Oct. 3, 1994

Oct. 3, 1994

FILE/DOCUMENT SUBMITTED to JGH (MLL) (Entered: 10/04/1994)

Oct. 4, 1994

Oct. 4, 1994

93

ORDER by Judge John G. Heyburn II: A ptc was held on 10/21/94; the parties concluded an agreement which will resolve case; parties shall advise Ct as soon as a final settlement agreement is concluded for approval thereof and any other matters necessary to resolve case. (cc: all counsel) (DIM) (Entered: 11/08/1994)

Nov. 3, 1994

Nov. 3, 1994

94

MOTION by plaintiff Donna Tucker to set aside order [74 − 2] ; order tendered (DIM) (Entered: 11/15/1994)

Nov. 14, 1994

Nov. 14, 1994

95

MOTION by plaintiff and defendant for order for approval of agreement of settling class action ; Agreement and order tendered (DIM) (Entered: 11/22/1994)

Nov. 22, 1994

Nov. 22, 1994

FILE/DOCUMENT SUBMITTED to JGH (MLL) (Entered: 11/22/1994)

Nov. 22, 1994

Nov. 22, 1994

96

RESPONSE by defendant to motion to set aside order [74 − 2] [94 − 1] ; order tendered (DIM) (Entered: 12/07/1994)

Dec. 6, 1994

Dec. 6, 1994

97

RESPONSE by defendant to motion for order for approval of agreement of settling class action [95 − 1]; (DIM) (Entered: 12/07/1994)

Dec. 6, 1994

Dec. 6, 1994

REMARK − Dkt #96,97 forwarded to JGH (MLL) (Entered: 12/07/1994)

Dec. 7, 1994

Dec. 7, 1994

98

ORDER by Judge John G. Heyburn II denying pla's motion to set aside Ct's prior order as moot. [74 − 2] [94 − 1] (cc: all counsel) (DIM) (Entered: 12/13/1994)

Dec. 13, 1994

Dec. 13, 1994

REMARK − Dkt #98 forwarded to JGH (MLL) (Entered: 12/14/1994)

Dec. 14, 1994

Dec. 14, 1994

99

ORDER by Judge John G. Heyburn II: Case referred to Mag Judge C. C. Gambill for the purpose of conducting a fairness hearing pursuant to 28:636(b)(1)(A). (cc: all counsel) (DIM) (Entered: 01/11/1995)

Jan. 11, 1995

Jan. 11, 1995

100

MOTION by plaintiff for order regarding class notice and fairness hearing ; Memorandum in Support; order tendered; ALSO RECEIVED − OFFICIAL COURT NOTICE re date of hearing and time to be sent out to class representatives. (DIM) (Entered: 02/02/1995)

Feb. 2, 1995

Feb. 2, 1995

FILE SUBMITTED to CCG: VOL II delivered to Magistrate Judge Gambill's Chambers from Judge Heyburn's Chambers on unknown date. (FCE) (Entered: 02/08/1995)

Feb. 8, 1995

Feb. 8, 1995

101

MOTION by plaintiff Donna Tucker for order for approval of criteria for qualification, payout and distribution of fund ; Memorandum in Support; order tendered (DIM) (Entered: 02/08/1995)

Feb. 8, 1995

Feb. 8, 1995

102

MOTION by defendant for order to set fairness hearing ; notice of proposed class settlement and order tendered (DIM) (Entered: 02/09/1995)

Feb. 9, 1995

Feb. 9, 1995

DOCUMENT #101,102 SUBMITTED to CCG (DIM) Modified on 02/10/1995 (Entered: 02/10/1995)

Feb. 10, 1995

Feb. 10, 1995

103

RESPONSE by defendant to motion for order regarding class notice and fairness hearing [100 − 1] ; order tendered (DIM) (Entered: 02/21/1995)

Feb. 17, 1995

Feb. 17, 1995

DOCUMENT #103 SUBMITTED to CCG (MLL) (Entered: 02/22/1995)

