Case: Roberts v. Texaco, Inc.

7:94-cv-02015 | U.S. District Court for the Southern District of New York

Filed Date: March 23, 1994

Closed Date: 2003

Clearinghouse coding complete

Case Summary

On March 23, 1994, an African-American employee of the Texaco Incorporated filed a lawsuit under 42 U.S.C. § 1981, Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et. seq., and Section 296 of the New York Human Rights Law, N.Y. Exec. Law § 296, against Texaco Incorporated in the United States District Court of the Southern District of New York. The plaintiff, represented by private counsel, asked the court for both monetary damages and injunctive relief, alleging that Texaco Incorporated, …

On March 23, 1994, an African-American employee of the Texaco Incorporated filed a lawsuit under 42 U.S.C. § 1981, Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et. seq., and Section 296 of the New York Human Rights Law, N.Y. Exec. Law § 296, against Texaco Incorporated in the United States District Court of the Southern District of New York.

The plaintiff, represented by private counsel, asked the court for both monetary damages and injunctive relief, alleging that Texaco Incorporated, by certain employment policies and practices, engaged in conduct that had a disparate impact upon and abridged the rights of salaried African-American employees of Texaco in promotions, compensation, and the terms and conditions of their employment, including training and job assignments.

On June 30, 1994, the plaintiffs filed an amended complaint, adding claims on behalf additional plaintiffs. On May 15, 1995, the plaintiffs moved for class certification.

In August 1996, plaintiffs moved to add Title VII claims to the Class motion. A right-to-sue letter, containing class allegations, was received from the United States Equal Employment Opportunity Commission ("EEOC"). Relying thereon, plaintiffs' counsel sought to expand the class beyond the scope of the right-to-sue letter. Texaco opposed, noting that it was seeking reconsideration before the EEOC. On September 27, 1996, the court (Judge Brieant) heard counsel and scheduled a hearing for December 6, 1996 on the class certification motions.

On March 21, 1997, the court (Judge Brieant) approved the class settlement. Roberts v. Texaco, Inc. 1997 U.S. Dist. Westlaw 979 F.Supp. 185 (S.D. NY. 1997). In sum, the settlement provided that:

1. Plaintiffs' counsel receive (a) for legal services rendered prior to the entry of judgment a fee award payable out of the escrow fund (and without interest) upon approval by the Court in the amount of $19,154,144.62 (or 5.5 times the lodestar of $3,482,571.75), plus (b) a further payment out of the escrow fund and covering services to be rendered in the aggregate amount of $1,000,000 payable (without interest) over a five-year period in bi-annual installments, or in such other sum as the Court may direct, upon bi-annual application to and approval by the Court. Attorney's fees amounted to twenty-five percent of the $115 million cash settlement, or $28,750,000.

2. Plaintiff Roberts received, in addition to whatever sums she might receive as a member of the Class or otherwise, the sum of $85,000;

3. Plaintiff Chambers received, in addition to whatever sums he might receive as a member of the Class or otherwise, the sum of $50,000;

4. Plaintiffs Williams, Harris, and Hester received, in addition to whatever sums they might receive as a member of the Class or otherwise, the sum of $25,000; and

5. Plaintiff Shinault received, in addition to whatever sums she might receive as a member of the Class or otherwise, the sum of $2,500.

Defendants' stockholders appealed. On September 14, 1999, the 2nd Circuit (Judge Miner) reversed the judgment of the district court and remanded for the entry of judgment denying counsel fees.

On January 8, 2003, the district court order that the court's supervision on the Settlement Agreement be terminated because it had been fulfilled.

Summary Authors

Keri Livingston (4/1/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10319458/parties/roberts-v-texaco-incorporated/


Judge(s)

Brieant, Charles L. Jr. (New York)

Attorney for Plaintiff

Berger, Daniel Lawrence (New York)

Mehri, Cyrus (New York)

Attorney for Defendant

Christensen, Andrea S. (New York)

Expert/Monitor/Master/Other

Grossman, Elizabeth Anne (New York)

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Documents in the Clearinghouse

Document

7:94-cv-02015

Docket

Roberts v. Texas, Inc.

Dec. 4, 2003

Dec. 4, 2003

Docket

EEOC Announces Intervention in Texaco, Inc. Lawsuit

No Court

Nov. 20, 1996

Nov. 20, 1996

Press Release

Statement By EEOC Chairman Gilbert Casellas On Proposed Settlement Agreement With Texaco

No Court

Jan. 3, 1997

Jan. 3, 1997

Press Release
84

7:94-cv-02015

Stipulation and Settlement Agreement

Jan. 23, 1997

Jan. 23, 1997

Settlement Agreement
103

7:94-cv-02015

Memorandum Decision [Ordering Consummation of Settlement Agreement]

March 21, 1997

March 21, 1997

Order/Opinion

1997 U.S.Dist.LEXIS 1997

139

7:94-cv-02015

Order [Granting Adoption of Special Master's Report]

July 29, 1997

July 29, 1997

Order/Opinion

1997 U.S.Dist.LEXIS 1997

144

7:94-cv-02015

Order Directing Payment of Settlement Proceeds to Estates of Deceased Class Members and Other Entities

Aug. 13, 1997

Aug. 13, 1997

Order/Opinion

1997 U.S.Dist.LEXIS 1997

145

7:94-cv-02015

Order [Re: Legal Fees]

