![]() Plaintiffs' Brief in Support of Motion for Final Approval of Class Settlement, Attorney Fee Award and Other Reliefĭefendant's Brief in Support of Approval of Class SettlementĬOMPLAINT against Cook's Pest Control, Inc. Order Preliminarily Approving Settlement and Providing for Notice Joint Motion for Preliminary Approval of Settlement Agreement Memorandum of Opinion and Order ĭefendant Cook's Pest Control, Inc.'s Brief in Support of Its Motion for Summary Judgment 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. The named plaintiff was allotted to receive $48,000 for the service to the class. 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. 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 January 27, 2012, Judge Coogler preliminarily approved the settlement and certified the class for the purposes of the settlement. 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. ![]() 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. 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. In October of 2011 the parties reached a settlement. In December of 2010, the court stayed the case temporarily as the parties sought mediation. Over the next several years, extensive discovery was conducted. On December 9, 2008, Judge Coogler denied defendant's motion for summary judgment without prejudice pending further discovery. 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 January 28, 2008, the district court (Judge L. ![]() On August 8, 2007, the defendant filed motions to dismiss the plaintiffs' complaint for lack of service and the Title VII claims. The plaintiff sought declaratory judgment, injunctive relief and damages. 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 alleged that defendant maintained a pattern and practice of discrimination in employment on the basis of race. 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. District Court for the Northern District of Alabama. On February 18, 2007, an African-American individual filed a class action lawsuit in the U.S. ![]() Specifically, the plaintiff alleged that defendant discouraged African-A…
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