University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Waters v. Cook's Pest Control, Inc. EE-AL-0122
Docket / Court 2:07-cv-00394 ( N.D. Ala. )
State/Territory Alabama
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
On February 18, 2007, an African-American individual filed a class action lawsuit in the U.S. District Court for the Northern District of Alabama. Represented by private counsel, the plaintiff sued the defendant Cook's Pest Control under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 198 ... read more >
On February 18, 2007, an African-American individual filed a class action lawsuit in the U.S. District Court for the Northern District of Alabama. Represented by private counsel, the plaintiff sued the defendant Cook's Pest Control under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. The plaintiff alleged that defendant maintained a pattern and practice of discrimination in employment on the basis of race. Specifically, the plaintiff alleged that defendant discouraged African-Americans from applying for jobs with defendant by, among other things, telling them there was no job and requiring that they file applications personally at every office at which they sought employment. The plaintiff sought declaratory judgment, injunctive relief and damages.

On August 8, 2007, the defendant filed motions to dismiss the plaintiffs' complaint for lack of service and the Title VII claims. On January 28, 2008, the district court (Judge L. Scott Coogler) denied the motions.

On June 5, 2008, the defendant filed a motion for summary judgment, arguing that the named plaintiff failed to failed to make a prima facie case for disparate impact or disparate treatment and failed to show any injury to himself. On December 9, 2008, Judge Coogler denied defendant's motion for summary judgment without prejudice pending further discovery.

Over the next several years, extensive discovery was conducted. In December of 2010, the court stayed the case temporarily as the parties sought mediation. In October of 2011 the parties reached a settlement. Under the terms of the proposed settlement agreement, the defendant agreed to set up a settlement fund of $2,500,000 and to bear the costs of administering the payment of the class members' claims. It also agreed to establish and implement a race-neutral, anti-discrimination hiring policy with the help of a monitor, to train employees in the policy, and to keep records of the race of applicants and hires and the reason hiring decisions were made. The settlement was to last three years, with a possible extension of up to one additional year if necessary to resolve challenges still pending with the monitor.

On January 27, 2012, Judge Coogler preliminarily approved the settlement and certified the class for the purposes of the settlement. The class is defined as: All African-Americans who applied for employment at any Cook’s location from March 1, 2005, through the date of preliminary approval of the settlement, and who were denied employment, excluding all judicial officers or employees of the Federal courts within the second degree of affinity; employees of Plaintiffs’ counsel; and any other person whose presence in the class would cause mandatory recusal of any judge assigned to the case.

On July 17, 2012, the Court approved the parties' settlement agreement and dismissed the case with prejudice, while retaining jurisdiction to enforce the settlement agreement. 2012 WL 2923542.

The named plaintiff was allotted to receive $48,000 for the service to the class. The court ordered the defendant to pay attorney's fees, costs and expenses in the amount of $928,831.55, which is $875,000.00 in attorney's fees and $53,831.55 of expenses.

This case is now closed.

Sarah Precup - 10/15/2015
Susie Choi - 05/16/2017


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Hire
Monitor/Master
Monitoring
Provide antidiscrimination training
Recordkeeping
Training
Discrimination-area
Hiring
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Impact
Disparate Treatment
Pattern or Practice
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action 42 U.S.C. § 1981
Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) Cook's Pest Control, Inc.
Plaintiff Description all African-Americans who applied for employment at any Cook’s location from March 1, 2005, through the date of preliminary approval of the settlement, and who were denied employment, excluding all judicial officers or employees of the Federal courts within the second degree of affinity; employees of Plaintiffs’ counsel; and any other person whose presence in the class would cause mandatory recusal of any judge assigned to the case
Class action status sought Yes
Class action status granted Pending
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Attorneys fees
Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2012 - 2015
Case Closing Year 2015
Case Ongoing No
Additional Resources
click to show/hide detail
  Microsoft Gender Discrimination Class Action Lawsuit
Date: Oct. 14, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Age Discrimination Class Action seeks Fair Employment for Older PwC Applicants
http://www.pwcagecase.com/
Date: Apr. 27, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Smith Barney Gender Discrimination
https://www.lieffcabraser.com/employment/smith-barney/
Date: August 2008
By: Outten & Golden
[ Detail ] [ External Link ]