Aug. 18, 1997

Aug. 18, 1997

Order/Opinion

1997 U.S.Dist.LEXIS 1997

147

7:94-cv-02015

Memorandum and Order [Re: Attorney's Fees]

Sept. 11, 1997

Sept. 11, 1997

Order/Opinion

979 F.Supp. 979

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10319458/roberts-v-texaco-incorporated/

Last updated Feb. 20, 2024, 3:06 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 $ 120.00 (lm) (Entered: 03/24/1994)

March 23, 1994

March 23, 1994

PACER

It is suggested that the case be classified as complex. Magistrate Judge Fox is so Designated. (lm)

March 23, 1994

March 23, 1994

PACER

**Case classifiction flag (lm)

March 23, 1994

March 23, 1994

PACER
2

Rule 9 certificate filed by Bari-Ellen Roberts, Sil Chambers (lm) (Entered: 03/24/1994)

March 23, 1994

March 23, 1994

PACER
3

ANSWER to Complaint by Texaco Incorporated (Attorney Andrea S. Christensen), ; by attorney Andrea S. Christensen for defendant Texaco Incorporated (ec) (Entered: 04/15/1994)

April 14, 1994

April 14, 1994

PACER
4

Rule 9 certificate filed by Texaco Incorporated (ec) (Entered: 04/15/1994)

April 14, 1994

April 14, 1994

PACER
5

NOTICE of attorney appearance for Bari-Ellen Roberts, Sil Chambers by Daniel L. Berger, Steven B. Singer, Richard T. Sampson, David J. Shaffer (dh) (Entered: 05/04/1994)

May 4, 1994

May 4, 1994

PACER
6

Case Management Plan in a Standard or Complex Case:This case shall be ready for trial four months following the Court's decision onthe class ceertification motion. this case is to be tried to a jury. Joinder of additional parties by June 30, 1994. Amend the pleadings by June 30, 1994. Procedural motions shall be served and filed by Sept. 30, 1994. Discovery:Rule 46(a) interrogatories shall be served by all counsel no later than May 13, 1994, and Rule 46(a) interrogatories related to pltfs' individual claims may be served at the same time. Responses to such interrogatories shall be served within 30 days of service of the interrogatories. First request for production of documents related to class certification issues, shall be served no later than may 13, 1994, and first request for production of documents related to pltfs' individual claims may be served at the same time. Responses to such requests for production of documents shall be served within 30 days of service ofthe document requests. Depositions related to class certification issues shall be completed by Sept. 15, 1994, and depositions related to pltfs' individual claims may be taken during the same time period. Any expert witness on whose testimony a party intends to rely in connection with class certification issues, whether in affidavit form or otherwise, shall be made available for deposition before Sept. 15,1994. All discovery related to class certification issues shall be completed by September 15, 1994. Pltfs shall serve and file their motion to certify a class together with all supporting papers by 5pm on Sept. 30, 1994. Service shall be by hand or by telecopier. Deft. shall serve and file its papers in opposition to class certification by 5pm on Oct. 20, 1994. Service shall be by hand or by telecopier. Pltfs shall serve and file their reply brief in support of class certification, if any, by 5pm on Nov. 4, 1994. Service shall be by hand or by telecopies. Oral argument shall be heard on the class certification motion at 2pm on Nov. 18, 1994. All remaining requests for documents, if any, shall be served no later than two weeks after receipt of the Court's Order determining the class certification issue. Responses to such requests for production of docuemnts shall be served within 30 days of service of the document requests. Any further interrogatories, including expert interrogatories, shall be served no later than two weeks after receipt of the Court's Order determining the class certification issue. Responses to such interrogatories shall be served within 30 days of service of the interrogatories. All remaining depositions shall be completed no later than 90 days after receipt of the Court's Order determining the class certification issue. Dispositive motion are to be served and filed by date to be fixed. Pre-motion conf. are required for any dispositive motions. Opposition papers shall be served and filed thirty (30) calendar days thereafter. Reply papers shall be served and filed fourteen (14) calendar days thereafter. Next Case Management conf. to be fixed. Join pretrial order is not waived. ( signed by Judge Charles L. Brieant ); Copies mailed. (ec) (Entered: 05/16/1994)

May 16, 1994

May 16, 1994

PACER
7

Letter filed dated 6/10/94 to Judge Brieant from Miguel J. Hernandez. (dh) (Entered: 06/14/1994)

June 14, 1994

June 14, 1994

PACER
8

Letter filed dated 6/16/94 to Judge Brieant from Andrea S. Christensen. (dh) (Entered: 06/21/1994)

June 21, 1994

June 21, 1994

PACER
9

REQUEST for Production of Documents by Texaco Incorporated (dh) (Entered: 06/21/1994)

June 21, 1994

June 21, 1994

PACER
10

REQUEST for Production of Documents by Texaco Incorporated (dh) (Entered: 06/21/1994)

June 21, 1994

June 21, 1994

PACER
11

First set of interrogatories filed by Texaco Incorporated (dh) (Entered: 06/21/1994)

June 21, 1994

June 21, 1994

PACER
12

RESPONSE by Texaco Incorporated to Discovery Re: [11-1] interrogatory(s) (dh) (Entered: 06/21/1994)

June 21, 1994

June 21, 1994

PACER
13

ORDER that case be referred to Magistrate Judge Fox for General Pretrial/After initial case management conference held by district judge. ( signed by Judge Charles L. Brieant ) (ec) (Entered: 06/21/1994)

