Case 3:99-cv VMC-MCR Document 23 Filed 09/01/99 Page 1 of 5 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

Similar documents
Dorman v. Winn-Dixie Stores, Inc.

Case 2:10-cv JES-SPC Document 48 Filed 07/14/10 Page 1 of 6 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

Case 0:16-cv BB Document 29 Entered on FLSD Docket 09/21/2016 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

~/

Case 4:18-cv O Document 74 Filed 05/16/18 Page 1 of 8 PageID 879

Case: 1:10-cv SJD Doc #: 10 Filed: 11/22/10 Page: 1 of 8 PAGEID #: 286

United States District Court

United States District Court EASTERN DISTRICT OF TEXAS SHERMAN DIVISION

Case 2:17-cv WB Document 41 Filed 12/08/17 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Case 3:12-cv UATC-MCR Document 24 Filed 09/10/12 Page 1 of 19 PageID 632

Case 1:10-cv JDB Document 9-1 Filed 06/22/10 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN DEIRDRE RICHARDSON,

8:13-cv JFB-TDT Doc # 51 Filed: 10/08/13 Page 1 of 14 - Page ID # 1162 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA

Case 3:12-cv RCJ-WGC Document 26 Filed 07/13/12 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

Case 7:16-cv O Document 69 Filed 01/24/17 Page 1 of 12 PageID 1796

Case 2:06-cv WKW-VPM Document 53 Filed 08/01/2006 Page 1 of 31 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Court of Appeals. First District of Texas

9:14-cv RMG Date Filed 07/07/17 Entry Number 520 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA BEAUFORT DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Case 1:18-cv ABJ Document 19 Filed 02/13/18 Page 1 of 4 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. Plaintiff, Defendants.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

United States Court of Appeals for the Federal Circuit

Case 5:16-cv EJD Document 22 Filed 12/13/16 Page 1 of 8

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION ) ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:18-cv RJC-DSC ) ) ) ) ) ) ) ) ) ) ) ) )

No IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. ELOUISE PEPION COBELL, et al., Plaintiffs-Appellees,

Smith v. RJM Acquisitions Funding, LLC Doc. 35 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case 8:14-cv JSM-CPT Document 313 Filed 12/13/18 Page 1 of 5 PageID 5935

Case: 1:16-cv CAB Doc #: 25 Filed: 07/25/17 1 of 7. PageID #: 253 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAKE CHARLES DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION : : : : : : : : : : ORDER

Case 2:11-cv JTM-JCW Document 467 Filed 04/25/13 Page 1 of 10 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

Case 5:14-cv FB Document 13 Filed 05/21/14 Page 1 of 15 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION. CIVIL ACTION NO.: 6:16-cv-106

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION SENIOR UNITED STATES DISTRICT JUDGE ARTHUR J. TARNOW

Case 2:17-cv JLR Document 94 Filed 02/22/17 Page 1 of 11

IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. Edward Peruta, et al,, Case No

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION. Case No. 3:16-cv-178-J-MCR ORDER

REPLY IN SUPPORT OF PROPOSED INTERVENORS MOTION TO INTERVENE

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION

Case 5:12-cv M Document 55 Filed 06/06/12 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

Raymond MITCHELL, Plaintiff-Appellant, USBI COMPANY, Defendant-Appellee. No United States Court of Appeals, Eleventh Circuit. Sept. 1, 1999.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT. MRS. LORENE JOSHUA, et al.

Case 4:16-cv BMM Document 31 Filed 09/21/16 Page 1 of 10 INTHE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION

Case 1:08-cv SJM Document 26 Filed 04/07/09 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

Case: 2:10 cv EAS TPK Doc #: 28 Filed: 10/10/11 Page: 1 of 5 PAGEID #: 162

Case 1:11-cv CKK-MG-ESH Document 10 Filed 08/30/11 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 1:06-cv SLR Document 12 Filed 09/12/2006 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION

Case 2:04-cv VMC-SPC Document 47 Filed 04/26/2005 Page 1 of 6 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

to the response may be filed unless ordered by the Court...

3:18-cv JMC Date Filed 07/03/18 Entry Number 7 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA

UNITED STATES DISTRICT COURT DISTRICT OF OREGON

In the United States District Court For the Northern District of Georgia Gainesville Division BRIEF IN SUPPORT OF MOTION TO INTERVENE

Case 2:04-cv VMC-SPC Document 51 Filed 05/09/2005 Page 1 of 6 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION OPINION AND ORDER

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

ORIGINAL IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA DUBLIN DIVISION ORDER

Case 1:17-cv ERK-RLM Document 18 Filed 01/02/18 Page 1 of 7 PageID #: <pageid>

Case 2:10-cv HGD Document 31 Filed 06/27/11 Page 1 of 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

Case 1:18-cv ABJ Document 18 Filed 02/06/18 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA.

