On June 27, 1996, former and current female and African American supermarket employees filed a class action against Winn-Dixie Montgomery, Inc. pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et seq. and 42 U.S.C. § 1981 ("§ 1981 "). This action, Kircus v. Winn-Dixie Montgomery, Inc., ("WDM") was brought in the U.S. District Court for the Northern District of Alabama. On October 16, 1996, additional employees moved to intervene. Their motion was denied, but contemporaneously, the District Court ordered it to be filed as a separate action and consolidated with the Kircus action. The consolidated actions alleged that WDM had engaged in a policy, pattern or practice of discrimination on the basis of gender and/or race against the Plaintiffs in initial and subsequent job assignments and store assignments, hours, training, education, skills and career development, performance appraisals, promotions, transfers, full-time status, compensation, discharge, discipline and other benefits and conditions of employment. The consolidated actions further alleged that WDM had engaged in a pattern or practice of harassing and retaliating against female and African-American associates who protested against such alleged conduct.

Following a period of mediation and negotiation, a new complaint was filed in this action in the U.S. District Court for the Middle District of Florida, Jacksonville Division, on July 16, 1999 against Winn-Dixie Stores, Inc. ("WDS") which is located in Jacksonville, Florida and thus subject to that court's jurisdiction; all of the Winn-Dixie retail operating companies also consented to such jurisdiction solely for purposes of the resolution of this action. The complaint filed with the Middle District Court is not available.

In October 1997, Plaintiffs and WDM began Court-ordered mediation These efforts ultimately resulted in an agreement to expand and to settle this action in the District Court for the Middle District of Florida, Jacksonville Division.

On January 27, 2000, the Court (Judge Ralph W. Nimmons, Jr.) approved a Consent Decree which provided monetary, equitable, and/or declaratory relief to certain qualifying Class Representatives, as well as general injunctive relief.

On February 23, 2007, the Court (Judge Virginia M. Hernandez) issued an Order granting a joint motion to extend the Consent Decree. On June 27, 2007, Judge Hernandez approved an Amended Consent Decree to extend the terms of that initial settlement.

Robert Routh - 07/20/2010


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