June 21, 1994

June 21, 1994

PACER
14

NOTICE of Change of address and telephone numbers....the firm of Cohen, Milstein, Hausfeld & Toll will relocate its offices to: 1100 New York Avenue, NW, West Tower, Suite 500, Washington, DC 20005-3934, (202) 408-4600 (ec) (Entered: 06/21/1994)

June 21, 1994

June 21, 1994

PACER
15

PROTECTIVE ORDER So Ordered. (see order) ( signed by Magistrate Judge Mark D. Fox ); Copies mailed (cp) (Entered: 06/27/1994)

June 27, 1994

June 27, 1994

PACER
16

AMENDED COMPLAINT by Bari-Ellen Roberts, Sil Chambers, (Answer due 7/13/94 for Texaco Incorporated ) amending [1-1] complaint (dh) (Entered: 07/01/1994)

June 30, 1994

June 30, 1994

PACER
17

NOTICE OF MOTION by Texaco Incorporated for an order pursuant to Rules 12(b)(1) and 12(b) of the FRCP, dismissing the Title VII claims alleged on behalf of a putative class, and remanding to the Equil Employment Opportunity Commission the individual Title VII claims of plaintiffs Bari-Ellen Roberts and Sil Chambers on the grounds set for in the accompanying memorandum of law., Return date 8/1/94 (ll) (Entered: 07/18/1994)

July 15, 1994

July 15, 1994

PACER
18

MEMORANDUM by Texaco Incorporated in support of [17-1] motion for an order pursuant to Rules 12(b)(1) and 12(b) of the FRCP, dismissing the Title VII claims alleged on behalf of a putative class, and remanding to the Equil Employment Opportunity Commission the individual Title VII claims of plaintiffs Bari-Ellen Roberts and Sil Chambers on the grounds set for in the accompanying memorandum of law. (ll) (Entered: 07/18/1994)

July 15, 1994

July 15, 1994

PACER
19

ANSWER to First Amended Complaint by Texaco Incorporated (Attorney ), ; Firm of: Kaye, Scholer by attorney Andrea S. Christensen for defendant Texaco Incorporated (ll) (Entered: 07/18/1994)

July 15, 1994

July 15, 1994

PACER
20

Amended ORDER that case be referred to a Magistrate Judge Fox for General pretrial/Including - Initial Case Management Confernce ( signed by Judge Charles L. Brieant ) (ec) (Entered: 07/25/1994)

July 25, 1994

July 25, 1994

PACER

NOTICE OF CASE ASSIGNMENT to Magistrate Judge Mark D. Fox endorsed on order of reference to Magistrate Judge. Referred for General pretrial/including initial case managment conference. Copies mailed. (ds)

July 25, 1994

July 25, 1994

PACER

Pre-trial conference held (dh)

July 28, 1994

July 28, 1994

PACER
21

MEMORANDUM by Bari-Ellen Roberts, Sil Chambers in opposition to motion to dismiss plaintiff's title VII claims. (dh) (Entered: 08/04/1994)

Aug. 1, 1994

Aug. 1, 1994

PACER
22

AFFIDAVIT of Steven B. Singer by Bari-Ellen Roberts, Sil Chambers (dh) (Entered: 08/04/1994)

Aug. 1, 1994

Aug. 1, 1994

PACER
23

AFFIDAVIT of Beth A. Andreozzi by Bari-Ellen Roberts, Sil Chambers Re: (dh) (Entered: 08/04/1994)

Aug. 1, 1994

Aug. 1, 1994

PACER
24

Transcript of record of proceedings filed for dates of 7/29/94 (dh) (Entered: 08/18/1994)

Aug. 18, 1994

Aug. 18, 1994

PACER
26

AFFIDAVIT of John J.P. Howley by Texaco Incorporated (dh) (Entered: 08/30/1994)

Aug. 29, 1994

Aug. 29, 1994

PACER
25

MEMORANDUM by Texaco Incorporated in support of its motion to dismiss Plaintiffs' Title VII claims. (dh) (Entered: 08/30/1994)

Aug. 30, 1994

Aug. 30, 1994

PACER
27

Transcript of record of proceedings filed for dates of 9/14/94 (dh) (Entered: 09/22/1994)

Sept. 22, 1994

Sept. 22, 1994

PACER
29

Letter filed dated 9/23/94 to Mr. Hernandez from Charles L. Brieant, USDJ. (dh) Modified on 09/23/1994 (Entered: 09/23/1994)

Sept. 23, 1994

Sept. 23, 1994

PACER
28

Letter filed dated 9/13/94 to Judge Brieant from Miguel J. Hernandez. (dh) (Entered: 09/23/1994)

Sept. 23, 1994

Sept. 23, 1994

PACER

Pre-trial conference held before Mag. Judge Fox. (ec)

Jan. 13, 1995

Jan. 13, 1995

PACER
30

Transcript of record of proceedings filed for dates of 1/13/95 (rd) (Entered: 02/01/1995)

Jan. 31, 1995

Jan. 31, 1995

PACER
31

Transcript of record of proceedings filed for dates of 2/14/95 (ec) (Entered: 03/07/1995)

March 6, 1995

March 6, 1995

PACER
32

REPORT AND RECOMMENDATIONS of Judge Charles L. Brieant Re :Your Honor requested a report and recommendation in connection with deft's motion pursuant to Rules 12(b)(1) and 12(b)(6) of the FedRCivP.....I respectfully recommend that deft's motion be denied in its entirety. ; Motion no longer referred Objections to R and R due by 3/22/95 (ec) (Entered: 03/09/1995)