Case 4:16-cv Y Document 52 Filed 02/07/17 Page 1 of 5 PageID 678

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA. Case CIV-WPD ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS

Case 1:13-cv MCA-RHS Document 50 Filed 07/19/13 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA GAINESVILLE DIVISION

Case 4:07-cv CW Document 69 Filed 03/18/2008 Page 1 of 6

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO CIV-ZLOCH. THIS MATTER is before the Court upon the Mandate (DE 31)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Snell & Wilmer IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION. v. Case No. 8:08-CV-1465-T-33TBM ORDER

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN DECISION AND ORDER

Case 3:13-cv CAB-WMC Document 10 Filed 03/29/13 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Case 4:05-cv HFB Document 44 Filed 03/15/2006 Page 1 of 6

3:16-cv MGL Date Filed 02/15/17 Entry Number 36 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

4:07-cv RGK-CRZ Doc # 92 Filed: 04/15/13 Page 1 of 8 - Page ID # 696 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA

Case 0:06-cv JIC Document 86 Entered on FLSD Docket 06/27/2013 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 1:14-cv VM-RLE Document 50 Filed 05/20/15 Page 1 of 6

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Case: 4:16-cv ERW Doc. #: 105 Filed: 05/15/18 Page: 1 of 10 PageID #: 915

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION. Plaintiff, Defendants.

Case: 1:19-cv DAP Doc #: 19 Filed: 01/30/19 1 of 13. PageID #: 217 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OHIO EASTERN DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA. VERSUS NO NEW ORLEANS CITY, et al. Defendants

Case 5:17-cv RGJ-MLH Document 82 Filed 05/14/18 Page 1 of 9 PageID #: 1231 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA

Case 1:11-cv NMG Document 53 Filed 09/17/12 Page 1 of 10 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

Case 8:13-cv VMC-MAP Document 91 Filed 02/09/15 Page 1 of 11 PageID 2201 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

F I L E D May 2, 2013

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PLAINTIFFS MOTION FOR CLARIFICATION OF SCHEDULING ORDER AND INCORPORATED MEMORANDUM OF LAW

Case 2:12-cv EEF-SS Document 47 Filed 02/28/13 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA. On May 22, 2014, Plaintiff Kristine Barnes recorded a notice of lis pendens on

Transcription:

Case 3:99-cv-00722-VMC-MCR Document 23 Filed 09/01/99 Page 1 of 5 FILED UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION SANDI DORMAN, PAMELA BRIGGS, YOLANDA THOMAS, MARY McGAHEE, BARBARA MITCHELL, AMBROSE DANCY, TERRY WYATT, ANGELA KIRCUS, ANGELA HUBBARD, TAMRAH L. HARRI S, MARVIN BROWN, HENRY DuBOSE, and RANOLDO BOSTON, individually and on behalf of all other persons similarly situated, 99 SEP -/ AM 10: '6 CU:.hi\. LJ.:. '"' ":'Cf CGUn t-1i0dle D1S1K:cr Of FLORIO' JACKSONVILLE. FLORIDA M Plaintiffs, vs. Case No. 99-722-Civ-J-21B WINN-DIXIE STORES, INC., WINN-DIXIE CHARLOTTE, INC., WINN-DIXIE RALEIGH, INC., WINN-DIXIE TEXAS, INC., WINN-DIXIE MIDWEST, INC., WINN-DIXIE ATLANTA, INC., WINN-DIXIE MONTGOMERY, INC. and WINN-DIXIE LOUISIANA, INC., Defendants. ORDER This matter is before the Court on the Motion to Intervene of Yolanda Flynn As A Party Plaintiff As a Matter of Right (Doc. #9), filed on August 3, 1999. Both plaintiffs and defendants have filed responses opposing intervention. (Docs. #17, 18). Yolanda Flynn (Flynn) seeks to intervene as a matter of right as a named plaintiff in this class action litigation. Flynn, a