Feb. 22, 1995

Feb. 22, 1995

104

RESPONSE by defendant Union Underwear Co. to motion for order for approval of criteria for qualification, payout and distribution of fund [101 − 1] ; order tendered (MLL) (Entered: 02/24/1995)

Feb. 22, 1995

Feb. 22, 1995

DOCUMENT #104 SUBMITTED to CCG (MLL) (Entered: 02/27/1995)

Feb. 27, 1995

Feb. 27, 1995

105

ORDER by Mag Judge C. C. Gambill: A conference was held on 2/21/95; parties shall file a proposed notice no later than 4:30 p.m. on 2/24/95; telephonic conference set for 12:00 p.m. on 2/24/95 at which time a fairness hearing will be scheduled. (cc: all counsel) (DIM) (Entered: 02/27/1995)

Feb. 27, 1995

Feb. 27, 1995

106

ORDER by Judge John G. Heyburn II granting motion for order to set fairness hearing [102 − 1], granting motion for order regarding class notice and fairness hearing [100 − 1] ; in − court hearing set for 9:00 4/13/95 before Judge John G. Heyburn II Pla. at expense of the dft., shall cause the notice to be published, once each week during each of the three weeks immediately preceding 4/3/95. (cc: all counsel) (PAC) (Entered: 02/28/1995)

Feb. 28, 1995

Feb. 28, 1995

107

NOTICE of proposed settlement agreement and Notice of fairness hearing set on 4/13/95 at 9:00 a.m. in BG (cc: all counsel) (DIM) (Entered: 03/03/1995)

March 3, 1995

March 3, 1995

BEGIN VOLUME # III (DIM) (Entered: 06/16/1995)

March 4, 1995

March 4, 1995

108

ORDER by Mag Judge C. C. Gambill ; this matter having been referred to USMJ, a conference was held 2/24/95; discussions having been held, by agreement of the parties, fairness hearing set for 9:00 4/13/95 before Mag Judge C. C. Gambill in Bowling Green, KY (cc: all counsel) (MLG) (Entered: 03/06/1995)

March 6, 1995

March 6, 1995

109

AMENDED ORDER by Judge John G. Heyburn II re [108 − 2], Paragraph 3 of the Order previously entd on 2/28/95 is amended. (cc: all counsel) (PAC) (Entered: 03/10/1995)

March 10, 1995

March 10, 1995

110

ORDER by Mag Judge C. C. Gambill to correct typographical error in original document. Paragraph VI on page 6 should state that the agreement is for (five (5) years, rather than five (50) years. (cc: all counsel) (PAC) (Entered: 03/14/1995)

March 14, 1995

March 14, 1995

DOCUMENT #105,106,107,109 SUBMITTED to CCG (MLL) (Entered: 03/15/1995)

March 15, 1995

March 15, 1995

111

NOTICE by defendant of mailing notice of proposed settlement agreement and notice of fairness hearing. (SEE Brown Folder for Names of Persons in Class) (DIM) Modified on 03/31/1995 (Entered: 03/23/1995)

March 23, 1995

March 23, 1995

112

SECOND AMENDED ORDER by Judge John G. Heyburn II re [109 − 1]: The amended order entered on 3/10/95 is dissolved; Paragraph 3 of the Order previously entered by this Ct dated 2/28/95 is reinstated to read as follows: Dft UUC, d/b/a FOL, at its own expense, shall mail a copy of the notice to all class members for whom it has addresses. The ntc shall be mailed to each class member's last known address. Dft shall mail said ntcs no later than 21 days prior to the date scheduled for the hearing. Dft shall file with the Ct a lst of all persons to whom it mails said ntc along with a certification showing the date of mailing. (cc: all counsel) (DIM) (Entered: 03/27/1995)

March 27, 1995

March 27, 1995

REMARK: received objection to notice from Deborah K. Kennedy − settlement offer not high enough. (DIM) Modified on 04/04/1995 (Entered: 04/03/1995)

April 3, 1995

April 3, 1995

113

NOTICE of filing attached letter from Brad Clark dated 4/3/95 into evidence by defendant Union Underwear Co. (MLL) (Entered: 04/04/1995)