  Megacases, Diversity, and the Elusive Goal of Workplace Reform
Date: Mar. 1, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
Date: Apr. 1, 2001
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
2:07-cv-00394 (N.D. Ala.)
EE-AL-0122-9000.pdf | Detail
Date: 07/17/2012
Source: PACER [Public Access to Court Electronic Records]
General Documents
First Amended Class Action Complaint [ECF# 3]
EE-AL-0122-0002.pdf | Detail
Date: 07/17/2007
Source: PACER [Public Access to Court Electronic Records]
Memorandum of Opinion and Order [Denying Defendant's Motions to Dismiss] [ECF# 25] (N.D. Ala.)
EE-AL-0122-0003.pdf | Detail
Date: 01/28/2008
Source: PACER [Public Access to Court Electronic Records]
Defendant's Motion for Summary Judgment [ECF# 38]
EE-AL-0122-0004.pdf | Detail
Date: 06/05/2008
Source: PACER [Public Access to Court Electronic Records]
Defendant Cook's Pest Control, Inc.'s Brief in Support of Its Motion for Summary Judgment [ECF# 39] (2008 WL 2899585)
EE-AL-0122-0005.pdf | WESTLAW | Detail
Date: 06/05/2008
Source: PACER [Public Access to Court Electronic Records]
Order [Denying Defendant's Motion for Summary Judgment Without Prejudice] [ECF# 59] (N.D. Ala.)
EE-AL-0122-0006.pdf | Detail
Date: 12/09/2008
Source: PACER [Public Access to Court Electronic Records]
Joint Motion for Preliminary Approval of Settlement Agreement [ECF# 120]
EE-AL-0122-0007.pdf | Detail
Date: 11/03/2011
Source: PACER [Public Access to Court Electronic Records]
Order Preliminarily Approving Settlement and Providing for Notice [ECF# 123] (N.D. Ala.)
EE-AL-0122-0008.pdf | Detail
Date: 01/27/2012
Source: PACER [Public Access to Court Electronic Records]
Defendant's Brief in Support of Approval of Class Settlement [ECF# 129]
EE-AL-0122-0010.pdf | Detail
Date: 05/10/2012
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Brief in Support of Motion for Final Approval of Class Settlement, Attorney Fee Award and Other Relief [ECF# 131]
EE-AL-0122-0009.pdf | Detail
Date: 05/10/2012
Source: PACER [Public Access to Court Electronic Records]
Memorandum of Opinion [ECF# 138] (2012 WL 2923542) (N.D. Ala.)
EE-AL-0122-0011.pdf | WESTLAW | Detail
Date: 07/17/2012
Source: PACER [Public Access to Court Electronic Records]
Consent Decree [ECF# 139]
EE-AL-0122-0012.pdf | Detail
Date: 07/17/2012
Source: PACER [Public Access to Court Electronic Records]
Final Judgment [ECF# 140] (N.D. Ala.)
EE-AL-0122-0013.pdf | Detail
Date: 07/17/2012
Source: PACER [Public Access to Court Electronic Records]
Judges Coogler, L. Scott (N.D. Ala.)
EE-AL-0122-0003 | EE-AL-0122-0006 | EE-AL-0122-0008 | EE-AL-0122-0011 | EE-AL-0122-0012 | EE-AL-0122-0013 | EE-AL-0122-9000
Plaintiff's Lawyers Braxton, Toni J. (Alabama)
EE-AL-0122-0009 | EE-AL-0122-9000
Bronner, Raymond L. (Alabama)
EE-AL-0122-0009 | EE-AL-0122-9000
Campbell, Thomas F. (Alabama)
EE-AL-0122-0002 | EE-AL-0122-0007 | EE-AL-0122-0009 | EE-AL-0122-9000
Childs, Robert F. Jr. (Alabama)
EE-AL-0122-0007
Fisher, Samuel (Alabama)
EE-AL-0122-0002 | EE-AL-0122-0007 | EE-AL-0122-0009 | EE-AL-0122-9000
Hill, Samuel Mark (Alabama)
EE-AL-0122-0002 | EE-AL-0122-0007 | EE-AL-0122-0009 | EE-AL-0122-9000
Defendant's Lawyers Flowers, Ronald W. (Alabama)
EE-AL-0122-0004 | EE-AL-0122-0005 | EE-AL-0122-9000
Greaves, Mac B. (Alabama)
EE-AL-0122-0004 | EE-AL-0122-0005 | EE-AL-0122-0007 | EE-AL-0122-0010 | EE-AL-0122-9000
Middlebrooks, David J. (Alabama)
EE-AL-0122-0007 | EE-AL-0122-0010 | EE-AL-0122-9000
Morton, Dent M. (Alabama)
EE-AL-0122-0007 | EE-AL-0122-0010 | EE-AL-0122-9000
Pittman, Julie W. (Alabama)
EE-AL-0122-0007 | EE-AL-0122-0010 | EE-AL-0122-9000

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