March 8, 1995

March 8, 1995

PACER

Pre-trial conference held before Mag. Judge Fox. (ec)

March 8, 1995

March 8, 1995

PACER
33

AFFIDAVIT of Ada Meloy Re:I submit this affidavit in response to the Motion to Compel of deft Texaco, Inc. (ec) (Entered: 03/13/1995)

March 10, 1995

March 10, 1995

PACER
34

Transcript of record of proceedings filed for dates of 03/08/95 (kz) (Entered: 03/22/1995)

March 22, 1995

March 22, 1995

PACER
35

Objection(s) by Texaco Incorporated to the Mag. Judge's Rulings re:Texaco Inc.'s Assertion of the Self-Critical Analysis Privilege (ec) (Entered: 03/24/1995)

March 24, 1995

March 24, 1995

PACER
36

Objection(s) by Texaco Incorporated tot he Mag. Judge's denial of its motion to dismiss pltfs' Title VII Claims (ec) (Entered: 03/24/1995)

March 24, 1995

March 24, 1995

PACER
37

MEMORANDUM and Order...Before this Court are objections by deft. Texaco, Inc. to the Mag. Judge's rulings concerning Texaco's assertion of the "self-critical analysis privilege". Deft. objects to a ruling made by the Mag. Judge on March 8, 1995 at a hearing.....The Court declines to take any further action in connection with this issue. Texaco is directed to conform fully with the Mag. Judge's ruling, granting the plain English meaning to each of his words set forth. ( Signed by Judge Charles L. Brieant ); Copies mailed. (ec) (Entered: 03/28/1995)

March 27, 1995

March 27, 1995

PACER
38

MEMORANDUM AND ORDER (The Title VII claims alleged on behalf of a nationwide class are dismissed without prejudice and may be reinstituted upon the completion of formal proceedings before the EEOC; the Court declines to dismiss the individual claims for any of the reasons stated. So ordered. 3/28/95)( signed by Judge Charles L. Brieant ); Copies mailed (kz) (Entered: 03/28/1995)

March 28, 1995

March 28, 1995

PACER
39

NOTICE OF MOTION by Bari-Ellen Roberts, Sil Chambers, Janet Leigh Williams, Marsha Harris, Beatrice Hester & Veronica Shinault, for reargument of that portion of the Court's Order [38-1] dated 3/28/95, that granted dft Texaco Inc.'s motion to dismiss plaintiff's Title VII claims alleged on behalf of a Class. Return date 4/28/95 @ 9:00 am. (jag) Modified on 04/10/1995 (Entered: 04/10/1995)

April 10, 1995

April 10, 1995

PACER
40

Letter filed dated 4/24/95 to Judge Brieant from Andrea S. Christensen. (dh) (Entered: 05/02/1995)

May 2, 1995

May 2, 1995

PACER
41

SEALED DOCUMENT placed in vault Log #2226. Appendix B To plntfs' motion for class certification. plntf's experts' reports. (kk) Modified on 11/06/1996 (Entered: 05/17/1995)

May 16, 1995

May 16, 1995

PACER
42

SEALED DOCUMENT placed in vault Log #2227. Plntfs' memorandum of Points and authorities in support of motion for class certification. (kk) Modified on 11/06/1996 (Entered: 05/17/1995)

May 16, 1995

May 16, 1995

PACER
43

SEALED DOCUMENT placed in vault Log #2228. Appendix C To plntfs' motion for class certification. Plntfs' exhibits. (kk) Modified on 11/06/1996 (Entered: 05/17/1995)

May 16, 1995

May 16, 1995

PACER
44

NOTICE OF MOTION by Bari-Ellen Roberts, Sil Chambers to certify class action (kk) (Entered: 05/17/1995)

May 16, 1995

May 16, 1995

PACER
45

APPENDIX A TO [44-1] motion to certify class action .. Declarations of pltffs' witnesses. (kk) (Entered: 05/17/1995)

May 16, 1995

May 16, 1995

PACER
46

DEPOSITION of Richard Allen Lundwal held on 08/05/94 (kk) (Entered: 05/17/1995)

May 16, 1995

May 16, 1995

PACER
47

ORDER granting [39-1] motion for reargument of that portion of the Court's Order [38-1] dated 3/28/95, that granted dft Texaco Inc.'s motion to dismiss plaintiff's Title VII claims alleged on behalf of a Class. (Plaintiffs' motion for reargument is granted and the Court adheres to its prior rulings in all respects.)( signed by Judge Charles L. Brieant ); Copies mailed (kz) (Entered: 06/01/1995)

May 26, 1995

May 26, 1995

PACER

Memo endorsed on motion; denying [44-1] motion to certify class action (The within motion is denied as moot. See Memorandum and Order dated March 28, 1995 and Memorandum & order dated May 26, 1995. So ordered. 6/5/95)( signed by Judge Charles L. Brieant ); Copies mailed. (kz)

June 5, 1995

June 5, 1995

PACER
48

Filed Memo Endorsement on letter to Judge Brieant from Daniel L. Berger dated 6/8/95 re: on behalf of plaintiffs, request for clarification or reconsideration of the Court's endorsement, dated 6/5/95, on plaintiffs' motion for class certification, which denied plaintiffs' motion as moot. ENDORSEMENT: Treating the within letter as a motion for reconsideration, the motion is denied with leave to renew upon completion of the investigation by the EEOC, and the issuance of a determination thereof. SO ORDERED. ( signed by Judge Charles L. Brieant ) (jag) (Entered: 06/12/1995)