April 3, 1995

April 3, 1995

DOCUMENT #11,112,113 SUBMITTED to CCG (MLL) (Entered: 04/04/1995)

April 4, 1995

April 4, 1995

REMARK − Received letter from Barbara Wilson in re: Settlement Agreement. (MLL) (Entered: 04/04/1995)

April 4, 1995

April 4, 1995

LETTER to Judge Heyburn from Brad Clark re: proposed settlement agreement. (PAC) (Entered: 04/06/1995)

April 6, 1995

April 6, 1995

114

OBJECTIONS by plaintiff Donna Tucker to letter dated 4/3/95 by Brad Clark being entered into evidence in this action. (MLL) (Entered: 04/14/1995)

April 14, 1995

April 14, 1995

115

ORDER by Mag Judge C. C. Gambill Case called 4/13/95 for fairness hearing; counsel for the parties heard; all parties recommended approval of the settlement agreement; in − court hearing held on 4/13/95 ; action stands submitted. (cc: all counsel) (FCE) (Entered: 04/14/1995)

April 14, 1995

April 14, 1995

REMARK: DN 115 forwarded to Magistrate Judge Gambill. (FCE) (Entered: 04/14/1995)

April 14, 1995

April 14, 1995

DOCUMENT #114 SUBMITTED to CCG (MLL) (Entered: 04/17/1995)

April 17, 1995

April 17, 1995

FILE RETURNED to B.G. (PAC) (Entered: 05/26/1995)

May 26, 1995

May 26, 1995

116

MOTION by plaintiff Donna Tucker for order requiring dft to show cause why they should not be held in contempt for failure to comply with this Court's order dated 2/28/95 ; Memorandum in Support; order tendered (MLL) (Entered:

May 30, 1995

May 30, 1995

118

FINDINGS OF FACT AND CONCLUSIONS OF LAW concerning fairness hearing for relief from unlawful employment discrimination by Mag Judge C. C. Gambill ; objections due ddl set for 6/17/95 (cc: all counsel) (DIM) (Entered: 06/07/1995)

June 5, 1995

June 5, 1995

119

MOTION by plaintiff Donna Tucker for pre − trial conference ; order tendered (MLL) (Entered: 06/08/1995)

June 8, 1995

June 8, 1995

120

JUDGMENT: by Judge John G. Heyburn II granting FINDINGS OF FACT AND CONCLUSIONS OF LAW [118 − 1], granting motion for order for approval of agreement of settling class action [95 − 1] and a consent degree be and is hereby entered by the District Court and terminating action; Ct will retain jurisdiction to decide certain matters as set forth in the Settlement Agreement. ....final judgment...no cause for delay.(cc: all counsel) (DIM) (Entered: 06/21/1995)

June 21, 1995

June 21, 1995

FILE SUBMITTED to JGH for review re consent decree and then to go to CCG on pending motions. (DIM) Modified on 06/21/1995 (Entered: 06/21/1995)

June 21, 1995

June 21, 1995

121

MOTION by plaintiff Donna Tucker for determination of amount of interim attorney fees and costs ; Memorandum in Support; order tendered (MLL) (Entered: 07/13/1995)

July 13, 1995

July 13, 1995

122

AFFIDAVIT of Larry F. Sword w/exhibits A &B (MLL) (Entered: 07/13/1995)

July 13, 1995

July 13, 1995

123

AFFIDAVIT of Robert L. Bertram w/exhibits (MLL) (Entered: 07/13/1995)

July 13, 1995

July 13, 1995

124

AFFIDAVIT of Mark L. Morgan w/exhibit (MLL) (Entered: 07/13/1995)

July 13, 1995

July 13, 1995

125

MOTION by plaintiff Donna Tucker for order of approval of Criteria for Qualificaqtion, Payout and Distribution of Funds ; Memorandum in Support; order tendered (MLL) (Entered: 07/14/1995)

July 14, 1995

July 14, 1995

Case Details

State / Territory: Kentucky

Case Type(s):

Equal Employment

Key Dates

Filing Date: Nov. 9, 1989

Case Details

Available Documents:

Trial Court Docket