Case 3:99-cv-00722-VMC-MCR Document 23 Filed 09/01/99 Page 2 of 5 current employee of defendant Winn-Dixie Stores, Inc. (Winn-Dixie) and a member of the classes certified for settlement purposes in this case, bases her request to intervene on two factors: (1) she "may have been a victim of race and sex discrimination" in 1999 when she was not selected as the permanent produce manager at a Winn-Dixie store in Jacksonville; and (2) she "has knowledge of facts that the proposed packaged settlement may be tainted based upon erroneous documentation concerning Winn-Dixie's Human Resources Development Plan." (Doc. #9, p. 1). Flynn seeks intervention pursuant to Fed. R. Civ. P. 24(a), which provides for intervention as a matter of right when the application is timely filed and: (2) when the applicant claims an interest relating to the property or transaction which is the subject of the action and the applicant is so situated that the disposition of the action may as a practical matter impair or impede the applicant's ability to protect that interest, unless the applicant's interest is adequately represented by existing parties. To intervene as a matter of right pursuant to Fed. R. Civ. P. 24 (a) (2), a movant must establish all of the following four elements: (1) his application to intervene is timely; (2) he has an interest relating to the property or transaction which is the subject of the action; (3) he is so situated that disposition of the action, as a practical matter, may impede or impair his ability to protect that interest; and (4) his interest is represented inadequately by the existing parties to the suit. 2

Case 3:99-cv-00722-VMC-MCR Document 23 Filed 09/01/99 Page 3 of 5 Purcell v. BankAtlantic Financial Corp., 85 F.3d 1508, 1512 (11th Cir. 1996), cert. denied, 519 U. S. 867 (1996) (citing Chiles v. Thornburgh, 865 F.2d 1197, 1213 (11th Cir. 1989». Flynn, plaintiffs, and defendants all agree that this is the appropriate standard. "Once a party establishes all the prerequisites to intervention, the district court has no discretion to deny the motion." Purcell v. BankAtlantic Financial Corn., 85 F.3d at 1512 (quoting United States v. Georgia, 19 F.3d 1388, 1393 (11th Cir. 1994) ). As to the first element, the Court finds Flynn's motion to intervene to have been filed in a timely fashion. See Maddow v. Procter & Gamble Co., 107 F.3d 846, 853 (11th Cir. 1997) (holding that whether a motion to intervene is timely is within the district court's discretion). The motion was filed less than three weeks after the filing of the Complaint in this court. As to the second element, the Court finds that Flynn has a sufficient interest relating to the matters which are the subject of this action. Plaintiffs assume that Flynn's potential claims of racial and sex discrimination satisfy this element (Doc. #17, p. 4), and defendants have adopted this position. (Doc. #18, pp. 1-2) Both plaintiffs and defendants assert that Flynn does not satisfy the third element because she is not so situated that the 3

Case 3:99-cv-00722-VMC-MCR Document 23 Filed 09/01/99 Page 4 of 5 disposition of the action, as a practical matter, may impede or impair her ability to protect her interest, i.e., her claim of racial and sex discrimination against Winn-Dixie. The parties argue that Flynn may simply opt out of the settlement and bring her own suit, thereby fully preserving her rights against Winn-Dixie for its conduct in 1999 in Jacksonville. The Court agrees. The Order of Preliminary Approval of Proposed Consent Decree (Doc. #11) provides a procedure by which Flynn can exclude herself from the classes. (Doc. #11, pp. 12-14). Additionally, to the extent Flynn feels the settlement is inappropriate, she may file objections and appear at the fairness hearing. (Doc. #11, pp. 11-12). Finally, the parties assert that Flynn has not shown that her interest is inadequately represented in this case. Representation is found to be adequate "if no collusion is shown between the representative and an opposing party, if the representative does not have or represent an interest adverse to the proposed intervenor, and if the representative does not fail in fulfillment of his duty." Clark v. Putnam County, 168 F.3d 458, 461 (11th Cir. 1999); Fed. Savings and Loan Ins. Corp. v. Falls Chase Special Taxing Dist., 983 F.2d 211, 215 (11th Cir. 1993) (citations omitted). Flynn has not met even the minimal burden established by this rule. The only suggestion of inadequate representation is the events concerning "erroneous documentation" submitted to employees 4

Case 3:99-cv-00722-VMC-MCR Document 23 Filed 09/01/99 Page 5 of 5 on an after the July 20, 1999 public announcement of the settlement of the litigation. There is no suggestion that plaintiffs' attorneys were involved in those events or that the events suggest inadequate representation. Accordingly, it is now ORDERED: The Motion to Intervene of Yolanda Flynn As a Party Plaintiff As a Matter of Right (Doc. #9), filed on August 3, 1999, is DENIED. ~~lone AND ~, 1999. ORDERED at Jacksonville, Florida, this ~ day of y Copies: Hon. Ralph W. Nimmons, Jr. United States District Court Judge Counsel of Record 5