June 12, 1995

June 12, 1995

PACER
49

NOTICE OF MOTION by Texaco Incorporated for an Order striking allegations and arguments in pltfs' ntc of motion for class certification No Return date (ec) (Entered: 06/15/1995)

June 15, 1995

June 15, 1995

PACER
50

MEMORANDUM by Texaco Incorporated in opposition to [44-1] motion to certify class action (ec) (Entered: 06/15/1995)

June 15, 1995

June 15, 1995

PACER

Memo endorsed on motion; denying [49-1] motion for an Order striking allegations and arguments in pltfs' ntc of motion for class certification (The within motion, filed June 15, 1995 with no return date, is denied with leave to renew following completion of the investigation by the Equal Employment Opportunity Commission and the issuance of a determination thereof, if and when the motion for class certification is renewed. See memorandum endorsement order in this case issued June 12, 1995. So ordered. 6/19/95)( signed by Judge Charles L. Brieant ); Copies mailed. (kz)

June 19, 1995

June 19, 1995

PACER
51

TEXACO INC.'s MEMORANDUM IN SUPPORT OF ITS MOTION TO STRIKE ALLEGATIONS BEYOND THE SCOPE OF THE PUTATIVE CLASS ALLEGED IN PLAINTIFFS' FIRST AMENDED COMPLAINT by Texaco Incorporated in support of [49-1] motion for an Order striking allegations and arguments in pltfs' ntc of motion for class certification (kz) (Entered: 06/20/1995)

June 19, 1995

June 19, 1995

PACER
52

Letter filed dated 6/20/95 to Judge Brieant from atty Andrea S. Christensen re We submitteed papers in opposition to pltfs' class certification motion on June 14, 1995 in accordance with the existing scheduling order, and we request that the motion be decided at the earliest possible date. (ec) (Entered: 06/26/1995)

June 26, 1995

June 26, 1995

PACER
53

NOTICE OF MOTION by Bari-Ellen Roberts, Sil Chambers for leave to to serve and file second amended complaint, Return date 9/13/96 (ec) (Entered: 08/29/1996)

Aug. 29, 1996

Aug. 29, 1996

PACER
54

NOTICE OF MOTION by Bari-Ellen Roberts, Sil Chambers for an order granting pltfs' motion to renew their motion for class certification under the civil rights act of 1871, as amended in 1991, 42 USC sect. 1981, and section 296 of the New York Human Rights Law, NY Exec. Law Sect 296, Return date 9/13/96 (ec) Modified on 10/01/1996 (Entered: 08/29/1996)

Aug. 29, 1996

Aug. 29, 1996

PACER
55

MEMORANDUM by Texaco Incorporated in Partial opposition to [53-1] motion for leave to to serve and file second amended complaint (ec) (Entered: 09/23/1996)

Sept. 19, 1996

Sept. 19, 1996

PACER
56

REPLY MEMORANDUM by Bari-Ellen Roberts, Sil Chambers in support of [53-1] motion for leave to to serve and file second amended complaint, [54-1] motion for an order granting pltfs' motion to renew their motion for class certification under the civil rights act of 1871, as amended in 1991, 42 USC sect. 1981, and section 296 of the New York Human Rights Law, NY Exec. Law Sect 296 (ds) (Entered: 09/26/1996)

Sept. 26, 1996

Sept. 26, 1996

PACER

Memorandum to Docket Clerk: 9/27/96 Hearing held on plntfs' motion for leave to amend and motion to renew motion for class certification. (Court reporter: mary Staten). Judge's decision: See Court's endorsement order this date for decision on motion for leave to amend (doc #53). Hearing on revewed motion for class certification continued to December 6,1996 at 11am to permit counsel to file additional briefs. See transcript. Submitted by Toni Bravato, Deputy Court Clerk (ds)

Sept. 27, 1996

Sept. 27, 1996

PACER

Memo endorsed on motion; mooting (This motion is rendered moot by stipulation of counsel. See transcript of hearing this date) [53-1] motion for leave to to serve and file second amended complaint ( signed by Judge Charles L. Brieant ); Copies mailed. (ec)

Sept. 27, 1996

Sept. 27, 1996

PACER
57

Letter filed to Judge Brieant by John J.P. Howley on behalf of Texaco Incorporated dated 9/19/96 re Corrected Exh. "C" to Defendant's Memorandum in Partial Opposition docketed 9/19/96 (kz) (Entered: 09/30/1996)

Sept. 27, 1996

Sept. 27, 1996

PACER
58

Transcript of record of proceedings filed for dates of 9/27/96 (kz) (Entered: 10/10/1996)

Oct. 10, 1996

Oct. 10, 1996

PACER
60

NOTICE OF MOTION by Bari-Ellen Roberts, Sil Chambers for an order granting pltnfs' motion for class certification under the Civil Rights Act of 1964, as amended 42 USC sect 2000e, et seq., the Civil Rights Act of 1871, as amended, 42 USC sect 1981, and Sect 296 of the NY Human Rights Law, N.Y. Exec. Law sect 296 (McKinney 1993), Return date 12/6/96 at 11am (ds) (Entered: 10/29/1996)

Oct. 28, 1996

Oct. 28, 1996

PACER
61

MEMORANDUM by Bari-Ellen Roberts, Sil Chambers in support of [60-1] motion for an order granting pltnfs' motion for class certification under the Civil Rights Act of 1964, as amended 42 USC sect 2000e, et seq., the Civil Rights Act of 1871, as amended, 42 USC sect 1981, and Sect 296 of the NY Human Rights Law, N.Y. Exec. Law sect 296 (McKinney 1993) (ds) (Entered: 10/29/1996)

Oct. 28, 1996

Oct. 28, 1996

PACER
59

MEMORANDUM by Bari-Ellen Roberts, Sil Chambers in support of Order to Show Cause why sanctions should not be imposed on Texaco, Inc. (ds) (Entered: 10/29/1996)

Oct. 29, 1996

Oct. 29, 1996

PACER
62

ORDER TO SHOW CAUSE by Bari-Ellen Roberts, Sil Chambers Show Cause Hearing set for 9:00 11/1/96 why an order should not be issued, pursuant to the Court's inherent powers to regulate litigation, imposing sanctions on deft Texaco Inc ( signed by Judge Charles L. Brieant ); Copies mailed. (ec) (Entered: 10/30/1996)

Oct. 29, 1996

Oct. 29, 1996

PACER
63

Transcript of record of proceedings filed for dates of September 27, 1996 (ll) (Entered: 10/31/1996)

Oct. 30, 1996

Oct. 30, 1996

PACER
64

AFFIDAVIT in support of Cyrus Mehri by Bari-Ellen Roberts, Sil Chambers Re: [60-1] motion for an order granting pltnfs' motion for class certification under the Civil Rights Act of 1964, as amended 42 USC sect 2000e, et seq., the Civil Rights Act of 1871, as amended, 42 USC sect 1981, and Sect 296 of the NY Human Rights Law, N.Y. Exec. Law sect 296 (McKinney 1993) (pm) (Entered: 11/06/1996)

Oct. 30, 1996

Oct. 30, 1996

PACER
65

Letter to USMJ Fox filed by Court TV, Cynthia M. Brill dated Nov. 12, 1996 re permission to televise the hearing to be held before the Court on plnts' motions seeking relief based upon an alleged violation of the federal discovery rules, currently schedule dfor 11/22/96. (ds) (Entered: 11/14/1996)

Nov. 14, 1996

Nov. 14, 1996

PACER
66

Letter filed dated November 14, 1996 to Judge Brieant from atty Spencer H. Lewis, Jr. re Notice from EEOC (ec) (Entered: 11/18/1996)

Nov. 15, 1996

Nov. 15, 1996

PACER
67

NOTICE OF MOTION to intervene by Equal Employment Opp pursuant to FRCP 24(b), NO Return date (ds) (Entered: 11/20/1996)

Nov. 20, 1996

Nov. 20, 1996

PACER
68

MEMORANDUM by Equal Employment Opp in support of [67-1] motion to intervene by Equal Employment Opp pursuant to FRCP 24(b) (ds) (Entered: 11/20/1996)

Nov. 20, 1996

Nov. 20, 1996

PACER
69

AFFIDAVIT in support of James Lee by Equal Employment Opp Re: [67-1] motion to intervene by Equal Employment Opp pursuant to FRCP 24(b) (ds) (Entered: 11/20/1996)

Nov. 20, 1996

Nov. 20, 1996

PACER
70

SCHEDULING ORDER setting 12/6/96 as the return day for hearing the motion.; On 11/20/96, a Motion to intervene as plntf was served and filed in this action by the EEOC by its Regional Atty. The motion was filed w/o a designated return day, as contemplated by Rule 3 of the Civil Rules of the SDNY. This Court hereby establishes 12/6/96 at 11:00 am in Courtroom 218 as the return day for hearing the motion. If all counsel appearing of record in the case consent to the proposed intervention, there is no need to appear onthe return date, and a consent order may be submitted. SO ORDERED: ( signed by Judge Charles L. Brieant ) ; Copies mailed (ds) (Entered: 11/21/1996)

Nov. 21, 1996

Nov. 21, 1996

PACER
71

Letter filed dated November 26, 1996 to Judge Brieant from atty Elizabeth Grossman re We write on behalf of pltfs, deft Texaco Inc., and proposed intervenor EEOC, to request that the Court adjourn the December 6, 1996 hearing date on the EEOC's motion to intervene as pltf, to Dec. 20, 1996. (ec) (Entered: 12/02/1996)

Dec. 2, 1996

Dec. 2, 1996

PACER
72

Letter to USDJ Brieant from Joe Herzig filed dated 12/3/96 re to express the opinion that the main reason for the quick and cash rich settlement in the the Texaco case is the public revelation that a Texaco executive used the "n-word" in a secretly recorded tape. (ds) (Entered: 12/05/1996)

Dec. 5, 1996

Dec. 5, 1996

PACER
73

NOTICE OF MOTION by Bernard Kirk Barnes for joinder No Return date (ec) (Entered: 12/10/1996)

Dec. 9, 1996

Dec. 9, 1996

PACER
74

Letter filed to USDJ Brieant from Cynthia Brill of Court TV dated Dec. 24, 1996 re application for Television Coverage (ds) (Entered: 12/30/1996)

Dec. 30, 1996

Dec. 30, 1996

PACER
75

Letter to USDJ Brieant from attys for parties filed by Bari-Ellen Roberts, Sil Chambers, Texaco Incorporated, Equal Employment Opp dated Dec. 31, 1996 re we request that the Court adjourn the hearing schedule dfor 1/3/97 at 11:30am until 1/17/97. (ds) (Entered: 01/02/1997)

Jan. 2, 1997

Jan. 2, 1997

PACER
76

STIPULATION AND SETTLEMENT AGREEMENT Between EEOC and Texaco, Inc.; (SEE DOC #76 FOR DETAILS) This stipulation and settlement agreement is entered into this 3rd day of January 1997 by and between the EEOC, an agency of the US Gov't., and dft Texaco, Inc., including all its predecessors, successors, assigns, agents and subsidiaries ("Texaco"). For purposes of this Agreement, "subsidiaries" shall mean entities in which Texaco has, directly or indirectly, more than a 50% ownership interest. Whereas, the EEOC moved to intervene in this action on 11/20/96, and the EEOC and Texaco intend that said motion to intervene be conditionally granted upon the follwoing terms and conditions agreed to between them; ...... NOW THEREFORE, and in consideration of the mutual promises of each party to this Agreemetn, it is stipulated and agreed: 1) This agreement resolves all of the issues raised by the charges and/or EEOC's letter of determination dated 6/6/96. 2) The parties agree that this Court has jurisdiction of the subject matter of this action and of the parties, that venue is proper, and that all administrative prerequisites have been met. 3) The parties agree that the EEOC shall be an intervening party in the Roberts Action and that this Agreement shall be submitted to the USDC for the SDNY to be "so ordered" to become effective at the same time as its entry of its final order approving the settlemtn agreement in roberts .... 4) Each party shall bear its own atty fees and costs incurred in this action. 5) This agreement constitutes the complete understanding between Texaco and the EEOC. No other promises or agreements shall be binding .... 6) This agreement will remain in effect for 5 years from the date of entry unless the court order otherwise. 7) Texaco, its successors, assigns and agents, shall not engage in any employment practices which discriminate on the basis of .... 8) All African-American employess employed in a salaried position in the US by Texaco or its subsidiaries at any time from 3/23/91 through and including 11/15/96 shall be offered compensation pursuant to the Roberts Agreement. 9) The parties recognize that pursuant to the Roberts Agreement, an "Equality and Tolerance Task Force" (Hereinafter "Task Force") will be created to determine revisions and additions to Texaco's current human resources programs.... 10) W/in 6 months of the effective date of this agreement, Texaco shall implement an alternative dispute resolution program which shall utilize both mediators and arbitrators. ..... 11) W/in 12 months of the effective date of this Agreement, Texaco shall submit to EEOC a written plan for validating and examining potential adverse impact of the PMP, or .... 12) Until Texaco finally adopts the revised study methodology referred to in the above paragraph, the pMP or similar selection device, shall be monitored for its effects. .... 13) Texaco's job posting policy shall be utilized re; open positions in grades 18 and lower. All job postings shall be placed in each area where employee notices are regularly posted. 14) At the end of one year form the effective date of this agreement and at yearly intervals thereafter for a period of 5 yrs, Texaco shall submit a Report to EEOC .... 15) EEOC may monitor Texaco's compliance with Title VII by inspection of Texaco's premises and records,.... 16) Texaco shall post the Notice attached as Exhibit A in each area where employee notices are regularly posted. 17) W/in 3 mnths of the effective date of this agreement, Texaco shall provide all managerial employees w/a written update of all laws enforced by the EEOC including recordkeeping requirements in a mutually agreed form. 18) In the event the Roberts Agreement does not become final pursuant to its terms, this agreement shall become null and void and of no force and effect. ..... 19) The effective date of this Agreement shall be the date the Roberts Agreement, pusuant to its terms, becomes final. 20) Nothing in this Agreement shall apply to the filling of elected officer positions. Stipulated and agreed between the EEOC and Texaco by their undersigned counsel, 1/3/97. SO ORDERED: ( signed by Judge Charles L. Brieant ) (ds) (Entered: 01/03/1997)

Jan. 3, 1997

Jan. 3, 1997

PACER

Memo endorsed on motion; granting [67-1] motion to intervene by Equal Employment Opp pursuant to FRCP 24(b). ENDORSEMENT: Motion granted on consent to the extent set forth on the record at hearing held this date. See transcript. SO ORDERED: ( signed by Judge Charles L. Brieant ); Copies mailed. (ds)

Jan. 3, 1997

Jan. 3, 1997

PACER

Memorandum to Docket Clerk:Hearing begun and concluded on 1/3/97. (court rpt. Angela O'Donnell). Judge's Decision - motion granted as to pltfs intervention. By Jan-10, 1997 plaintiff to file a motion by order to show cause as discussed on the record. Next status conference February 27, 1997 at 9. See transcript. (ec)

Jan. 3, 1997

Jan. 3, 1997

PACER
77

Letter filed to Judge Brieant from Adam Liptak atty for the NY Times dated Jan. 3, 1997 re I represent the NY Times. I write to request an emergency hearing on The Time's application for access to a scheduling conference apparently underway at this very moment. (ds) (Entered: 01/06/1997)

Jan. 6, 1997

Jan. 6, 1997

PACER
78

Letter filed dated January 7, 1997 to Judge Brieant from Shirley J. Wilcher, Deputy Asst Secretary for Federal Contract Compliance re agreement in principle to settle (ec) (Entered: 01/10/1997)

Jan. 10, 1997

Jan. 10, 1997

PACER
79

NOTICE OF MOTION by Bernard Kirk Barnes to join said class action suit as a plaintiff, Return date 12/9/96 (ll) (Entered: 01/14/1997)

Jan. 14, 1997

Jan. 14, 1997

PACER

ORDER [79-1] motion to join said class action suit as a plaintiff Endorsement order. the within letter from Mr. Bernard Barnes is treated as a motion. there is no need to grant the motion because if a class is declared all members of the class will automatically be included unless they opt out. Motion denied. So Ordered: ( signed by Judge Charles L. Brieant ); Copies mailed (ll)

Jan. 14, 1997

Jan. 14, 1997

PACER
80

Transcript of record of proceedings filed for dates of 1/3/97 court reporter, Angela O'Donnell (pm) (Entered: 01/15/1997)

Jan. 15, 1997

Jan. 15, 1997

PACER
81

Letter to USDJ Brieant signed by attys for the parties filed by Bari-Ellen Roberts, Sil Chambers, Texaco Incorporated dated Jan. 15, 1997 re we believe the parties need take no further action with respect to the OFCCP Letter. (ds) (Entered: 01/16/1997)

Jan. 16, 1997

Jan. 16, 1997

PACER
82

ORDER TO SHOW CAUSE by Bari-Ellen Roberts, Sil Chambers Show Cause Hearing set for 9:00 3/18/97 why an Order should not be entered approving (1) the proposed Settlement and compromise of this action set forth in the Settlement Agreement as being fair, adequate and reasonable and entering final judgment thereon dismissing this action on the merits, with prejudice and without costs; (2) the proposed Allocation Plan of the Net Settlement Fund among Class members; (3) the applications of Class Counsel for an award of attorneys' fees, costs and reimbursement of exepenses; and (4) the applications of the named pltfs for incentive awards. ( signed by Judge Charles L. Brieant ); Copies mailed. (ec) (Entered: 01/23/1997)

Jan. 23, 1997

Jan. 23, 1997

PACER
83

MEMORANDUM by Bari-Ellen Roberts, Sil Chambers in support of [82-1] motion why an Order should not be entered approving (1) the proposed Settlement and compromise of this action set forth in the Settlement Agreement as being fair, adequate and reasonable and entering final judgment thereon dismissing this action on the merits, with prejudice and without costs; (2) the proposed Allocation Plan of the Net Settlement Fund among Class members; (3) the applications of Class Counsel for an award of attorneys' fees, costs and reimbursement of exepenses; and (4) the applications of the named pltfs for incentive awards. (ec) (Entered: 01/23/1997)

Jan. 23, 1997

Jan. 23, 1997

PACER
84

STIPULATION AND SETTLEMENT AGREEMENT (UNSIGNED). (ec) (Entered: 01/23/1997)

Jan. 23, 1997

Jan. 23, 1997

Clearinghouse
85

Letter Mr. A.L. Brown from Texaco Foundation filed by Texaco Incorporated dated Dec. 11, 1996 re newspaper article on mr. Edwards (ds) (Entered: 01/28/1997)

Jan. 27, 1997

Jan. 27, 1997

PACER
86

MEMORANDUM AND ORDER ....the following motions, having been rendered conditionally moot by the order of this Court issued January 23, 1997 providing for notice of hearing of a proposed settlement of the action are Denied with leave to renew if the class action settlement is not approved and performed: (1)Motion filed August 29, 1996(Doc.#54); (2) Motion filed Oct. 28, 1996 (Doc.#60). The motion filed December 9, 1996 by Mr. Bernard Kirk Barnes (Doc.#73) is also denied. - terminating [73-1] motion for joinder, terminating [60-1] motion for an order granting pltnfs' motion for class certification under the Civil Rights Act of 1964, as amended 42 USC sect 2000e, et seq., the Civil Rights Act of 1871, as amended, 42 USC sect 1981, and Sect 296 of the NY Human Rights Law, N.Y. Exec. Law sect 296 (McKinney 1993), terminating [54-1] motion for an order granting pltfs' motion to renew their motion for class certification under the civil rights act of 1871, as amended in 1991, 42 USC sect. 1981, and section 296 of the New York Human Rights Law, NY Exec. Law Sect 296 ( signed by Judge Charles L. Brieant ); Copies mailed (ec) (Entered: 01/28/1997)

Jan. 27, 1997

Jan. 27, 1997

PACER
87

NOTICE OF MOTION by Clarence Zachary, William Rabb Jr., Carolyn Simpson, Frieda Woods, John Thomas, Jesse J. Riggins to intervene, Return date 2/21/97 (kz) Modified on 02/24/1997 (Entered: 02/05/1997)

Feb. 5, 1997

Feb. 5, 1997

PACER

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Private Employment Class Actions

Key Dates

Filing Date: March 23, 1994

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All salaried African-American employees of Texaco that were discriminated against in terms of promotions, compensation, and the terms and conditions of their employment, including training and job assignments.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Texaco Incorporated, 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

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1997 - 2002

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Utilize objective hiring/promotion criteria

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Issues

General:

Pattern or Practice

Discrimination-area:

Disparate Treatment

Hiring

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

Pay / Benefits

Promotion

Training

Discrimination-basis:

Race discrimination

Race:

Black

Affected Sex or Gender:

Female

Male